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There are a number of additional services available to importers that all assist with reducing the risks associated with importing. They include things like; legalcontracts and product or materials testing. There are also compliance standards both Australian and/or International Standards. At China Blueprint we will help you make sense of these and put in place processes with your manufacturer to ensure compliance.
Legal Contracts (third party provider) trade, confidentiality, anti-circumvention, supply contracts
Contracts are an important and necessary aspect of any China import project, large or small. If you don’t have your own Chinese/English version contracts we recommend that you obtain them from China experienced lawyers. If you don’t know one we can refer you to our preferred China based legal firms. Do not believe the hype ‘contracts mean nothing in China’.
There are a range of contracts available to protect your trade and intellectual property interests, the following are a few of the most common ones;
Trade Contracts:A contract prepared between you and the supplier setting out the terms of trade. They include but or not limited to; price, delivery, quality and guarantees.
Confidentiality Contracts: A contract that sets out the terms of confidentiality, especially relevant if you are sending your supplier your own unique designs. They include but or not limited to; sharing your products/logo’s/designs with other customers or third parties.
Anti-Circumvention Contract: Sometimes prepared in conjunction with a Confidentiality contract, this prevents the supplier from manufacturing and selling your unique designs or products to other customers or third parties without your permission.
(Exclusive) Supply Agreements: Usually an agreement set out between you and the supplier making you an exclusive importer or agent for the product in your territory over a set period of time. Whilst some Australian companies believe it is ok to rely on the manufacturer to produce this contract, its very important that it is assessed and reviewed by your own independent lawyer as there are a number of performance clauses that will relate to your company, and quality issues that the manufacturer should comply with.
Relying on your supplier to provide contracts can be dangerous, as they are concerned with their rights, more so than yours. Without a contract you will stand little chance of recovering any losses incurred through a bad deal. In our experience contracts are definitely worth the investment and will always be relied upon where there is a problem, even when the solution is to be negotiated out of court.
If you need help choosing a China based lawyer to give you advice, we can point you in the right direction. You can contact us via phone or email, or view our partners page for direct links.
Third party testing agencies are available to if you are having goods manufactured in China and if you want to have your goods tested before they leave the country. In many cases, this is an in-expensive way of undertaking testing for a certain standard in some cases. There are both government and non-government agencies available to importers.
If your products are required to meet any standard of any type it’s your responsibility to make sure they do. This means sourcing an approved supplier and then checking to ensure they can manufacture to this standard. Many importers fall into the trap of assuming their supplier knows about Australian Standards or trust their supplier to ensure their products are compliant each and every time they produce them. This is dangerous assumption and has caused may disappointing shipments in the past where goods have been supplied and are not compliant and rendered useless.
If a factory is not currently producing to your required standard you may need to invest in working with them to upgrade their skill or competency. China Blueprint will assist you with identifying suppliers who meet the standard or with putting in place processes to ensure the standard is adhered to so that compliance is achieved. This includes products compliance and fit-out compliance (both electrical and plumbing).
You don’t know what standard you product needs to comply with, let us help you…
You can contact us via phone or email, or view our partners page for further information.
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