Do NDA's carry past 1st shop?
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  1. #1
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    Default Do NDA's carry past 1st shop?

    So say I send a print to shop 1 that we have a nda with, they need something
    subbed out. Would your nda with shop 1 cover both or would shop 1 have to get
    an nda to shop 2 3 ect. And if they didn't would you still be covered or have
    recourse if shop 2 3 ect used proprietary info?

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    If shop 1 sends it to Shop 2, they are in violation of your NDA.

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    Wow. If you have an NDA, then you obviously have lawyers. Put your big boy pants on.

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    Quote Originally Posted by awander View Post
    If shop 1 sends it to Shop 2, they are in violation of your NDA.
    That's a pretty good summary, but I'd add "without your explicit approval of shop 2 as a sub-contractor" to it. In that case, you would have to sign your own NDA with shop 2, get proof to your satisfaction that shop 1 has a sufficiently strict NDA with them, etc. It would all be subject to your go-ahead, IF the NDA you have with shop 1 allows for that sort of thing at all.

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    TPA's, known as "Third Party Agreements" cover stuff like this in the defense world. Shop 1 would have to set up an NDA with Shop 2 that covers what they are subbing out and the original drawings and info from the customer if Shop 2 needs the information from the prime drawings to make sure their part meets spec. They ammend their NDA with the customer to indicate who is doing the work and what info is being passed to them. Works both ways. We, as the prime contractor, execute NDA's with secondary and beyond contractors for various reasons to do with techniques, processes and the like.

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    Quote Originally Posted by woodsrider845 View Post
    Wow. If you have an NDA, then you obviously have lawyers. Put your big boy pants on.
    Not necessarily. A lot of small businesses see NDAs or other documents and say "Wow, that's a good one. I'm going to use that myself."

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    I think you need to put the parts into context too, say sending out a drawing of a saw or laser cut blank whilst involving a 3rd party kinda would not disclose anything meaningful in a lot of cases. All kinda depends on the bits and at what level of info is supplied to that third party.

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    NDA's are hardly worth the paper they are written on, better have a patent application filed, or don't give away any more information than required in the first place if it's something valuable/useful. They can possibly provide a bit of prevention/discouragement from directly sending the information around to outside parties. I know from experience, twice (large companies), despite NDA's and careful documentation and labeling of info and samples provided, the only thing preventing blatant theft were patent applications, and then actual granted patents.

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    Quote Originally Posted by car2 View Post
    NDA's are hardly worth the paper they are written on, better have a patent application filed, or don't give away any more information than required in the first place if it's something valuable/useful.
    ˆˆˆ x10!
    We send out a lot of 3D models with proposals. First, we save the assembly as a "dumb solid" with no internal details. Transparent views, cutaways, etc. are only provided as JPEG screenshots. Anybody says he needs more complete data than that, we say thank you very much for your inquiry, sorry we are unable to meet your requirements and block his effing email address. And make a note in the database after his name (usually "asshole").

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    A lot of NDA's are BS.
    But in your case if there was a truly legit NDA beyond just an "ego boost" between Customer and Shop 1, then Shop 1 would have to go back to Customer for further details on how to proceed. Which they should have done & known before quoting...

  15. #11
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    In a nice way, have you read your NDA? These kind of things are usually spelled out. Many of the previous posts have answered your question, but I wanted to point out that these kind of things should be in the NDA itself.


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