NDA and Return Policy
Non-Disclosure-Agreement. a Draft for Your Review.
MUTUAL CONFIDENTIALITY and NON-DISCLOSURE AGREEMENT FOR CONTRACT MANUFACTURING
THIS AGREEMENT (Non-Disclosure Agreement) is for contract manufacturing only. This Non-Disclosure Agreement is made effective as of (Month/Day/Year), by and between, Attn: First Name, Last Name, ABC Company, located at 123 XYZ Ave, City, State, Zip Code (“the Customer”), and Sequoia Packaging, LLC. (the "Manufacturer"), of 1606 Vantage Drive, Carrollton, Texas 75006.
WHEREAS, the parties, for their mutual benefit, subject to the terms and conditions hereof (i) desire that certain confidential and proprietary information be disclosed to each other for the sole purpose of evaluating a possible business transaction relating to the manufacture, marketing and sale of dietary supplements, vitamins and herbal products (the "Purpose"); and (ii) wish to maintain the confidential nature of such information;
NOW THEREFORE, in consideration of the mutual covenants set forth below, the sufficiency of which is acknowledged, the parties agree as follows:
Governing Jurisdiction: This Agreement shall be governed by Texas, the Governing State, Federal, or Municipal Law].
Confidential Information: This term refers to all confidential information shared between the Disclosing Party and the Recipient, whether oral, written, or otherwise. The term does not include publicly available information or information already known to the Recipient.
Obligations of Confidentiality and Nonuse: The Recipient agrees to hold the Confidential Information in strict confidence, not disclose it to third parties without prior written approval, and use it solely for the Purpose outlined above.
Mutual Disclaimers: Neither party is obligated to enter into further agreements or business relationships under this Agreement.
Return of Materials: Upon request, the Recipient shall return or destroy all Confidential Information and certify such return or destruction.
Term; Duration: This Agreement may be terminated by either party with 30 days' written notice. The confidentiality obligations shall survive for a period of one year following termination.
Injunctive Relief: Each party acknowledges that a breach may cause irreparable harm for which damages would be insufficient. Injunctive relief is an available remedy.
Affiliates: Confidential Information from each party's affiliates is subject to this Agreement.
Notices: All notices shall be given in writing or electronically and shall be deemed properly delivered when sent by certified mail or a nationally recognized overnight courier.
Miscellaneous: This Agreement constitutes the entire understanding between the parties and shall be amended only in writing. The Agreement may be executed in counterparts.
Non-Solicitation: Neither party shall solicit or hire the other party's employees or contractors during the term of this Agreement and for a period of one year after its termination.
No License: This Agreement does not grant either party any license, implied or otherwise, to use the other's confidential information for any purpose other than the Purpose stated in this Agreemet.
Protection of Reputation and Non-Disparagement: Both parties agree to maintain the reputation of the other party and refrain from disparaging the other party to third parties or on the internet. This includes but is not limited to leaking information such as employee names or any other confidential information related to the other party's operations or leadership.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above written.
We understand that returns may occasionally be necessary. Our priority is to minimize your losses while also making you aware that contract manufacturing involves substantial costs. Raw materials, packaging, shipping, and labor constitute approximately 90% of your total payment.
1. Pre-Deposit Cancellations:
No charge will be applied if the order is canceled before a deposit is made.
2. Post-Deposit Cancellations:
2-1. No Materials Purchased:
If no materials have been purchased, you will receive a full refund, and no cancellation fee will be charged.
2-2. Materials Purchased but Not Yet Used:
* If we have already purchased materials but have not started packaging, you will receive a refund minus the cost of the materials and shipping.
* The purchased materials will be shipped to you at your expense. No service fees or cancellation charges will apply.
* This approach is in line with the contract manufacturing model, which precludes the use of your materials by another company.
3. Packaging Begun:
If we have already begun the packaging process, no cancellations or refunds will be possible.
Refunds Due to Quality Issues:
1. Full Order Quality Issues:
* If there is a quality issue affecting the entire order, we will conduct investigations and testing.
* If the issue is confirmed to be our responsibility, we will either provide a full refund or redo the entire order.
2. Individual Product Quality Issues:
For quality issues affecting individual products (e.g., missing lot numbers), we will either replace the item at our expense or provide a refund for that specific item.
1. Shipping Damage:
If products are damaged due to improper handling by the shipping company, no refunds will be given, as this is out of our control.
2. Color or Label Alterations:
* If a product's color changes (e.g., capsule color) or the label fades, we will compare it to our reserved product.
* If our reserved product does not exhibit these issues, no refund will be provided.
* Note that product color can change if the product is exposed to direct sunlight, strong lighting, or heat.
We appreciate your business and are committed to providing you with the highest quality in contract manufacturing services. Understanding our return policy helps us maintain a transparent and trusted relationship with you. If you have any questions or require further clarification regarding our return policy, please do not hesitate to contact us at 469-430-7213.
Thank you for choosing Sequoia Packaging for your contract manufacturing needs.