Terms & Conditions

1. Overview & Agreement Scope

Welcome to OEM Company Malaysia. These Terms and Conditions govern all commercial transactions, contract manufacturing agreements, research and development (R&D) consultations, private label product formulations, and global export operations provided by OEM Company Malaysia to international buyers, distributors, brand owners, and business entities.

By engaging our OEM (Original Equipment Manufacturing), ODM (Original Design Manufacturing), or Private Label services, you agree to comply with and be legally bound by the terms outlined herein. These guidelines ensure full operational transparency, regulatory compliance, quality guarantee, and robust protection of intellectual property rights for all global clients.

2. Intellectual Property & Custom Formulation Ownership

Protecting client brand identity and proprietary formulations is a core priority at OEM Company Malaysia. Intellectual Property (IP) rights and formulation ownership are structured as follows:

• Client-Owned IP: All pre-existing trademarks, logos, brand assets, packaging designs, and proprietary formulations supplied directly by the client remain 100% the sole property of the client.
• In-House Formulations (OEM Standard): Standard catalog formulations provided by OEM Company Malaysia remain our intellectual property unless explicitly transferred or licensed to the buyer under a written master service contract.
• Custom Formulations (ODM): Custom formulation development commissioned by the client shall be exclusively produced for the client upon full payment of agreed formulation fees and completion of initial production runs.
• Non-Disclosure & Confidentiality: We execute formal Non-Disclosure Agreements (NDAs) prior to discussing custom ingredient profiles, active concentrations, or market launching strategies.

3. Quality Assurance, GMP & Regulatory Compliance

OEM Company Malaysia operates state-of-the-art manufacturing facilities adhering strictly to international quality and safety management systems, including Good Manufacturing Practice (GMP), ISO 22716 / ISO 9001, and Halal certification guidelines regulated by Malaysian authorities (JAKIM/NPRA).

Client Responsibilities for Local Registration:

While OEM Company Malaysia provides full regulatory documentation (Product Information Files, SDS, Certificates of Origin, Halal Certificates), clients are responsible for obtaining product registration or notification from their respective local regulatory authorities (e.g., US FDA, EU CPNP, ASEAN Cosmetic Directive compliance).

4. Minimum Order Quantities (MOQ), Quotations & Payment Terms

To deliver competitive manufacturing pricing while maintaining stringent quality control, minimum order quantities apply depending on product category, packaging specifications, and custom active requirements:

• Quotations: Formal commercial quotations remain valid for 30 calendar days from the issue date, subject to raw material price fluctuations and currency conversion adjustments.
• Production Minimums: Standard MOQs for cosmetics, skincare, dietary supplement capsules/tablets, and cleaning products are specified per product line during preliminary quotation stage.
• Payment Terms: Standard international trade payment terms require a 50% advance deposit upon order confirmation and artwork approval, with the remaining 50% balance payable prior to factory dispatch or shipment under agreed Incoterms (FOB, CIF, EXW).

5. Packaging, Production Lead Times & Global Logistics

Efficient production scheduling and international shipping logistics ensure on-time delivery for global distribution networks:

• Lead Times: Initial production orders typically require 4 to 8 weeks following artwork approval and raw material procurement. Repeat re-orders are expedited within 3 to 5 weeks.
• Client-Supplied Packaging: If the client supplies external packaging materials or specialized containers, materials must arrive at our facility 14 days prior to scheduled production and pass internal compatibility inspection.
• Export Freight & Insurance: Cargo shipping risks, export documentation, and customs duties are determined according to agreed Incoterms stated on the Commercial Invoice.

6. Product Inspection, Claims & Returns Policy

We take pride in maintaining zero-defect production standards. In the event of discrepancy or quality concerns upon delivery:

• Inspection Period: The buyer must inspect delivered cargo within 14 business days of arrival at destination port or facility.
• Filing Claims: Quality claims or transit damage notifications must be submitted in writing along with photographic evidence, batch numbers, and third-party inspection reports where applicable.
• Remediation: Verified defective items caused by manufacturing errors will be replaced or credited promptly by OEM Company Malaysia without additional manufacturing cost to the client.

7. Governing Law & Dispute Resolution

These Terms and Conditions shall be governed by and construed in accordance with the laws of Malaysia. Any dispute, controversy, or claim arising out of or relating to contract manufacturing agreements that cannot be resolved amicably shall be submitted to the jurisdiction of the courts of Malaysia or resolved through recognized international arbitration centres.