OEM Manufacturing
OEM Cookware Agreements: 8 Clauses Your Contract Must Include
A handshake and a proforma invoice are not a manufacturing agreement. These eight clauses separate professional OEM relationships from expensive lessons.
The 8 clauses
- Exact specifications: materials, gauges, dimensions, finishes - attached as an exhibit, not "as per sample".
- QC standard: AQL level, who inspects, photo-report milestones.
- IP ownership: your designs, logo and tooling designs belong to you - in writing.
- Exclusivity / non-compete: factory won’t sell your exact design to others (time-bound, reasonable).
- Confidentiality: your volumes, pricing and customer data stay private.
- Payment milestones: e.g. 30% deposit, 70% against inspection-passed goods - never 100% upfront.
- Remedies: what happens on defects - rework, remake, refund, and who pays freight.
- Exit terms: how either side ends the relationship, and what happens to tooling you paid for.
Who drafts it?
For first orders, a clear purchase order + attached spec sheet + QC terms signed by both sides is often enough. For ongoing relationships or custom tooling, have a local lawyer review a manufacturing agreement. The cost is trivial next to a container of wrong goods.
Frequently asked questions
Do I need a lawyer for a first OEM order?
A signed PO with specs, QC terms and payment milestones covers most first orders. Engage a lawyer once volumes or tooling investment grow.
Who owns the tooling I paid for?
You should - state it in the agreement, including what happens to the tooling if you leave.
Have a cookware project in mind?
We manufacture triply cookware and supply tri-ply circles for OEM, private label and distribution. Tell us your specs - we reply with a quote.