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My name is Natalie. I'm from a wheelchair factory in China and currently we are facing a trouble with some European customers.
These days, few European customers are requesting us to sign OEM/ODM agreements with them. Specially one German customer who sent us an OEM agreement few days ago, claiming that we must sign for them, otherwise the German government won't let them sell our products in their market (situation which is happening in all Europe => according to their statement). The fact is, our commercial relationship with this customer is not OEM but ODM (we own our designs and we manufacture their products with their brand). The content of their agreement is outrageous since it only protects their rights and not ours, not mentioning that they intent to encroach our designs as theirs. The CEO explained to me that, the original agreement was provided by the government and they only made some few modifications to it. Actually, considering the unreasonable content of this agreement, we have no intentions of signing it unless it is modified to our acceptable version, since any agreement with signature and company stamp is legally effective in any country, we are forced to be extremely careful about this. However, since our other customers are also requesting us to sign similar agreements at the same time, my question is, is Europe really requesitng all the sellers to have this OEM agreement in order to sell import products in Europe market? I can't find any related documentation or news on the internet which could prove the German customer's statement, but I can't also find something which could prove them wrong.
Please help... We need to clarify all these doubts before being able to discuss again with them about this agreement.
Thanks a lot for reading my message and I would really appreciate if someone could provide assistance for this matter.
Thank you!
These days, few European customers are requesting us to sign OEM/ODM agreements with them. Specially one German customer who sent us an OEM agreement few days ago, claiming that we must sign for them, otherwise the German government won't let them sell our products in their market (situation which is happening in all Europe => according to their statement). The fact is, our commercial relationship with this customer is not OEM but ODM (we own our designs and we manufacture their products with their brand). The content of their agreement is outrageous since it only protects their rights and not ours, not mentioning that they intent to encroach our designs as theirs. The CEO explained to me that, the original agreement was provided by the government and they only made some few modifications to it. Actually, considering the unreasonable content of this agreement, we have no intentions of signing it unless it is modified to our acceptable version, since any agreement with signature and company stamp is legally effective in any country, we are forced to be extremely careful about this. However, since our other customers are also requesting us to sign similar agreements at the same time, my question is, is Europe really requesitng all the sellers to have this OEM agreement in order to sell import products in Europe market? I can't find any related documentation or news on the internet which could prove the German customer's statement, but I can't also find something which could prove them wrong.
Please help... We need to clarify all these doubts before being able to discuss again with them about this agreement.
Thanks a lot for reading my message and I would really appreciate if someone could provide assistance for this matter.
Thank you!