Verträge > Vertragsmuster

OEM-Vertrag, französisch

(inkl. CD)
 englisch Vertragsmuster Zuliefer

VDMA/ORGALIME 2007
12 Seiten

OEM is the abbreviation of Original Equipment Manufacturer. The term is widely used but there is no generally recognised definition of the term. Existing OEM contracts are not even consistent as to whether the buyer or the seller is referred to as the “Manufacturer”. In order to avoid any confusion in this model contract, the Parties are referred to as the “Purchaser” and the “Supplier”.
 
OEM contracts are usually long term arrangements which cover the supply of products which the Purchaser to a greater or lesser extent integrates with his own products. The Supplier manufactures and usually designs the products but the Purchaser acts outwardly as the producer. OEM contracts can be divided into three categories depending on the extent to which the products are integrated with the Purchaser’s products. The contracts may cover the supply of :
 
1)         components for incorporation in the Purchaser’s products (e.g. an axle of a car),
2)         equipment to be integrated in a system sold by the Purchaser (e.g. peripherals for a large computer system, ventilation added to a welding machine), or
3)         “stand alone” products which the Purchaser resells with his own trademark but without further processing in order to complete his range of products.
 
This model is primarily intended for category 2). It can also, with appropriate adjustments (e.g. regarding trademarks), be used for category 1), which is in reality a normal subcontract. Category 3) is in reality a distribution contract where the distributor sells the product with his own trademark. This model contract can be amended to cover such a situation but the parties would be better served by using the Orgalime “Model form of exclusive agreement with distributors abroad” as a basis for this contract.
 
Contents:
  • Purpose
    Restrictions on the right of resale
    Modifications of the Products
    Purchases forecast and Purchase orders
    Deliveries
    Prices
    Terms of payment
    Quality assurance and Inspections
    Acceptance tests
    Defects liability period
    Spare parts
    Manufacturing rights
    Trademarks and other intellectual property rights
    Documents and confidential information
    Duration of the Contract
    Early termination
    Applicable law and governing version
    Competent jurisdiction - Arbitration


Herausgeber: ORGALIME

 Erschienen: 2007