Co-Packing Agreement

Summary

This precedent is a co-packing agreement governing a commercial relationship where a co-packer manufactures and packages products for a buyer’s distribution and resale under defined specifications, ordering, pricing, and quality controls. It allocates operational responsibilities and risk across production, raw materials, labelling, shipment, warranties, indemnities, and termination. It should be tailored to the governing province/territory and the regulatory context (especially for food products). This precedent includes practical guidance, drafting notes, alternate clauses, and optional clauses. A co-packing agreement is a binding contract between a manufacturer (or co-packer) and buyer (or purchaser) that contains the terms and conditions under which the manufacturer will produce, and the buyer will purchase the products subject to the agreement. Co-packing agreements are most commonly used in the food industry, as such this precedent contains certain terms typical in that industry....