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Private Label Manufacturing Agreement

Private Label Manufacturing Agreement Template for Indonesia

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Key Requirements PROMPT example:

Private Label Manufacturing Agreement

"I need a Private Label Manufacturing Agreement for our Indonesian food manufacturing partnership with PT Makanan Sejahtera, starting March 2025, which must include halal certification requirements and exclusive manufacturing rights for Southeast Asia."

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Document background
The Private Label Manufacturing Agreement is essential for businesses seeking to manufacture products under their brand through third-party manufacturers in Indonesia. This document is particularly relevant in the current market environment where companies increasingly focus on brand management and marketing while outsourcing production to specialized manufacturers. The agreement must comply with Indonesian law, including Law No. 3 of 2014 on Industry and related regulations governing manufacturing operations. It covers crucial aspects such as production specifications, quality standards, intellectual property protection, regulatory compliance, and risk allocation between parties. The document is designed to protect both the brand owner's interests in maintaining product quality and consistency, and the manufacturer's operational requirements, while ensuring compliance with local regulatory frameworks.
Suggested Sections

1. Parties: Identification of the manufacturer and the private label owner, including their legal status and registered addresses

2. Background: Context of the agreement, including the manufacturer's capabilities and the private label owner's business

3. Definitions: Detailed definitions of key terms used throughout the agreement

4. Scope of Manufacturing Services: Detailed description of the manufacturing services, including production processes and capacity commitments

5. Product Specifications: Requirements for product quality, standards, and specifications

6. Ordering Process: Procedures for placing orders, lead times, and minimum order quantities

7. Price and Payment Terms: Pricing structure, payment terms, currency, and price adjustment mechanisms

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

9. Intellectual Property Rights: Ownership and usage rights of trademarks, patents, and other IP

10. Confidentiality: Protection of trade secrets and proprietary information

11. Regulatory Compliance: Compliance with Indonesian laws, regulations, and industry standards

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

13. Warranties and Indemnifications: Product warranties and mutual indemnification obligations

14. Force Majeure: Provisions for unforeseen circumstances affecting performance

15. Governing Law and Dispute Resolution: Application of Indonesian law and dispute resolution mechanisms

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

Optional Sections

1. Exclusivity: Terms of exclusive manufacturing rights, used when manufacturer is granted exclusive rights for certain territories or products

2. Environmental Compliance: Specific environmental standards and certifications, important for industries with environmental impact

3. Halal Certification: Requirements for Halal compliance, necessary for food, cosmetic, or pharmaceutical products

4. Technology Transfer: Terms for any technology or know-how transfer, used when manufacturing involves proprietary technology

5. Storage and Warehousing: Terms for product storage and inventory management, important for agreements involving inventory holding

6. Insurance Requirements: Specific insurance coverage requirements, important for high-value or high-risk products

7. Social Compliance: Labor and social responsibility standards, important for brands with strong CSR policies

8. Export Controls: Export compliance requirements, necessary when products are intended for export

9. Disaster Recovery: Business continuity and disaster recovery plans, important for critical supply relationships

10. Change Control: Procedures for managing changes to specifications or processes, important for regulated industries

Suggested Schedules

1. Schedule A - Product Specifications: Detailed technical specifications of products to be manufactured

2. Schedule B - Pricing Schedule: Detailed pricing information, including volume discounts and cost adjustment mechanisms

3. Schedule C - Quality Standards and Testing Procedures: Specific quality control procedures and acceptance criteria

4. Schedule D - Production Capacity and Timeline: Manufacturing capacity commitments and production schedules

5. Schedule E - Approved Subcontractors: List of approved subcontractors and their roles, if applicable

6. Schedule F - Packaging Specifications: Detailed packaging requirements and specifications

7. Schedule G - Intellectual Property Materials: Licensed trademarks, logos, and other IP materials

8. Schedule H - Compliance Certificates: Required regulatory and quality certifications

9. Appendix 1 - Standard Operating Procedures: Detailed manufacturing and quality control procedures

10. Appendix 2 - Contact Details: Key personnel and emergency contact information

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Acceptance Criteria
Affiliate
Agreement
Applicable Laws
Approved Subcontractor
Background IP
Batch
Brand Guidelines
Business Day
Change Request
Commencement Date
Confidential Information
Contract Year
Defective Product
Delivery Point
Effective Date
Force Majeure Event
Good Manufacturing Practice
Governmental Authority
Halal Certificate
Intellectual Property Rights
Lead Time
Manufacturing Facility
Manufacturing Process
Manufacturing Services
Minimum Order Quantity
Non-Conforming Product
Packaging Specifications
Private Label Products
Product Specifications
Production Schedule
Purchase Order
Quality Control Procedures
Quality Standards
Raw Materials
Recall
Regulatory Approvals
Specifications
Standard Operating Procedures
Term
Territory
Third Party
Trademarks
Unit Price
Working Hours
Clauses
Appointment and Scope
Manufacturing Services
Product Specifications
Quality Control
Ordering Process
Pricing and Payment
Delivery Terms
Raw Materials and Components
Equipment and Tooling
Production Planning
Regulatory Compliance
Quality Assurance
Product Testing
Packaging Requirements
Storage and Warehousing
Intellectual Property Rights
Confidentiality
Non-Competition
Warranties
Indemnification
Product Liability
Insurance
Force Majeure
Term and Termination
Change Management
Audit Rights
Record Keeping
Subcontracting
Capacity Planning
Exclusivity
Export Controls
Environmental Compliance
Labor Compliance
Health and Safety
Dispute Resolution
Governing Law
Assignment
Notices
Amendments
Entire Agreement
Severability
Relevant Industries

Consumer Goods

Food and Beverage

Cosmetics and Personal Care

Pharmaceuticals

Electronics

Textiles and Apparel

Home and Garden Products

Industrial Equipment

Automotive Parts

Medical Devices

Relevant Teams

Legal

Operations

Procurement

Quality Control

Supply Chain

Regulatory Affairs

Product Development

Manufacturing

Commercial

Risk Management

Technical Operations

Compliance

Relevant Roles

Chief Operating Officer

Manufacturing Director

Procurement Manager

Quality Control Manager

Legal Counsel

Supply Chain Manager

Regulatory Compliance Officer

Operations Manager

Product Development Manager

Contract Manager

Brand Manager

Production Manager

Commercial Director

Risk Manager

Technical Director

Industries
Law No. 3 of 2014 on Industry: Main framework for industrial activities in Indonesia, including manufacturing regulations, licensing requirements, and industrial standards
Law No. 13 of 2003 on Manpower: Governs employment relationships, working conditions, and labor requirements in manufacturing facilities
Law No. 20 of 2016 on Marks and Geographical Indications: Regulates trademark protection and brand ownership, crucial for private label arrangements
Law No. 8 of 1999 on Consumer Protection: Establishes product safety standards, liability, and consumer rights protection requirements
Indonesian Civil Code (KUHPerdata): Provides the fundamental principles of contract law and commercial relationships
Law No. 25 of 2007 on Investment: Regulates foreign and domestic investment in manufacturing operations
Government Regulation No. 44 of 2016 on Negative Investment List: Specifies business sectors that are open, partially open, or closed to foreign investment in manufacturing
Law No. 7 of 2014 on Trade: Governs trading activities, including distribution and sale of manufactured products
Law No. 33 of 2014 on Halal Product Assurance: Relevant for food, cosmetic, and pharmaceutical manufacturing, requiring halal certification for certain products
Government Regulation No. 28 of 2004 on Food Safety: Specific requirements for food manufacturing and safety standards if the agreement involves food products
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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