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Contract for the Manufacture and Sale of Goods

This contract template is for use when a manufacturer agrees to produce and sell goods to a buyer. It outlines the terms and conditions of manufacture, sale, delivery, and payment.

Updated 15d ago
contractmanufacturesale of goodssupply agreementSMESouthern Africa

Letterhead

{{company_name}}

{{company_address}}

Phone: {{phone}}

Email: {{email}}

Website: {{website}}

Contract for the Manufacture and Sale of Goods

This Contract for the Manufacture and Sale of Goods ("Agreement") is made and entered into on this {{day}} day of {{month}}, {{year}} ("Effective Date"), By and Between:

1. {{manufacturer_company_name}}, a company duly incorporated under the laws of {{manufacturer_jurisdiction}}, with its principal place of business at {{manufacturer_address}} (hereinafter referred to as "Manufacturer"); and

2. {{buyer_company_name}}, a company duly incorporated under the laws of {{buyer_jurisdiction}}, with its principal place of business at {{buyer_address}} (hereinafter referred to as "Buyer").

Manufacturer and Buyer are hereinafter collectively referred to as “the Parties” and individually as “Party”.

1. Recitals

WHEREAS, Manufacturer is in the business of manufacturing {{type_of_goods}} goods;

WHEREAS, Buyer desires to purchase from Manufacturer, and Manufacturer desires to manufacture and sell to Buyer, certain goods as described herein;

NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the Parties agree as follows:

2. Goods to be Manufactured and Sold

2.1. The Manufacturer shall manufacture and sell to the Buyer the following goods (the "Goods") in accordance with the specifications, quantities, and delivery schedule set forth in Schedule A, attached hereto and incorporated by reference:

- Description of Goods: {{goods_description}}

- Quantity: {{quantity}}

- Specifications: {{specifications}}

2.2. The Parties agree that any changes to the specifications or quantity of the Goods must be mutually agreed upon in writing.

3. Price and Payment Terms

3.1. The total purchase price for the Goods shall be {{total_price}} ({{currency}}).

3.2. Payment shall be made by the Buyer to the Manufacturer in the following installments:

- {{down_payment_percentage}}% of the total price ({{down_payment_amount}} {{currency}}) upon signing of this Agreement.

- {{balance_payment_percentage}}% of the total price ({{balance_payment_amount}} {{currency}}) upon successful delivery and acceptance of the Goods, as per Section 4.

3.3. All payments shall be made via {{payment_method}} to the Manufacturer’s bank account: Account Name: {{manufacturer_bank_account_name}}, Account Number: {{manufacturer_bank_account_number}}, Bank: {{manufacturer_bank_name}}, Branch Code: {{manufacturer_bank_branch_code}}.

4. Delivery and Acceptance

4.1. The Manufacturer shall deliver the Goods to the Buyer at {{delivery_address}} by {{delivery_date}}.

4.2. Delivery shall be deemed complete upon {{incoterms_rule}}.

4.3. The Buyer shall inspect the Goods within {{inspection_period}} days of receipt ("Inspection Period") and notify the Manufacturer in writing of any defects or non-conformities. Failure to provide such notice within the Inspection Period shall constitute acceptance of the Goods.

5. Warranties

5.1. The Manufacturer warrants that the Goods will be manufactured in a workmanlike manner, free from defects in material and workmanship, and will conform to the specifications set forth in Schedule A for a period of {{warranty_period}} from the date of delivery.

5.2. This warranty does not cover defects caused by misuse, neglect, improper installation, or unauthorized modification by the Buyer.

6. Limitation of Liability

6.1. To the maximum extent permitted by law, the Manufacturer's total liability under this Agreement, whether in contract, tort (including negligence), or otherwise, shall not exceed the total price paid by the Buyer for the Goods.

6.2. The Manufacturer shall not be liable for any indirect, incidental, special, or consequential damages, including but not limited to loss of profits, loss of business, or loss of data, arising out of or in connection with this Agreement.

7. Governing Law and Dispute Resolution

7.1. This Agreement shall be governed by and construed in accordance with the laws of {{governing_jurisdiction}}.

7.2. Any dispute, controversy, or claim arising out of or relating to this Agreement, or the breach, termination, or invalidity thereof, shall be settled by amicable negotiation between the Parties.

7.3. If the Parties are unable to resolve the dispute through negotiation within {{negotiation_period}} days, the dispute shall be referred to and finally resolved by arbitration in accordance with the rules of {{arbitration_body}}.

8. Entire Agreement

This Agreement, including Schedule A, constitutes the entire agreement between the Parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements and understandings, whether written or oral.

9. Signatures

IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date first written above.

FOR THE MANUFACTURER:

___________________________

Name: {{manufacturer_signatory_name}}

Title: {{manufacturer_signatory_title}}

Company: {{manufacturer_company_name}}

FOR THE BUYER:

___________________________

Name: {{buyer_signatory_name}}

Title: {{buyer_signatory_title}}

Company: {{buyer_company_name}}

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