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Document Preview Manufacturing Services and Supply Agreement |
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Title: |
Manufacturing Services and Supply Agreement |
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Entities: |
Powerwave Technologies Inc.; Venture Corporation Limited; Powerwave Technologies Inc. |
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Date: |
2003 |
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Size: |
Preview shows 25KB of 81KB total |
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Price: |
$42 |
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ID: |
#130160 |
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CONFIDENTIAL PORTIONS OMITTED
MANUFACTURING SERVICES AND SUPPLY AGREEMENT
BETWEEN
VENTURE CORPORATION LIMITED
AND
POWERWAVE TECHNOLOGIES, INC.
** INDICATES THAT CONFIDENTIAL PORTIONS ARE OMITTED AND FILED SEPARATELY WITH THE COMMISSION
1
TABLE OF CONTENTS
Section
Recitals
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1. |
Definitions | |
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2. |
Master Purchase Agreement/Purpose | |
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3. |
Scope of Services/Operating Model | |
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4. |
Term and Termination | |
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5. |
Nature of Agreement/Forecasts | |
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6. |
Ordering Process for Discreet Purchase Orders | |
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7. |
Shipping and Packing and Risk of Loss | |
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8. |
Quality Control and Inspection | |
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9. |
Non-Conforming Products, RMA Returns | |
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10. |
Warranties and Epidemic Failures | |
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11. |
Prices, Payment Terms, Invoicing | |
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12. |
Changes | |
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13. |
Weekly Releases, Rescheduling, Flexibility, Delivery Delays, and Performance | |
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14. |
Cancellation, Excess and Obsolete Materials | |
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15. |
New Product Introduction | |
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16. |
Tooling and Consigned Equipment | |
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17. |
IT Systems Support | |
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18. |
Strategic Suppliers and Approved Vendors | |
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19. |
Disaster Recovery Plan | |
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20. |
Force Majuere | |
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21. |
Industrial Property Rights | |
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22. |
Publicity | |
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23. |
Insurance | |
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24. |
Confidential Information | |
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25. |
Indemnification | |
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26. |
Limitations of Liability | |
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27. |
Governmental Compliance | |
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28. |
Miscellaneous |
List of Exhibits.
2
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A |
Product Attachment | |
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B |
Quality Plan | |
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C |
Long Lead Time and NCNR Materials | |
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D |
NPI Procedures | |
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E |
Disaster Recovery Plan |
3
Manufacturing Services and Supply Agreement
This Manufacturing Services and Supply Agreement (the Agreement) is entered into this 13th day of January, 2003 by and between Powerwave Technologies, Inc. (Powerwave or Buyer) and Venture Corporation Limited (Seller or Venture.)
Recitals
A. WHEREAS, Seller is engaged in contract manufacturing of electronic products that have applications in commercial markets. Seller desires to manufacture, test and deliver and service on behalf of Powerwave the Products described in this Agreement.
B. WHEREAS, Powerwave desires to purchase the Products manufactured by Seller specifically for Powerwave pursuant to the terms and conditions of this Agreement.
C. WHEREAS, Powerwave is relying upon Sellers stated expertise and experience in providing services related to the manufacture, assembly, testing and delivery of high quality complex electronic assemblies.
D. WHEREAS, to avoid repetitive negotiations, the parties desire to enter into this Agreement establishing the terms and conditions which will be applicable to the contract manufacturing services to be provided by Seller.
NOW THEREFORE, in consideration of the mutual promises hereinafter set forth, the parties agree as follows:
1. Definitions.
A. Material shall mean any components and other materials comprising or comprised in Products.
B. Product means the printed circuit boards and other items listed on Exhibit A hereto (Product Attachment.)
C. Order or Purchase Order means a single purchase order or blanket purchase order submitted by Powerwave to Seller, subject to the terms of this Agreement.
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