The agreement must state that the ownership of the products as well as all materials and documents provided by the customer in connection with the reconditioning of the products are always available to the customer. Coordination between labelling and manufacturing. As we have dealt with on our food labelling site, any false or misleading information about product labelling means that the product is mismarked. Poorly stigmatized food products are subject to food and drug sanctions and customer complaints. Distributors must include a copy of their label in the agreement. Copackers need complete manufacturing specifications to ensure that the final product matches the Nutrition Facts panel data on the product label. Copackers must also ensure that what they put in the package corresponds to what the distributor said on the label. It is recommended to set performance levels in the service agreement. This may include key performance indicators (KPIs), such as compliance with the co-packaging production plan, the time it takes to finalize an employment contract with the packaging, the value of co-packaging storage adjustments (waste) or the number of errors and quality of the co-packaged packaging. The agreement must indicate the obligations of the co-packer. For example, the Co-Packer undertakes to package products in strict compliance with the customer`s specifications and quality requirements, or that it only packs products in one place or that it ensures the traceability of all co-packaged products at all stages.
Distributors must share their product formula with their co-packer, so co-packer agreements are a kind of intellectual property license. How a formula is shared with a co-packer is indicative of the discipline with which a company deals with its business secrets. Start negotiations with a large NDA that requires permanent confidentiality for trade secrets. When the co-packaging agreement is concluded, all changes should be awarded to the distributor forever. When negotiating a co-trade agreement, liability and compensation clauses can become a highly controversial issue, as money may be at stake for both parties. The customer generally requires that he not be held responsible for the co-packer`s actions or omissions in connection with the co-packing service. The agreement stipulates that the Co-Packer acts as an independent contractor and that all co-packers who provide co-packing services to the customer are considered co-packer employees. It should also include a clause stipulating that the Co-Packer is responsible for paying its own taxes for fees received in connection with the service contract. Everyone asks, “How much insurance do I need?” First, check all the promises made to retailers and retailers. Companies such as Whole Foods and Kroger require their manufacturers to sign “supplier agreements.” These agreements still contain insurance requirements. A review of the requirements of these supplier agreements lays the foundation for adequate coverage.
Second, do not participate in recall insurance that is not part of a general business liability policy. Someone in the co-packing chain has to take out recall insurance, whether it`s the distributor or the manufacturer. These and other risks will soon be addressed on our agile copacking graphic info. To learn more about our global thinking about risk management, please learn more.