Packaging Agreement: Definition, Example
Jump to Section
What is a Packaging Agreement?
A packaging agreement is a contract between a seller and a packaging company that procures packaging, assembling, kitting and warehouse services. When companies don't have the staff or resources at their disposal to do their own in-house packaging and other related services, it's necessary to bring in a third party. The packaging agreement creates an avenue for this relationship to exist in a way that protects both parties from harm. The contract includes details about what services are being procured, compensation, payment schedules, and more.
The purpose of the packaging agreement is to set specific terms and conditions that apply to the working relationship. It ensures that both parties understand and agree to the terms within before signing.
Packaging Agreement Sample
Exhibit 10.26
Certain information identified by [***] has been excluded from this exhibit because it is both not material and is the type that the registrant treats as private or confidential.
AMENDMENT
TO
COMMERCIAL PACKAGING AGREEMENT
THIS AMENDMENT TO COMMERCIAL PACKAGING AGREEMENT (this “Amendment”) is effective as of January 14, 2019, by and among Clarus Therapeutics, Inc., a Delaware corporation, with a place of business at 555 Skokie Blvd., Suite 340, Northbrook, IL 60062 (“Client”), and Packaging Coordinators, LLC, a Delaware limited liability company, doing business as PCI of Philadelphia and PCI of Woodstock, with a place of business at 3001 Red Lion Road, Philadelphia, Pennsylvania 19114, USA (“PCI”). PCI and Client are sometimes collectively referred to herein as the “Parties”.
WHEREAS, Client and PCI are parties to that certain Commercial Packaging Agreement dated as of June 26, 2014 (the “Agreement”). Capitalized terms used but not defined herein shall have the meanings ascribed to them in the Agreement.
WHEREAS, pursuant to Section 18.1 of the Agreement, the Agreement may be amended by written amendment signed by each of the Parties; and
WHEREAS, the Parties desire to amend the Agreement as set forth herein;
NOW, THEREFORE, PCI and Client, each intending to be legally bound hereby, agree as follows:
1. Section 4.1. Section 4.1 shall be amended and restated to read in its entirety as follows:
“4.1 Requirements. During the Initial Term, Client shall purchase [***] of its requirements for Packaging of the Bulk Product from PCI; provided that (i) such obligation shall cease upon [***] (the “Exclusivity Requirement”) and (ii) such obligation shall terminate in the event that PCI cannot meet the requirements set forth in any Purchase Orders supplied to PCI by Client in accordance with this Agreement.”
2. Section 16.1. Section 16.1 shall be amended and restated to read in its entirety as follows:
“16.1 Term. This Agreement shall continue until December 31, 2021 (the “Initial Term”), unless earlier terminated in accordance with Section 16.2 (as may be extended in accordance with this Section, the “Term”). The Term shall automatically be extended for successive one -year periods unless and until one party gives the other party at least one year prior written notice of its desire to terminate as of the end of the then-current Term.”
3. Section 16.2(c). Client and PCI agree that neither party may terminate the Agreement under Section 16.2(c) prior to satisfaction of the Exclusivity Requirement.
4. Miscellaneous.
4.1 All references to the Agreement in any documents and instruments executed by the Parties in connection with the Agreement shall be deemed to refer to the Agreement as the same has been amended through the date hereof, and as the same may be amended in the future.
4.2 This Amendment may be executed in one or more counterparts, each of which will be deemed an original but all of which together will constitute one and the same instrument. Any photocopy, facsimile or electronic reproduction of the executed Amendment shall constitute an original.
4.3 Except as expressly amended hereby, all of the terms and provisions of the Agreement shall remain in full force and effect and are hereby ratified and confirmed in every respect.
4.4 This Amendment shall be governed by and construed under the laws of Commonwealth of Pennsylvania, excluding its conflicts of law provisions that would apply the laws of any other jurisdiction.
