This Manufacturing and Supply Agreement (“Agreement”) is entered into on _____ between Hero Time Limited (“The Manufacturer”) and _____ , the Game Creator / Publisher (“The Publisher”).
Whereas, The Publisher is interested in manufacturing their game _____ (“The Game”) and wishes to engage The Manufacturer’s services for this purpose.
This Agreement applies solely to the specific print run of The Game. Both The Publisher and The Manufacturer may make changes or adjustments for future print runs based on continued cooperation.
The Manufacturer provides a range of services related to game production. The Publisher intends to utilize the following services (please tick all that apply):
Manufacturing
Safety Testing
IP Protection – Chinese Design Patent
Shipping
One-Time Fulfillment (for Kickstarter and presales)
Storage in China
The terms and conditions governing each of these services are outlined as follows:
The Manufacturer agrees to produce ____________ units of The Game for The Publisher, in accordance with their mutual agreement. This constitutes print run number _____ of the game.
The specifications of The Game are listed in the quotation sheet provided by The Manufacturer and confirmed by The Publisher. It is The Publisher’s responsibility to verify and approve the quotation prior to production.
The Publisher may revise the quotation until raw materials have been purchased. Once purchased, any change may incur additional costs.
While The Manufacturer advises The Publisher on components, processes, materials, and sizes (“specifications”), if any specification proves unfeasible during mass production due to unforeseen limitations, The Manufacturer shall bear no financial penalty. Any required changes and related costs will be renegotiated to both parties’ satisfaction. Even if a game sample or pre-production sample appears satisfactory, limitations may still occur during mass production.
If the parties cannot reach agreement, The Manufacturer shall refund The Publisher’s deposit in full, less the cost of raw materials already purchased.
The Manufacturer commits to maintaining a high level of print, gluing, cutting, and assembly quality, using the construction standards (GSM, weight, and material quality) specified in the quotation sheet.
While The Manufacturer adheres to high production standards, The Publisher should account for minor tolerances affecting up to _______ games.
These minor defects, typically unnoticed by end consumers but detectable to publishers, may include:
Scratches on some cards
Minor white spots on cards over 1mm
Cutting errors over 3mm (0.12 in)
Thin 0.15mm (0.01 in) white lines on card edges
Imperfect punch-out of tokens
Gluing margins above 5mm (0.2 in)
Minor glue splashes on boxes, boards, or glued components
Stretch marks from lamination or varnish burns
Such issues do not affect gameplay and are rarely noticed by end users. However, if verified end-customer complaints arise, The Manufacturer shall refund The Publisher for the affected sets and related shipping costs upon proof (photos and customer feedback).
If errors exceed the acceptable quantity, The Manufacturer will reprint and send replacement components. The Publisher is responsible for unpacking, replacing, and re-shrink-wrapping the games.
If a component defect affects gameplay across all units, The Manufacturer will provide replacement components free of charge using the same shipping method.
Replacement eligibility is limited to six months from the date The Publisher receives the goods.
The Publisher must follow The Manufacturer’s print-preparation guidelines and tutorials. If files are not prepared according to these guidelines, The Manufacturer bears no responsibility for resulting print issues.
The Manufacturer offers optional file setup services. If The Publisher uses this service, The Manufacturer assumes responsibility for color accuracy within reasonable limits.
The Publisher acknowledges that:
Games with rich colors (over 160% CMYK) or large solid areas (over 4×4 cm) are more prone to print variations.
Colors may vary up to 20% between samples and mass production (especially blue, purple, and brown).
Even with The Manufacturer’s setup, color variation may occur between materials or print processes (cards, tokens, etc.).
If a major print issue occurs in games where The Manufacturer handled file setup, reprints of the affected components will be provided.
The Manufacturer aims to automate production to reduce errors.
Orders under 2,000 sets: 60-day lead time.
Orders over 2,000 sets: up to 35 days, unless otherwise stated in the quotation sheet.
Lead time begins once the deposit is received and artwork is approved for print.
If The Publisher requests expedited production, The Manufacturer is not liable for resulting quality issues.
If unnotified delays occur:
Up to 10 working days: game given top production priority.
Up to 30 working days: 2% of the order shipped by faster method.
Over 30 working days: 10% shipped faster or a 10% refund.
These timelines exclude Chinese public holidays.
The agreed price stated in the quotation remains fixed unless circumstances outlined above change.
Future quotations depend on material and labor costs at the time. Prices are binding only within the same fiscal quarter.
The Manufacturer will make every effort to deliver the agreed quantity. Due to quality control and print dynamics, final counts may slightly exceed or fall short of the target.
The Publisher shall not pay for excess units. If under-delivered, The Manufacturer will refund the shortfall.
Standard payment terms are 50% deposit before production and 50% upon completion and prior to shipping, unless otherwise specified in the invoice.
Products intended for children under the age of 14 must comply with the safety regulations of their target market. Safety testing covers the game’s physical characteristics, flammability, chemical composition, and labeling requirements.
The Manufacturer uses materials that meet all standard chemical, flammability, and safety requirements, as evidenced in its materials test report, and provides detailed labeling guidelines for The Publisher’s reference.
If The Publisher requests a specific safety test issued in their company’s name and associated with their game, The Publisher shall bear the full cost of that testing.
