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IPC Sample Master Ordering Agreement for EMS Companies and OEMs
The Master Ordering Agreement that follows this summary is provided as an example of what terms and conditions might be included in an overarching agreement governing the relationship between an EMS company and its OEM customer. It can be used as a good starting point for negotiating the terms of a manufacturing relationship between two parties. An attempt has been made to keep this agreement reasonably fair and balanced. The terms somewhat favor the EMS company, in part, to allow some room for the parties to negotiate and arrive at an appropriate middle ground. It is generally not a good idea, in a contract negotiation, to start off with proposed terms and conditions that represent the bare minimum of what you are willing to accept. Still, the terms in this agreement are far more even-handed in its application than those in most OEMs’ purchase order terms and conditions or in OEMs’ boilerplate manufacturing agreements.
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