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Sizing Agreement

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SIZING AGREEMENT

This Sizing Agreement ("Agreement") is entered into as of by and between:

Client Name:

Provider Name:

WHEREAS

WHEREAS, Client requires sizing services consisting of measurement, sample preparation, and approval testing in connection with Client's product(s), and Provider represents that it has the expertise, personnel, and facilities to perform such services in accordance with the terms of this Agreement.

WHEREAS, Provider will produce sizing deliverables and documentation that specify dimensional tolerances, fit samples, size gradations, and related technical data for the product(s) identified below, subject to the acceptance criteria set forth herein.

WHEREAS, the parties desire to set forth their respective duties, payment terms, and confidentiality obligations with respect to the sizing services to be provided.

SCOPE OF WORK

PAYMENT TERMS

The total fee for the sizing services is USD.

Deposit due upon execution: USD.

Invoices issued by Provider are due within days of invoice date. Late payments shall incur interest at % per month (or the maximum permitted by law), calculated from the original due date until paid in full.

CHANGE ORDERS

Any change to the scope, deliverables, or schedule must be made by written Change Order signed by both parties. Provider will provide Client with a written estimate of additional cost and timing for requested changes. Changes are not effective until accepted in writing by Client and Provider.

Expedited service requested — additional fees may apply and will be specified in a Change Order.

TERM AND TERMINATION

This Agreement commences on the Start Date: and terminates on the End Date: unless earlier terminated as provided below.

Either party may terminate this Agreement for convenience upon days' prior written notice. Either party may terminate for material breach if the breaching party fails to cure such breach within 15 days after written notice of default.

Upon termination, Client will pay Provider for all work performed and reasonable costs incurred through the effective date of termination, including completed deliverables and any accepted Change Orders.

CONFIDENTIALITY

Each party shall treat as confidential all non-public information disclosed by the other party in connection with this Agreement ("Confidential Information"). Confidential Information does not include information that is or becomes public through no fault of the receiving party, is independently developed by the receiving party without reference to Confidential Information, or is rightfully received from a third party without restriction.

The receiving party shall use Confidential Information only for performance under this Agreement and shall not disclose it to third parties except to employees, contractors, or professional advisors who have a need to know and are bound by confidentiality obligations no less protective than those herein. Confidentiality obligations shall survive termination for years.

INTELLECTUAL PROPERTY & DATA

All sizing deliverables expressly prepared for Client pursuant to this Agreement shall be delivered to Client upon payment in full. Provider retains all patentable, trade secret, and proprietary methodology used to perform sizing services, except that Provider hereby grants Client a perpetual, non-exclusive, worldwide license to use the delivered sizing data and specifications for Client's internal manufacture and sale of the specified products.

WARRANTIES; LIMITATION OF LIABILITY

Provider warrants that the sizing services will be performed in a professional manner in accordance with industry standards. EXCEPT AS PROVIDED IN THIS PARAGRAPH, PROVIDER MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

IN NO EVENT SHALL EITHER PARTY'S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT EXCEED THE TOTAL FEES PAID TO PROVIDER UNDER THIS AGREEMENT. Neither party shall be liable for consequential, incidental, indirect, or punitive damages.

GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the State of without regard to conflict of law principles. Exclusive venue for disputes shall be in the state or federal courts located within that State.

ENTIRE AGREEMENT

This Agreement, including all schedules and executed Change Orders, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, understandings, and communications, whether written or oral. No amendment or modification shall be binding unless in writing and signed by both parties.

Client Printed Name:

By:

Date:

Provider Printed Name:

By:

Date:

Enter text✕

What a Sizing Agreement Covers

The Sizing Agreement is a standardized contract that documents the precise measurements, specifications, and acceptance criteria for goods or deliverables between two or more parties. It sets units of measure, tolerances, inspection methods, delivery schedules, and change‑order procedures to reduce ambiguity during production, procurement, installation, or fulfillment. Commonly used in manufacturing, apparel, construction, and equipment procurement, the Sizing Agreement can be executed on paper or electronically and relies on the ESIGN Act (15 U.S.C. ch. 96) and UETA for legal enforceability in most U.S. jurisdictions.

Why a Clear Sizing Agreement Matters

Clearly documenting measurements and acceptance criteria reduces disputes, limits rework, and aligns procurement, quality, and production teams. A well‑crafted Sizing Agreement clarifies responsibilities, supports inspection and warranty processes, and creates objective criteria that can be enforced contractually and through electronic records.

Why a Clear Sizing Agreement Matters

Who Typically Completes a Sizing Agreement

Typical users include procurement managers, project managers, quality engineers, and suppliers who must agree on measurable specifications before production begins.

  • Manufacturing teams aligning production specs with supplier deliverables to avoid rework and rejects.
  • Apparel designers and retailers confirming garment measurements, size grading, and fit tolerances prior to bulk orders.
  • Construction contractors and subcontractors documenting component sizes, installation clearances, and inspection checkpoints.

Smaller businesses and procurement teams also use Sizing Agreements to standardize orders and speed approvals across distributed stakeholders.

Core Sections to Include in the Agreement

Core sections of a Sizing Agreement define parties, item descriptions, measurement methods, tolerances, inspection criteria, and remedies for nonconforming goods.

Parties

List full legal names, entity types, primary addresses, and contact roles; specify authorized signatories and their signing authority to avoid later disputes about who can bind each party.

