Buying from China?

[alcatraz bird]

What is the name of your state (only U.S. law)? Indiana
I've invented a product that can be easily attached to a line of products currently on the market to where it will finally accomplish the task that these other products over the years have attempted to do. I've signed an NDA with the first company on my list that produces one of these products. At present I'm only operating under a Provisional and my attorney's NDA, but I sent them a very professional & cosmetically appealing prototype.

To build the prototype, I had to first purchase their product(only sold on-line), which consists of 4 plastic parts for $15.25. On one prototype, I added an adjustable version with parts I purchased for $3.27. The non-adjustable prototype I built, only required 2 parts for a total of less than $.25 cents. I have a total investment of $18 for the first prototype, and about $15.50 for the 2nd.

While I'm waiting for this American company to get back to me(it's been 3 weeks), I found a Chinese manufacturer on-line that makes their product and will sell to me for $1.13 each and already boxed, but I have to buy $3000. If I do it myself, I'll only have less than a $4.40 investment(plus time) in each of my products. Since the company that I signed the NDA with claims to be a manufacturer of this product, I suspect they only import from this Chinese company and re-sell.

I now realize I can do that myself.

My questions:
1.Can I legally purchase this product from China and change it into my invention when it arrives, or should I contact this Chinese manufacturer and discuss having them manufacture my invention on their product?

2.What kind of legalities am I going to have to go through?

3.Should I wait for a royalty offer from the company that signed the NDA?

Thanks for any responses.
Al

 

[FlyingRon]

There are two many issues here to give you answers. It matters what the scope of the NDA you signed, what the changes are, whether there are patents involved, whether there are trademark issues involved, etc.... I'd recommend a lawyer.

 

[asiny]

There are two many issues here to give you answers. It matters what the scope of the NDA you signed, what the changes are, whether there are patents involved, whether there are trademark issues involved, etc.... I'd recommend a lawyer.

To add onto that- are you including the costs of marketing and trying to sell your product to the stores that the company, you have the NDA with, already have in place? As well as the name of their company and product?

That $4.44 p.p.m. suddenly balloons to a much higher cost- take into consideration that you can't just walk into [insert store name here] and tell them, buy my product- it's the same as X but mine is better.

If you already have company X interested- let the process go through company X... this, of course, really depends on what the product is, what it does, where it is sold and who the market is too.