Manufacturing Outsourcing Agreement Template for Austria

A Manufacturing Outsourcing Agreement is essential when a company decides to outsource its production processes to a third-party manufacturer in Austria or subject to Austrian law. This document establishes the legal and operational framework for the manufacturing relationship, detailing everything from production specifications and quality requirements to intellectual property rights and risk allocation. It's particularly important in industries requiring precise quality control, regulatory compliance, or handling of sensitive intellectual property. The agreement must comply with Austrian legal requirements, including the ABGB, UGB, and relevant industrial regulations. It typically includes detailed schedules for technical specifications, pricing, and service levels, making it suitable for complex manufacturing arrangements where clear operational guidelines and performance metrics are crucial.

1. Parties: Identification of the contracting parties (customer and manufacturer)

2. Background: Context of the agreement and business relationship

3. Definitions and Interpretation: Key terms used throughout the agreement

4. Scope of Services: Detailed description of manufacturing services to be provided

5. Manufacturing Process and Requirements: Specific requirements for the manufacturing process, including quality standards

6. Supply of Materials: Responsibilities for sourcing and supplying raw materials and components

7. Quality Control and Inspection: Quality assurance procedures, testing requirements, and acceptance criteria

8. Delivery and Logistics: Terms for delivery, packaging, and transportation of manufactured goods

9. Pricing and Payment Terms: Pricing structure, payment schedule, and invoicing procedures

10. Performance Standards: Key performance indicators and service levels

11. Warranties and Quality Guarantees: Warranties regarding the manufactured products and services

12. Confidentiality: Protection of confidential information and trade secrets

13. Intellectual Property Rights: Ownership and usage rights of IP related to the manufacturing process

14. Liability and Indemnification: Allocation of risks and responsibilities between parties

15. Term and Termination: Duration of agreement and termination provisions

16. Force Majeure: Provisions for unforeseen circumstances affecting performance

17. Governing Law and Jurisdiction: Choice of law and dispute resolution procedures

18. General Provisions: Standard boilerplate clauses including notices, amendments, and assignment