Sign a contract cosmetics generation of processing enterprises how to avoid risk

by:XJ BEAUTY     2020-06-09
processing enterprises shall be signed with the client OEM generation processing contract, the processing in order to protect their own legal rights, avoid legal risk, should be in when signing a contract, take the following measures: ( A) Conclude a contract for the details of the OEM generation of processing, the main content includes the contract both sides of the name, domicile, contracting the mark, the subject matter of the quantity and quality, to provide raw materials and the quantity and quality requirements of raw materials, pay, contracting way, time, place, way of the contract, the acceptance method and standard, the liability for breach of contract terms, such as the rights and obligations of both sides according to the can depend on. ( 2) The client shall provide the legal and valid business license or organization code certificate, certificate of registration such as the main body qualifications. Provide copies, OEM contracts through agents must also provide valid principal-agent book. ( 3) generation of processing enterprises in the OEM contract, whether to the product of trademark, patent valid review, ask each other to provide trademark registration certificates, patent registration certificate. When ordering batch product is bigger, the other party to provide copy of trademark registration, to ensure their legal rights of trademarks. Both patent or trademark rights, also has the characteristic such as timeliness, regionality, may authorize the use of, so we must be on the effectiveness of the right to review, including whether they have been authorized, whether to remain effective after the authorization, in which countries and regions; If this right is permission to come, but also of the licensing contract to review and confirm each other scope of rights, especially any sublicense the rights of the scope of authority and permission. ( 4) generation of processing enterprises in when signing a contract, on the one hand, need to focus on is not completed timely, well put on record formalities the terms of the situation. For example because of the policy change and the third party liability, force majeure factors led to the generation of cosmetics manufacturer processing enterprises is not completed in time to put on record formalities, cosmetics generation of processing enterprises may be agreed upon in the above case has certain liability exemption. , on the other hand, generation of processing enterprises in the commissioned production contract, must clarify and entrusting production record responsibility, specify filing obligation, on both sides of the contract to avoid a 'mutual completion for the record' and so on vague language.
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