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contract manufacturing agreement
Hi,
I am about to hire my first contract manufacturer for my indie brand. They signed my NDA and now I am looking for an attorney to draft a contract manufacturing agreement for me. Any recommendations would be great! Many thanks. -
7 Replies
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Usually they will have one. And also the ones to present you with the nda to protect you. I think any contract lawyer can draw one up for you tho
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@Rockstargirl Thank you. I know they have one but I’ve also heard that it is a good idea to have my own. However, since only one will be signed, maybe on this one I’ll have to stick with theirs. I’ve inquired with two attorneys and they don’t do this kind of contract…
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Anca_Formulator said:@Rockstargirl Thank you. I know they have one but I’ve also heard that it is a good idea to have my own. However, since only one will be signed, maybe on this one I’ll have to stick with theirs. I’ve inquired with two attorneys and they don’t do this kind of contract…
I’m sure they can at least review your CM’s contract. It protects you both..but mainly states IP stays with lab
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The Contract Manufacturing Agreement covers (or should cover) many aspects of the mission including quality standards, payment terms, over-run allowances, conflict resolutions, formulation development, IP/brand exclusivity, path to ownership. etc, etc. I’ve seen some that were 20 -plus pages long. The one I drafted years ago was less than 8 pages. If I can dig it up I can send it to you but don’t hold your breath waiting. Full disclosure: I was in the contract manufacturing biz for 35 years so my agreement is from the “other side”.
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In my opinion, while the contract is important, in our case we also make sure that all bases are covered in terms of our manufacturing. In our case, we are GMP Certified and audited. This provides a lot of protection.You can have the best contract in the world, but you remain exposed if you don’t have the manufacturing quality side of things certified. -
@chemicalmatt: Thank you so much. I would very much appreciate seeing your version if you can dig it up.
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I have been in contract manufacturing since 1985, my own business since 1999. I think I have signed 1 manufacturing agreement in that entire time. Customers come to us, I tell them out terms they tell us what they need. We make sample, they approve, we manufacture and fill, they pay us. Simple.
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