There are all sorts of things you should be doing to increase your odds of securing good product from your Chinese manufacturer. When I speak on what it takes to successfully source product from China, I always emphasize the following four things:

  1. Good manufacturer (due diligence)
  2. Good OEM Agreement
  3. Good IP protection
  4. Good quality control

Years ago we did a China OEM Agreement for a really sophisticated client with a really sophisticated in-house lawyer. During one of our conversations this lawyer emphasized the importance of the specifications sheet for his company and talked about how it had instructions on drafting its spec sheets for securing product from China. I asked if he would send me those instructions for this blog. He did and I am just now finally getting around to running it, below.

We typically draft our China OEM Agreements to incorporate our clients’ spec sheets (a/k/a data sheets) as an Exhibit and when that is not possible or if the spec sheet were to change, they are to include the spec sheet as part of their PO, which in turn is specified as being incorporated into the OEM Agreement. So when I lecture on the importance of having a good OEM Agreement, that includes having a good spec sheet.

Note that the below spec sheet instructions are for one particular company and your requirements likely will vary enough from this company’s so as to make these instructions not perfect for you. But it should be a good start.

According to the instructions, all spec sheets should contain the following:

  1. Product description
  2. The SKU
  3. The specific materials for the product and the precise amount
  4. Product dimensions
  5. Product tolerances (if any)
  6. The Pantones (product colors)
  7. Testing requirements
  8. Price
  9. Order quantity
  10. Label specifications
  11. Packaging specifications
  12. Shipping specifications
  13. Special instructions
  14. Photographs of the product from multiple angles and with the dimensions indicated

The instructions also mandate listing “every appropriate detail not set forth above” and the requirement that everything be set out in “as much detail as possible” and “confirming with the manufacturer that you have not overlooked anything”and “that it [the Chinese manufacturer] has everything it needs to know exactly what to manufacture.”

Seems like good instructions to me. What do you think?

Print:
EmailTweetLikeLinkedIn
Dan Harris

I am a founder of Harris Bricken, an international law firm with lawyers in Los Angeles, Portland, San Francisco, Seattle, China and Spain.

I mostly represent companies doing business in emerging market countries. It has taken me many years to build my network and it takes constant communication and travel to maintain it. My work has been as varied as securing the release of two improperly held helicopters in Papua New Guinea, setting up a legal framework to move slag from Canada to Poland’s interior, overseeing hundreds of litigation and arbitration matters in Korea, helping someone avoid terrorism charges in Japan, and seizing fish product in China to collect on a debt.

I was named as one of only three Washington State Amazing Lawyers in International Law, I am AV rated by Martindale-Hubbell Law Directory (its highest rating), I am rated 10.0 by AVVO.com (its highest rating), and I am a SuperLawyer.

I am a frequent writer and public speaker on doing business in Asia and I constantly travel between the United States and Asia. I most commonly speak on China law issues and I am the lead writer of the award winning China Law Blog (www.chinalawblog.com). Forbes Magazine, Fortune Magazine, the Wall Street Journal, Investors Business Daily, Business Week, The National Law Journal, The Washington Post, The ABA Journal, The Economist, Newsweek, NPR, The New York Times and Inside Counsel have all interviewed me regarding various aspects of my international law practice.

I am licensed in Washington, Illinois, and Alaska.

In tandem with the international law team at my firm, I focus on setting up/registering companies overseas (via WFOEs, Rep Offices or Joint Ventures), drafting international contracts (NDAs, OEM Agreements, licensing, distribution, etc.), protecting IP (trademarks, trade secrets, copyrights and patents), and overseeing M&A transactions.