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Tag Archives: OEM agreements

China OEM Manufacturing. Deep Six The English?

Posted in Uncategorized

How many of you know what “deep six” means? How many of you have used equally difficult to comprehend slang/words when emailing with your Chinese manufacturer?  How many times has your Chinese manufacturer emailed you back to seek clarification of such words or of anything at all?  I am betting not often. I had a… Continue Reading

How To Stop Your Chinese Supplier From Becoming Your Competitor.

Posted in Internet, Legal News

Renaud Anjoran over at the Quality Inspection Tips blog recently wrote on “How your Chinese suppliers might become your competitors.”  Anjoran provides some excellent suggestions for preventing your China supplier from competing with you, based on his notes from a talk by Paul Melkebeke, Vice President Supply Asia for Samsonite. Melkebeke talked of how building a… Continue Reading

The New Role Of Written Contracts For Product Purchases In China

Posted in Basics of China Business Law, China Business, Legal News

Product manufacturing in China’s coastal regions has become increasingly challenging for manufacturers and buyers alike. Costs such as wages and rent have risen dramatically over the past five years at the same time that the economies of major buyers have suffered severe setbacks. This has put tremendous pressure on the small and medium businesses that… Continue Reading

Silly Rabbit, The Chinese Language Contract Is What Matters

Posted in Basics of China Business Law, Legal News

One of my favorite “trix” employed against American companies doing business in China is the dual language contract, where the English language version is silent on which language controls.  We often see this from companies that come to us for the first time with a contractual problem. Dual language contracts can be incredibly dangerous.  If… Continue Reading

China Legal. Not Hong Kong Legal. Not Taiwan Legal. Not Macau Legal.

Posted in Basics of China Business Law, Internet

I have given four China law speeches in the last month (two live and two via webinars, here and here).  Three out of the four talks generated questions as to whether what I had said applied to Hong Kong or to Taiwan.  My answer in all instances was a resounding “no.” Mainland China has its own… Continue Reading

China Product Sourcing Risk

Posted in China Business, Legal News

Every December, we get an even greater than normal number of phone calls from companies that have received bad product or no product at all and the past two weeks have been no exception.  And as is almost always the case, I blame the “victim.” I blame the victim because without exception, in every single… Continue Reading

How To Write A Chinese Contract That Works. Part II.

Posted in Legal News

A member of our China Law Blog Group on Linkedin left the following comment (modified slightly) regarding Chinese company names, prompting this post: Recently I happened to meet with a Chinese lawyer in Qingdao who told me about how the Province [Shangdong] registers the Chinese name of a company. The companies are registered only with… Continue Reading

China Due Diligence. Review The Chinese Company Seal Cause It Matters.

Posted in China Business, Legal News

Nearly a year ago, we wrote about the importance of including “seal confirmation” in your China due diligence: One of our recurring themes is the need for due diligence when working on any business matters in China. Most foreign companies think of due diligence only when they are planning to make an investment. Most companies… Continue Reading

Dueling Translations. You Got That Right. Why Chinese Is Our Favorite Contract Language.

Posted in Legal News

Blog post at Letters Blogatory, entitled, “Dueling Translations,” expresses surprise/concern over how both parties in an ultra-high stakes international litigation matter “actually submitted dueling certified translations of the Ecuadoran appellate court’s decision (Chevron’s is here [link no longer exists], the Lago Agrio plainitffs’ is here [link no longer exists]).” The post questions this as a… Continue Reading

Drafting A China Manufacturing Agreement. Watching The Sausage Get Made.

Posted in China Business, Legal News

I love it when a blog post just lands in my lap, and one just did. It is a couple of emails from two of my firm’s lawyers to two different clients, both of whom recently retained us to draft OEM Agreements for production of product by factories in China. Both clients are in the… Continue Reading

China OEM Agreements. You Are Naked Without A Good Bill Of Materials

Posted in Basics of China Business Law, Legal News

Manufacturing agreements between foreign companies and their Chinese manufacturers typically come with all sorts of clauses dealing with choice of law, indemnification, time of delivery, failure rate, price, payment, and various other contractual provisions. But, it is oftentimes the Bill of Materials that will make or break the success of the manufacturing relationship, but far… Continue Reading

China Business Is Like Business Everywhere Else

Posted in China Business

Excellent and pithy article in the Shanghai Daily the other day by Iain McGregor (the “pen name for a former senior aerospace executive, intelligence officer and diplomat who is a novelist and occasional commentator living in Shanghai.”) on what it really takes to do business in China (h/t to All Roads Lead to China). The… Continue Reading

China Tooling/China Consulting — I Told You So

Posted in Legal News

A couple days ago, we did a post, entitled, Your Mold Done Gone To China And It Ain’t Never Coming Back, stressing how those doing China OEM Agreements need good contracts to protect their production molds and tooling. Earlier today, we did a post, entitled, China Consultant: Protect Thyself, focusing on how China consultants without good contracts… Continue Reading