Fashion or FMCG design and make up agreement

About this fashion or FMCG design and make up agreement

This agreement is for you to send your designs and ideas to a company who will complete the design, send samples to you for approval, pass your stringent tests, comply with national or international standards and ultimately make up to your order. It could as easily be used for any fast moving consumer product like cosmetics, toys or household goods.

We cannot hope to think up the specification for every possible product. We leave it to you to provide your specification for design, finished product and standards to be achieved along the way.

Key features

• Favours the designer/customer not the manufacturer, so puts you in the driving seat
• Takes you logically through the practical provisions you will need
• Assumes your intellectual property is of great value and must be protected
• Suitable for a contract with foreign supplier

Contents of this fashion or FMCG design and make up agreement

The most important provisions are likely to be:

• Manufacturer’s warranties - who they are, what qualifications they have
• Scope of work - what exactly is the deal
• Design reviews, product testing and quality assurance
• Setup costs
• Payment for product development
• Delivery
• You can show their plant to potential customers or regulatory bodies
• Design price and payment
• Production price
• Use of sub-contractors
• Option to cancel contract if ownership changes
• Confidential Information, including your intellectual property
• New designs
• Rules for publicity and / or announcements