White Label Product Agreement

Branding plays an important role in the resale of goods. A recognisable brand goes a long way toward building up consumer trust in a business and establishes consistency in a product range. It is often desirable to establish an “own brand”, particularly when seeking to establish an online presence or a chain of retail stores.

It is not always viable or desirable to manufacture your own products, particularly when seeking to provide a broad range of products. In many cases, this never presents a problem. Retailers simply sell products manufactured and branded by other companies. In certain cases, however, white labelling may be an option.

White Label Product Agreement provides for such a situation. A contract between a manufacturer and a reseller, this document governs the production of a product by the manufacturer and the application of the reseller’s branding thereto.

Detailed provisions in this White Label Product Agreement govern the specification of the product and its manufacture, the production of packaging and documentation, the provision of product warranties, repair services and customer support, particulars relating to orders and pricing, and intellectual property both in terms of designs, patents etc. applying to the product and of trade marks, copyright etc. applying to the reseller’s branding.

White Label Product Agreement contains the following clauses:

  1. Definitions and Interpretation
  2. Nature of Agreement
  3. Product Specification
  4. Application of Branding
  5. Manufacture, Standards and Quality Control
  6. Rejection and Return
  7. Packaging
  8. End-User Documentation
  9. Orders
  10. Cancellation of Orders
  11. Price and Payment
  12. Risk and Retention of Title
  13. Manufacturer’s Intellectual Property
  14. Reseller’s Intellectual Property
  15. Customer Support
  16. Repairs
  17. Product Warranty
  18. Training
  19. Manufacturer’s Warranties and Representations
  20. Reseller’s Warranties and Representations
  21. Indemnity
  22. Confidentiality
  23. Term and Termination
  24. Notice
  25. Force Majeure
  26. No Waiver
  27. Severance
  28. Entire Agreement
  29. Law and Jurisdiction

And the following schedules:

  1. The Product
  2. The Branding
  3. Manufacturing Standards & Quality Control
  4. Manufacturing Process
  5. Packaging
  6. End-User Documentation
  7. Orders
  8. Price
  9. Manufacturer’s Intellectual Property
  10. Customer Support
  11. Repairs
  12. Product Warranty
  13. Training
  14. Product Liability, Insurance & Compensation

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