Model Form of Original Equipment Manufacturer Contract (OEM Contract)

Published: August 2007
Hard copy languages: English, French, German
Category:
Model Forms

This model form is written for the special type of subcontract which is usually referred to as an OEM-contract. This means that the supplier has developed the product which he supplies and which the purchaser (the original equipment manufacturer) integrates in equipment which he sells to the final customer under his own label. Among the important questions dealt with by the model, should be mentioned restrictions on the right of resale, forecasts and order procedures, liability for late deliveries and for defects and the rights of the parties in respect of trademarks and patents. (It should be noted that the terminology regarding OEM-contracts varies and that some branches of industry refer to the supplier as the "original equipment manufacturer". The principles behind the contracts are, however, comparable).

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