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China Manufacturing Agreement (EN-中文)
China Manufacturing Agreement (EN/中文）
Your Manufacturing Agreement is the playbook for production in China. It turns quotes into binding obligations-price, AQL, timelines, penalties, tooling ownership, labeling, and corrective actions-so launches ship on time and pass compliance.
Updated October 29, 2025 • Pair with your NNN Agreement for pre-production protection.
What a China Manufacturing Agreement covers
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Scope & specifications (drawings, BOM, color/finish, packaging, manuals-via Exhibits).
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Pricing & payment (currency, deposit/balance triggers, surcharge rules, cost-down/commodity clauses).
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Incoterms & logistics (FOB/EXW/DDP, hand-over point, cartons, palletization, booking windows).
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Quality plan (AQL levels, defect classes, inline/final inspections, rework obligations)
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Timeline (EVT/DVT/PVT gates, lab test booking, golden sample lock, ship window, penalties for delay).
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Tooling & IP (ownership, storage, access, preventive maintenance, non-use/non-sell, scrap with proof).
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Change control (ECR/ECN process, sign-off trail, effectivity date, stock disposition).
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Compliance & labeling (EN 71/ASTM F963/62115, chemical limits, markings, tracking labels, DoC/CPC).
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Social & security (BSCI/SMETA/SCAN/CTPAT if required by your customers).
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Remedies & penalties (reject/rework/replace, chargebacks, liquidated damages, warranty terms).
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Governing law & venue (bilingual; CN law/venue common for enforcement).
Why a PO isn't enough: PO-only vs. Manufacturing Agreement
Pricing models & Incoterms (pick the right combo)
Tip: Align Incoterms with your sourcing region and retailer booking windows.
Quality plan, AQL & CAPA
Defect classes & sampling
Controls to put in the contract
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Inline + final inspections with measurement sheets and photo logs.
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Golden sample + color standard (Pantone/Lab) and texture chips locked before mass run.
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CAPA (root cause, fix owner, due date, verification run).
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Hold & disposition rules for non-conforming stock; who pays rework and re-inspection.
Tooling & IP (protect your molds and code)
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Ownership stays with buyer; unique ID engraved; listed in an Exhibit with photos.
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Storage & maintenance log; access on request; no third-party use without consent.
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Non-use/non-sell of overruns/rejects; scrap procedure with dated proof when EOL.
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Firmware/App code escrow or delivery at milestones; avoid lock-in via proprietary tools.
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Pre-production is covered by your NNN Agreement.
Tip: If you want solid terms to protect your tooling, check our Free Tooling Agreement.
Samples & timeline
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EVT → DVT → PVT gates with entry/exit criteria.
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Lab testing plan booked at DVT (EN 71/ASTM/62115/EMC/chemicals).
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Golden sample lock and first article (FAI) sign-off pre-mass run.
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Ship window with liquidated damages for late hand-over (grace days optional).
Compliance, labeling & documents
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Markings and statements (CE/UKCA, age grade, warnings, tracking labels, battery marks).
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Technical File / CPC / DoC responsibilities and retention.
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Packaging legal text areas, barcode specs, Amazon SIOC/ISTA (if applicable).
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Ethical/social/security audits as required by customers (BSCI/SMETA/SCAN/CTPAT).
How to use the agreement (7-step workflow)
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Quote - align specs pack & RFQ; freeze assumptions.
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Draft — fill bilingual template; attach Exhibits (specs, BOM, QC plan, tooling list, packaging, schedule).
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Negotiate — clause-by-clause; agree penalties and AQL.
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Sign & chop — legal rep signature + red company chop (verify license).
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Kickoff - EVT build plan, material ordering, lab booking calendar.
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Control - inspections + CAPA; change control via ECN forms.
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Close - shipment docs, test reports, and tooling inventory updated.
Need region/factory guidance? Ask about our sourcing atlas and vetted maker list.
FAQs
What law/venue should I pick?
Do I still need an NNN?
What AQL should I use?
Can I ship if a few tests are pending?
What if a line change is needed mid-run?