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Tina
Tina, Lawyer
Category: Legal
Satisfied Customers: 8775
Experience:  JD, BBA Over 25 years legal and business experience.
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I need an indemnity agreement created. I own a sunglass

Customer Question

I need an indemnity agreement created. I own a sunglass company, purchase product from suppliers in USA, and resell them on a website. I need to not be held responsible if there are patents on the sunglasses that they are supplying me.
JA: What's the invention's purpose?
Customer: sunglasses
JA: Has anything been filed or reported?
Customer: Yes I've received notification from Oakley that one of the models may infringe on a patent
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Submitted: 1 month ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 month ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Expert:  Law Educator, Esq. replied 1 month ago.

Here is the problem you have in that these agreements have limited protection because if your distributor is out of the US, pursuing them to indemnify you could be virtually impossible and in that event the court would hold you liable and then it would be your burden to get the distributor to pay you back for anything you must pay.

While we cannot draft the whole contract for you, we can provide you the language you would use for the indemnification agreement if you would like us to do that for you? Let us know.

Customer: replied 1 month ago.
The distributor IS in the USA
Expert:  Law Educator, Esq. replied 1 month ago.

Thank you for the additional information.

I can provide you the information on an indemnification clause, but cannot write the contract for you, I am afraid you would have to insert it into your contract with the distributor yourself, is that sufficient for you?

Customer: replied 1 month ago.
I don't even know what that means. I need something written that I can have my supplier sign. Can you do that or not do that?
Expert:  Law Educator, Esq. replied 1 month ago.

I thought I was pretty clear initially, we cannot represent you or anyone else which means we cannot write contracts for you. We can give you the language for you to write your own contract, but you want a $500 contract written by us ready to use and that we are forbidden by state law from doing.