Scope

Describe each item or deliverable with SKU or part numbers, material specifications, and referenced drawings or attachments; tie descriptions to inspection checkpoints and acceptance criteria to prevent ambiguity.

Measurement Standard

Specify units of measure, measurement points, reference industry standards, and calibrated tools or methods to ensure consistent measurement across suppliers and inspectors.

Tolerances

Define allowable deviation ranges numerically, specify whether tolerances are bilateral or unilateral, and state when deviations trigger rework, rejection, or price adjustments.

Inspection

Set inspection timing, sampling methods, acceptance thresholds, reinspection procedures, who conducts inspections, and documentation required for acceptance or rejection decisions.

Remedies

State remedies for nonconformity such as repair, replacement, price adjustment, or contract termination; include timelines for cure and dispute resolution mechanisms.

Step‑by‑Step: Completing a Sizing Agreement

Follow a concise four‑step process to prepare, verify, and execute the Sizing Agreement to reduce disputes and ensure timely delivery.

  • 01
    Draft Agreement: Compile item specs, tolerances, and drawings.
  • 02
    Collect Measurements: Provide measured values and calibration records.
  • 03
    Agree Tolerances: Negotiate allowable deviations and sign off.
  • 04
    Execute Document: Obtain signatures and distribute fully executed copies.

Typical Digital Workflow Settings

Configure a digital workflow to place required fields, set signer order, and capture inspection attachments for auditability and recordkeeping.

Workflow Field Name and Purpose Configuration | Notes
Signer sequence and role order Sequential signing | Assign QA and supplier roles
Field validation rules and formats Use MM/DD/YYYY, numeric precision | Prevent unit mismatches
Inspection attachment requirements and types Require measurement CSV and photos | Enforce file types PDF/JPG
Notification and reminders schedule settings Send reminders at 3 and 7 days | Escalate to project manager

Digital Execution Flow in Four Steps

Digital execution follows predictable steps: prepare the file, add measurement fields, route for signatures, and preserve an auditable record of acceptance.

  • Upload File: Save final PDF or DOCX to the platform.
  • Place Fields: Add measurement, tolerance, and signature fields.
  • Authenticate Signers: Use email, SMS, or stronger methods.
  • Store Audit Trail: Capture timestamps, IPs, and attachments.

Platform and Technical Requirements

Digital Sizing Agreements require PDF or DOCX support, secure storage, and audit trails; choose platforms that accept attachments and allow conditional fields.

  • File Formats: PDF, DOCX, XLSX supported
  • Integrations: Salesforce, NetSuite, Google Workspace
  • Authentication: Email, SMS, KBA, SSO options

Key Dates and Deadlines to Specify

Agree clear deadlines within the Sizing Agreement to avoid production delays and to define inspection, cure, and acceptance timeframes.

Agreement Effective Date and Start Time:

Enter as MM/DD/YYYY; starts warranty and delivery obligations.

Measurement Submission Deadline and Format:

Provide measured values within 10 business days of sample receipt.

Inspection Completion Window and Notice:

Inspection completed within 5 business days after measurement submission.

Cure Period for Nonconformity and Remedies:

Allow 15 business days to cure identified defects before remedies apply.

Final Acceptance Deadline and Handover:

Final acceptance occurs upon signed inspection report or lapse of 30 days.

Milestone Sequence from Draft to Execution

Key milestones show the sequential lifecycle from drafting to final execution and serve as checkpoints for quality control and approvals.

01

Drafting and Specification

Create initial document with drawings and tolerances.

02

Internal Review and Approval

QA and procurement approve specifications and pricing.

03

Measurement Verification

Supplier submits measurement reports and calibration records.

04

Final Execution and Distribution

Signatures obtained and executed copies distributed to stakeholders.

Common Preparation Pitfalls to Avoid

  • Using inconsistent measurement units or failing to specify units leads to miscommunication, production errors, and costly rework when suppliers interpret dimensions differently.
  • Vague or missing tolerances cause disputes over acceptability, resulting in inspection delays, rejections, and interrupted delivery schedules that affect downstream operations.
  • Failing to name authorized signers or omitting signatory titles can invalidate approvals and create enforceability problems during contract disputes or invoice processing.
  • Not attaching method statements, drawings, or calibration certificates removes objective evidence for acceptance and increases the likelihood of litigation or arbitration.

Primary Risks and Contract Consequences

Rejection Costs: Additional manufacturing expense
Delivery Delays: Schedule impacts and liquidated damages
Warranty Claims: Extended repair or replacement obligations
Payment Withholding: Buyer may withhold payment
Contract Termination: Right to terminate for breach
Dispute Expenses: Legal and arbitration fees

eSignature Vendor Comparison for Sizing Agreement Execution

A concise vendor comparison shows typical starting prices, trial availability, bulk send, audit trails, HIPAA compliance, and envelope limits for common eSignature providers.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial 7-day free trial Varies by plan Varies by plan Varies by plan Varies by plan
Bulk Send Yes Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No
Envelope Cap No cap 100 envelopes/user/year Varies by plan Varies by plan Varies by plan

Frequently Asked Questions About Sizing Agreements

Answers to common questions about execution, electronic signatures, corrections, notarization, retention, and dispute handling for Sizing Agreements in U.S. contexts.


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