3.2 – Product Sample Agreement

Product Sample Agreement

To ensure the sample stage of the process goes smoothly it is extremely beneficial to clearly re-state your product specifications as well as your sample order terms and requirements.

This contract/agreement should be agreed prior to confirming that you wish the sample to be manufactured, and definitely before you agree to payment for the samples.

Below you will see the downloadable “Product Sample Agreement” as well as a list of essential key elements of the contract that need to be carefully and precisely confirmed before you send it. These then need to be accepted by the supplier before you agree to the commencement of the sample process:

Download – Product Sample Agreement

No Unauthorised Use

The supplier agrees not to use any of [YOUR COMPANY NAME]’s provided information, details or designs to manufacture products for its own sales, or for other customers (domestic or international). These include but are not limited to the following:

Brand Name, Technical specifications, Product Design Files, Artworks, Graphics

Sample Cost Deduction

Once the sample is agreed and the buyer decides to go ahead with the complete order the supplier will deduct the sample order cost [Confirm Sample Cost Here] from the complete order price for the total amount of pieces.

Production of Samples

1. Should the samples provided not adhere to the stipulations set out in this agreement including product specification and quality then the supplier or selling agent agrees to reproduce unlimited samples until correct as per the details in this document.

2. Additional payments may not be requested from the buyer for the requested samples unless the buyer requests alteration to the product design, materials, or quality/compliance requirements.

3. The maximum production time for sample is: [Set your agreed maximum sample time here in days]

4. Should an acceptable sample conforming to the requirements set out in this agreement not be achieved following a maximum of two revisions then the buyer is entitled to a full refund of sampling costs from the supplier.

Payment Terms

1. XX% initial payment to instigate immediate sample production
2. XX% balance payment following
confirmed approved samples

Subcontracting Production

Subcontracting any element of the sample production to any other supplier is not permissible.

Tooling Ownership

1. Tooling made to produce samples are the property of the buyer and may not be used in any production for anyone apart from [your company name].

2. Tooling created specifically for [your company name] may be requested and should be delivered upon request within ten working days.

Once you have completed the agreement and it has been stamped and approved by the supplier then you can make the payment and the sample process will begin.

Be aware that if buying from China it MUST be stamped.

In China, the seal of contractual agreements is done using a company “chop” commonly known as a stamp in the west.

IMPORTANT:

Before you send your “Product Sample Agreement” to the supplier please read forward to the next section to see what you should expect in the sample production process. There may be some other information that you decide to add to your “Product Sample Agreement”.

We have made a useful email template for you to use once you are ready to send the “Product Sample Agreement” by email:

Email Template for Ordering Samples

See you in the next section.