[SIGNATURE PAGE FOLLOWS]
IN WITNESS WHEREOF, the undersigned have caused this Amendment to be executed as of the date first written above.
| PACKAGING COORDINATORS, LLC | CLARUS THERAPEUTICS, INC. | |||
| By: | /s/ Philip Diabiacomo | By: | /s/ Robert E, Dudley | |
| Name: | Philip Diabiacomo | Name: | Robert E, Dudley | |
| Its: | Senior VP of Sales and Marketing | Its: | President and CEO | |
Reference:
Security Exchange Commission - Edgar Database, EX-10.26 12 fs42021a1ex10-26_bluewater.htm FIRST AMENDMENT TO COMMERCIAL PACKAGING AGREEMENT, DATED JANUARY 14, 2019, BY AND BETWEEN CLARUS THERAPEUTICS, INC. AND PACKAGING COORDINATORS, LLC, Viewed September 27, 2022, View Source on SEC.
Who Helps With Packaging Agreements?
Lawyers with backgrounds working on packaging agreements work with clients to help. Do you need help with a packaging agreement?
Post a project in ContractsCounsel's marketplace to get free bids from lawyers to draft, review, or negotiate packaging agreements. All lawyers are vetted by our team and peer reviewed by our customers for you to explore before hiring.
ContractsCounsel is not a law firm, and this post should not be considered and does not contain legal advice. To ensure the information and advice in this post are correct, sufficient, and appropriate for your situation, please consult a licensed attorney. Also, using or accessing ContractsCounsel's site does not create an attorney-client relationship between you and ContractsCounsel.
Meet some of our Packaging Agreement Lawyers
Christina S.
I am an attorney who has been practicing for over a decade, experienced in multiple areas of law, both from a litigation and more procedural side. The great thing about my practice is that it has trained me to deal with so many different types of problems and to find solutions in a variety of legal scenarios that are almost never similar.
"Christina was prompt and friendly and walked me through the steps I needed to take to file for my name change! She made the process much less intimidating and I highly recommend her services."
Dean F.
Ferraro Law Firm was founded by Dean C. Ferraro. Dean earned his Bachelor's Degree from California State Polytechnic University, Pomona ("Cal Poly Pomona") in 1992 and his J.D. Degree from the University of Mississippi School of Law ("Ole Miss") in 1996. He is licensed to practice law in the State Courts of Colorado, Tennessee, and California. Dean is also admitted to practice before the United States District Courts of Colorado (District of Colorado), California (Central District), and Tennessee (Eastern District). Shortly after earning his law license and working for a private law firm, Dean joined the District Attorney's office, where he worked for five successful years as one of the leading prosecuting attorneys in the State of Tennessee. After seven years of practicing law in Tennessee, Dean moved back to his birth state and practiced law in California from 2003-2015. In 2015, Dean moved with his family to Colorado, practicing law in beautiful Castle Rock, where he is recognized as a highly-effective attorney, well-versed in many areas of law. Dean's career has entailed practicing multiple areas of law, including civil litigation with a large law firm, prosecuting criminal cases as an Assistant District Attorney, In-House Counsel for Safeco Insurance, and as the founding member of an online law group that helped thousands of people get affordable legal services. Pursuing his passion for helping others, Dean now utilizes his legal and entrepreneurial experience to help his clients in their personal and business lives. Dean is also a bestselling author of two legal thrillers, Murder in Santa Barbara and Murder in Vail. He currently is working on his next legal thriller, The Grove Conspiracy, set to be published in 2023.
"I would highly recommend Contract Counsel to friends or family. I received bids relatively quickly and was able to find the best fit for my situation."
Jason P.
Jason is a self-starting, go-getting lawyer who takes a pragmatic approach to helping his clients. He co-founded Fortify Law because he was not satisfied with the traditional approach to providing legal services. He firmly believes that legal costs should be predictable, transparent and value-driven. Jason’s entrepreneurial mindset enables him to better understand his clients’ needs. His first taste of entrepreneurship came from an early age when he helped manage his family’s small free range cattle farm. Every morning, before school, he would deliver hay to a herd of 50 hungry cows. In addition, he was responsible for sweeping "the shop" at his parent's 40-employee HVAC business. Before becoming a lawyer, he clerked at the Lewis & Clark Small Business Legal Clinic where he handled a diverse range of legal issues including establishing new businesses, registering trademarks, and drafting contracts. He also spent time working with the in-house team at adidas® where, among other things, he reviewed and negotiated complex agreements and created training materials for employees. He also previously worked with Meriwether Group, a Portland-based business consulting firm focused on accelerating the growth of disruptive consumer brands and facilitating founder exits. These experiences have enabled Jason to not only understand the unique legal hurdles that can threaten a business, but also help position them for growth. Jason's practice focuses on Business and Intellectual Property Law, including: -Reviewing and negotiating contracts -Resolving internal corporate disputes -Creating employment and HR policies -Registering and protecting intellectual property -Forming new businesses and subsidiaries -Facilitating Business mergers, acquisitions, and exit strategies -Conducting international business transactions In his free time, Jason is an adventure junkie and gear-head. He especially enjoys backpacking, kayaking, and snowboarding. He is also a technology enthusiast, craft beer connoisseur, and avid soccer player.