In the event of issues arising at customs or with retailers concerning safety certification, The Manufacturer will only be held responsible if The Publisher has paid for and obtained the relevant safety certificates. If The Publisher elects not to test the game, all resulting liabilities remain solely with The Publisher.
The Manufacturer shall not disclose any files, artwork, or technical information related to The Game to any party outside of The Manufacturer’s supply chain, regardless of whether a Non-Disclosure Agreement (NDA) has been signed.
All game designs, components, artwork, rules, and art files remain the exclusive property of The Publisher and shall be provided to The Publisher upon request. Accordingly, The Publisher is not bound to The Manufacturer for future print runs and may choose another manufacturer at their discretion.
If The Game achieves commercial success and is copied or sold by other Chinese manufacturers, The Manufacturer shall not be held liable. However, The Manufacturer will make reasonable efforts to assist The Publisher in preventing or stopping counterfeit production.
If The Publisher wishes to secure formal protection against counterfeiters, The Manufacturer may assist in obtaining a Chinese design patent for an additional fee specified in the quotation system.
The design patent application will be submitted one month after production is completed and typically registered within eight months. During this period, if either party identifies counterfeit activity, The Manufacturer will take prompt action to help cease the infringement.
The Publisher may choose one of the following shipping terms:
EXW (Ex Works): The Publisher is responsible for all shipping costs and logistics from the factory.
FOB (Free on Board): The Manufacturer will inform The Publisher of the trucking cost to the designated Chinese port after production is completed.
CIF, DDP, or DDU: The Manufacturer will provide a shipping estimate prior to quotation confirmation and finalize the price after mass production.
If shipment occurs within 35 days of quotation confirmation, the final shipping cost should not vary by more than 20% from the initial estimate. Should the increase exceed this margin, The Manufacturer and The Publisher will each bear 50% of the additional cost.
Under DDP and DDU terms, The Manufacturer is responsible for delivery and customs clearance. If the shipment fails to clear customs, The Manufacturer will provide a full refund for the goods.
For all other shipping terms, customs clearance is the responsibility of The Publisher. While The Manufacturer will provide reasonable assistance, it shall not be held liable for any resulting losses.
The Publisher shall receive the goods according to the shipping method and terms stated in the invoice.
The Manufacturer maintains an extensive international supply chain. If The Publisher requires global fulfillment assistance, The Manufacturer can ship games DDP (including all duty and VAT) to distribution centers in the US, UK, EU, Canada, and Australia, from which the games can be dispatched to end customers or backers.
This one-time fulfillment service is intended for crowdfunding or presale projects (e.g., Kickstarter) where there is a defined list of customers awaiting delivery. It does not constitute an ongoing or long-term fulfillment arrangement for e-commerce operations.
All games shipped within the same regional zone (e.g., EU to EU) will be VAT-free.
The Manufacturer’s responsibility is limited to shipping the games to the designated distribution center and ensuring customs clearance and VAT compliance. The delivery of games from the distribution center to individual customers/backers shall be handled by The Publisher and the distribution center, unless otherwise agreed in writing in the quotation sheet.
Prices quoted by The Manufacturer for fulfillment to end customers are estimates and may include a buffer for cost fluctuations. Final rates will be settled directly between The Publisher and the distribution center but should not exceed 10% above The Manufacturer’s initial estimate.
If fulfillment costs rise by more than 10%, The Manufacturer will investigate the cause and work toward a mutually acceptable solution. If no agreement is reached, The Manufacturer will cover 50% of the additional cost.
After the one-time fulfillment is completed, The Publisher may choose to continue working directly with the distribution center for ongoing e-commerce fulfillment. The Manufacturer will not be involved in or responsible for any subsequent arrangements.
For publishers who wish to store games in China—either to increase production quantity, reduce costs, or allow time to arrange long-term storage—The Manufacturer offers warehousing facilities. The Manufacturer agrees to store the merchandise on behalf of The Publisher.
Once The Publisher confirms a new delivery destination, The Manufacturer will arrange shipment to that location. The shipping cost will be recalculated based on current global rates at the time of dispatch. The original shipping prices stated in the quotation sheet will not apply to these later shipments.
Storage fees are as follows:
First month: Free of charge
First quarter (3 months) after the free month: USD 90 per CBM (cubic meter) or part thereof
Second to fourth quarter: USD 180 per CBM or part thereof
Over one year: USD 200 per CBM or part thereof
Payments are due quarterly, in advance, at the beginning of each quarter or part thereof.
A. Scratches on some cards
B. Some minor spots of white on cards over 1mm
C. Cutting errors over 3mm (about 0.12 in) on components
D. Thin 0.05mm (about 0.01 in) white lines on the side of cards
E. Imperfect punchout of tokens
F. Gluing margins above 5mm (about 0.2 in)
G. Minor splashes of glue on box, board, and other glued components
H. Stretch marks of lamination or oil varnish burns
– Hersh (Founder of Hero Time)
– Hersh (Founder of HeroTime)
– Hersh (Founder of HeroTime)
– Hersh (Founder of HeroTime)
– Hersh (Founder of HeroTime)
– Hersh (Founder of HeroTime)
– Hersh (Founder of HeroTime)
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