Terms that are technically and commercially clear.

A workable agreement reflects the actual transaction: product or service, scope, specifications, price basis, payment, control, delivery and responsibilities.

CONSOO & CO · 集义行Lelystad · Guangzhou06 / 06

At that point, it is not only what you expected that matters, but above all what the factory demonstrably accepted. That is why we link the agreement to the documents on which production and inspection are also based.

Directly between you and the factory

The purchase or manufacturing agreement is entered into by you and the selected factory. These are the parties placing the order and manufacturing the products respectively.

CONSOO & CO supports the flow of information and coordinates the process, but that involvement does not automatically make us the seller, manufacturer or a party to the purchase agreement. The separate engagement with CONSOO & CO describes our own work and responsibilities.

Drafted for the specific project

For every order placed with a factory selected through the CONSOO & CO process, we work towards a direct contract between the factory and the client. The agreement is drafted or amended for each project by the Chinese lawyer we appoint for this purpose. The project-specific wording is assessed to determine which contract structure, language, choice of law and dispute-resolution arrangement suit the project. Where relevant, this includes:

  1. The full identities of the client and factory.
  2. Product description, quantities and pricing basis.
  3. Drawings, dimensions, materials and finishes.
  4. Approved samples and references.
  5. Tolerances, amendments and approval procedure.
  6. Production, inspection and delivery milestones.
  7. Payment schedule and conditions for a subsequent payment.
  8. Packaging, labels and the agreed delivery term.
  9. Rectification, replacement or other consequences of discrepancies.
  10. Applicable law, competent authority and dispute resolution.

The elements included depend on the product, transaction and legal advice.

Quality control makes the contract useful in practice

The contract states what must be delivered. Quality control records what was found at a selected point in time. When both use the same drawing, material code, sample reference and tolerances, the resulting file is more useful.

If a discrepancy is identified before dispatch, the report and contract allow you to decide on rectification, reinspection, acceptance or another step. Without inspection, a contractual discrepancy may not become visible until arrival. Without a clear agreement, it can still be difficult to link a visible discrepancy to a specific obligation.

Private-client protection requires correct documents

A foreign buyer’s legal position depends on the transaction, contracting parties, contract text, applicable law, competent forum, evidence and practical recoverability. Product specifications, responsibilities and the chosen legal route are therefore documented for each project and reviewed by the lawyer engaged for that assignment.

What you receive

  1. A draft agreement, drafted or amended by the appointed lawyer.
  2. An explanation of the selected clauses and the consequences of each choice.
  3. A final version signed by you and the factory, including all schedules.
  4. Instructions for retaining the project file, so the contract remains available for later service or a possible claim.

Frequently asked questions

Can I involve my own lawyer? Yes. We then work with your legal adviser and share the file in the format they require. The appointed Chinese lawyer remains within the scope of their own assignment.

Is the contract bilingual? The language version and whether a parallel translation is provided are determined by the lawyer for each project. The agreement itself identifies the language that will prevail in a dispute in China.

What if the factory does not comply with the contract? A signed contract is an enforceable document. How it is enforced in practice depends on the selected choice of law, competent authority and actual prospects of recovery. The lawyer records this in the agreement.

Discuss your trade enquiry — discuss your contract file.

Discuss your trade enquiry.

Describe what you want to source, sell or manufacture and where it needs to go. Include the product, volume, target market, timing and what has already been decided.

Discuss your trade enquiry
Head office
Lelystad, Netherlands
Sales office
Guangzhou, China
WhatsApp
+31 6 51790113
+86 156 9202 0290
Email
peter@consoo.co