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Hello my name is ***** ***** I will help you with this.
Its a matter of negotiation
It can be US law or UK law
They clearly want US law as if there is a dispute they want to be able to litigate there.
I assume you want UK law in case there is a dispute.
The parties are free to agree the jurisdiction they want to govern the contract.
There is no hard or fast rule which says it must be UK or USA. So its a matter of negotiation between you and them
Yes the actual statement is Governing Law. The rights and obligations of the parties under this Agreement shall be governed by and interpreted in accordance with the laws of the State of Minnesota. just wondering where i stand
It means if anything goes wrong you have to sue there
You can ask for UK but if they say no, they may say well you are not getting the contract/deal
Its therefore a commercial decision for you
But if it goes wrong you have to sue there, not the UK
Can I clarify anything for you about this today please?
Yes what happens if they wish to sue does that mean its under US law and is there any way I can specify uk law
Yes currently under US law if you sign. You can ask for UK law but they may refuse
If they do then you have a choice, whether to enter into the contract under US law or not to sign the contract
I assume thats down to the amount of risk I believe there is in fullfilling the contract
The contract is to purchase US product and sell in the UK
Its a matter of risk and commercial decision for you. There is no legal answer.
You either can negotiate UK law or not. If not you chose whether to enter the contract
Does that clarify?
oh ok, currently OI am a sole trader would being ltd give me better protection
Well it probably wont make much difference as if they sue in the USA they would find it hard and expensive to enforce it here
Yes it does clarify thanks as you say is is a commercial risk I need to decide if I want to take it
Can I clarify anything else for you?
If I get UK law would ltd be better then
Yes that gives you an extra layer of protection
ok thanks thats all for now
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ok will do
Thanks - have a good weekend