"Very nice! Great on responding back and being available! Recommend 100% !"
November 2, 2022
Maigan W.
Maigan is a registered nurse and attorney with tech, start-up, and blockchain legal experience. Maigan acted as general counsel for a software-as-a-service company for three years. Maigan has a unique understanding of crypto and smart contracts. As a registered nurse, Maigan is in a unique position to understand health law issues and graduated with a concentration in health law distinction. Maigan is happy to help you create a business entity, draft and negotiate contracts and agreements, apply for trademarks, draft terms of service and privacy notices, assist with fundraising, and act as a consultant for other attorneys looking for someone who understands blockchian/crypto. Maigan speaks conversational Spanish.
November 2, 2022
David W.
Founder David W. Weygandt, the Singing Lawyer, is passionate about helping families and businesses stay in tune with what they care about and avoid conflict. When injustice has been done, David is proud to stand up to the modern Goliath and vindicate your rights on your behalf. David lives and practices law in The Woodlands, Texas, and assists clients all across Texas.
Ari G.
Ari is a transactional attorney with substantial experience serving clients in regulated industries. He has worked extensively with companies in regulated state cannabis markets on developing governance documents (LLC operating agreements, corporate bylaws, etc...), as well as drafting and negotiating all manner of business and real estate contracts.
January 24, 2023
Jessica F.
I'm a knowledgable and experienced New York licensed attorney with strong contract drafting and negotiation skills, a sophisticated business acumen, and a background working in entertainment and technology law.
Find the best lawyer for your project
Browse Lawyers Now
Quick, user friendly and one of the better ways I've come across to get ahold of lawyers willing to take new clients.
View Trustpilot ReviewHow It Works
Business lawyers by top cities
- Austin Business Lawyers
- Boston Business Lawyers
- Chicago Business Lawyers
- Dallas Business Lawyers
- Denver Business Lawyers
- Houston Business Lawyers
- Los Angeles Business Lawyers
- New York Business Lawyers
- Phoenix Business Lawyers
- San Diego Business Lawyers
- Tampa Business Lawyers
Packaging Agreement lawyers by city
- Austin Packaging Agreement Lawyers
- Boston Packaging Agreement Lawyers
- Chicago Packaging Agreement Lawyers
- Dallas Packaging Agreement Lawyers
- Denver Packaging Agreement Lawyers
- Houston Packaging Agreement Lawyers
- Los Angeles Packaging Agreement Lawyers
- New York Packaging Agreement Lawyers
- Phoenix Packaging Agreement Lawyers
- San Diego Packaging Agreement Lawyers
- Tampa Packaging Agreement Lawyers
Contracts Counsel was incredibly helpful and easy to use. I submitted a project for a lawyer's help within a day I had received over 6 proposals from qualified lawyers. I submitted a bid that works best for my business and we went forward with the project.
View Trustpilot Review
I never knew how difficult it was to obtain representation or a lawyer, and ContractsCounsel was EXACTLY the type of service I was hoping for when I was in a pinch. Working with their service was efficient, effective and made me feel in control. Thank you so much and should I ever need attorney services down the road, I'll certainly be a repeat customer.
View Trustpilot Review
I got 5 bids within 24h of posting my project. I choose the person who provided the most detailed and relevant intro letter, highlighting their experience relevant to my project. I am very satisfied with the outcome and quality of the two agreements that were produced, they actually far exceed my expectations.
View Trustpilot Review