This appeal involves cross-motions for summary judgment filed by The Service Merchandise Company, Inc. SM and Hunter Fan Company Hunter on the issue of contractual indemnity for the wrongful death claims asserted against SM by Kimberly Boss. SM filed a motion for summary judgment on its third party complaint, and Hunter filed a motion for partial summary judgment against SM on the issue of contractual indemnity. The trial court denied summary judgment to SM and granted partial summary judgment to Hunter. On appeal, SM contends that the trial court erred in denying its motion for summary judgment. For reasons that follow, we affirm. In 1993, Hunter and SM adopted a purchase agreement which set the acceptance of the contract’s terms at the time of Hunter’s shipment of its products to SM. On September 4, 1994, Connie Shirley, a relative of the decedent, purchased a Hunter Air Purifier Model 30300 from SM. Shirley also purchased an extended warranty for the air purifier and provided her name and address to SM for purposes of the warranty. After identifying a potential fire hazard posed by this particular product, Hunter instituted a nationwide voluntary recall in January of 1996 for this product. Hunter notified SM about the recall and requested a list of all purchasers of the Air Purifier Model 30300 from SM. It is undisputed that the customer list that SM provided to Hunter failed to include Shirley’s name and address and that Hunter did not notify Shirley about the recall.
Unaware of the recall, the Boss family continued to use the air purifier. Meanwhile, Shirley continued to maintain an extended service contract for parts and labor for the Air Purifier Model 30300 through September 3, 2000.1 On November 12, 2000, ten-year-old Steven Boss perished in a house fire apparently caused by the air purifier.