SUPER SENSE 아이패드(I-Pad) OEM 계약서 사례

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SUPER SENSE 아이패드(I-Pad) OEM 계약서 사례에 대한 보고서 자료입니다.

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SUPER SENSE I-Pad OEM 계약서사례

1. License to Manufacture BUYER hereby licenses to ABC the right to manufacture the BUYER\'s products listed on Exhibit A hereto (hereinafter the \"Products\"), subject to final assembly and testing by BUYER as set forth in Section 8 hereof, solely for the following purposes
2. Transfer of Technology.
3. Commencement of Manufacturing.
4. Ordering and Delivery.
5. Price
6, Payment.
7. Minimum Quantity.
8. Product Responsibilities.
9. Warranty.
10. Term and Termination.
11, Confidentiality of Information.
12. Developments and License Bank.
13, Patent Indemnity.
14. U.S Export Laws.
15. Force Majeure.
16. Governing Law.
17. Settlement of Disputes.
18. Assignment and Successors.
19. Notices.
20. Entire Agreement.
21. Severability.

본문내용

es shall be settled before the exclusive jurisdiction of the State or Federal courts located in the county of Santa, California, U.S.A. and the parties hereto do hereby irrevocably consent to the jurisdiction of such courts. Decision rendered by such courts(or the appropriate courts of appeals) shall be valid and enforceable in any court of competent jurisdiction worldwide.
예문은 사법적 절차에 따라 분쟁을 해결토록 되어있으나, 중재에 의하고자 할 경우는 다음과 같은 중재조항을 규정하면 될 것임. 한.미간 중재협정에 의할 경우는 다음과 같이 표현할 수 있을 것이나, 한미간 중재협정에 의할 경우, 중재지 선정의 문제는 당사자간의 중재지합의가 없을 경우는 극히 곤란함으로 중재장소를 미리 규정하여 두거나 혹은 다음과 같은 중재지 관련 합의를 추가할 필요 있음.
" Such arbitration shall be held in Seoul, Korea if BUYER files such demand for arbitration, and XXX, U.S.A if ABC files such demand for arbitration. "
(All disputes, controversies or difference which may arise between the parties, out of or in relation to or in connection with this Agreement, or for the breach thereof, shall be finally, settled by arbitration pursuant to the U.S. Korean Commercial Agreement dated December1, 1974, by which each party hereto it bound.)
18. Assignment and Successors.
Neither party shall be entitled to assign or transfer this Agreement or its rights and obligations hereunder to any other party hereto,provided, however, that either party may assign its rights and obligations pursuant to this Agreement to one or more of its subsidiary companies, provided that the parent company shall remain liable for performance hereunder. This Agreement shall be binding upon and inure to the benefit of the successors in interest of the parties hereto.
19. Notices.
All notices under this Agreement shall be in writing and sent to the parties at the addresses set forth below, by registered air mail(return receipt requested)or by telex(answer back confirmed). Airmail notices shall be deemed received three(3) days after mailing if sent within the United States and seven(7) days after mailing if sent internationally. Telex notices shall be deemed received upon transmission.
If to ABC :
If to BUYER : 본 예문은 기본적으로 발신주의의 입장을 취하고 있으므로, 당사자들은 Notices의 수령 및 관리에 신경을 써야 할 필요성 있음. 따라서, 문서관리 체계가 완벽치 못한 당사자는 도달주의(수신기준)로 바꿀 필요성 있음.
20. Entire Agreement.
This Agreement represents the entire understanding of the parties with respect to the subject matter thereof and supersedes all prior oral and written expressions relating hereto. This Agreement may be amended only in writing signed by both parties. Failure of either party to enforce the terms of this Agreement shall not be deemed a waiver of the right to so enforce said terms.
21. Severability.
In the event that a court or courts holds a nonmaterial term of this Agreement to be unlawful or void, this Agreement shall continue in full force and effect as modified to exclude the void or unlawful term(s) in the jurisdiction(s) where such exclusion is required.
Executed by duly authorized representatives of the parties set forth below to be effective on the date first set forth
BUYER: ABC Co., LTD
By By
Title: Title:

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