OEM/ODM contract clauses for CPSIA

Your OEM agreement should state that the US buyer is importer and CPC certifying party, assign CPSC-accepted testing responsibilities, require notice before material changes, and cooperate on recalls — not that the factory “handles Amazon compliance.” Lawyers localize terms; these are the operational points compliance teams need in writing.

Clauses to include

Importer/CPC certifying party is the US entity.
Testing standard baseline and retest triggers.
Golden sample approval before bulk.
No substitution of materials without written approval.
Access to production records for investigations.
Indemnity and recall cooperation (counsel to draft).

Questions people ask

Will factories sign?

Serious OEMs expect compliance language; refusal is a signal.

Does a clause replace testing?

No — it backs up the testing you still must perform.

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