Shorter product lifecycles creating more losses for OEMs. Engineering change orders can define IP ownership. ODM vendor selection transparency is vital. IT integration can offer significant savings for OEMs.
Following a successful original design manufacturer on-site visit and the decision to engage an ODM, the next step executives must think about is drafting the legal agreement(s). Typically, when working with an electronics manufacturing services (EMS) provider, OEMs only need to put in place a manufacturing service level agreement. (See, also: “Choosing providers: EMS or ODM” and “Manufacturing service level agreement“)
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The process of drafting and reviewing contracts with an ODM is no different than the process with an EMS provider. However, extra time should be allotted to cover negotiations for ODM design and customization plus, other related matters. (See, also: 59 Questions for OEMs to ask ODMs)
For OEM executives choosing to take an ODM-designed product (to, essentially, customize it under the OEM’s own brand) ODM contract service agreements need to include some key points of interest and terminology that cover OEM product design changes; IP ownership, manufacturing rights…
For large ODM programs, it would be wise to also allocate additional time for decisions requiring executives from both ODM and OEM companies to personally meet and finalize arrangements agreed upon.
It is vital to have these executive relationships in place for when OEM programs deviate from standard practice (e.g., requesting overtime during Chinese New Year whereas many ODMs factories are located in China and observe a week-long holiday) having access to / relationships with the most senior ODM executives can make a big difference.
“Whether working with an EMS provider or ODM organization, the convergence for these two types of service providers over the last couple of years – with both expanding their core disciplines and capabilities, reveal several similar characteristics to aid OEMs to achieve total landed cost objectives”, says Larry Schiro, vice president of supply base management with McAfee (www.mcafee.com), a Silicon Valley-based provider of antivirus software and intrusion prevention system solutions.
