Product mould fee paid, but mould belongs to factory???
Post 1 of 4
We made an order with a factory in China a few mths ago, and we paid $500 for the mould fees.
The products was sent out and now later we place another order for more, but they now put the prices up 20% more, and they can not meet the lead times.
So we find another factory to make, and we did at a lower price and better lead time, so we ask for the mould from the old factory, they first said hard to take, very big, then later told me the mould is in the mould factory, so they gave me the company name.
We got the new factory to go to the mould factory to get it, the mould factory said they dont have?
Later the old factory now said they paid more for the mould about $1000, and when we order 5000pcs we can have it?
We need this mould quick so they later wanted another 4000rmb to buy it?, great as it's our anyway.
We agree to these terms, and the next day arrange to meet them.
On this day we called and said we pay cash, but we need to go to the mould factory and get them to sign the contract to us, as its our mould, he said sorry can not do that, you pay us the money and i will call the mould factory and tell them you can use it? and when i order again must do the same?
This also means he can make our products for other customers, as he owns the mould but we have paid for them.
This situation can not the right, now we loose orders and money, i may add i am in China to make this deal.
The products was sent out and now later we place another order for more, but they now put the prices up 20% more, and they can not meet the lead times.
So we find another factory to make, and we did at a lower price and better lead time, so we ask for the mould from the old factory, they first said hard to take, very big, then later told me the mould is in the mould factory, so they gave me the company name.
We got the new factory to go to the mould factory to get it, the mould factory said they dont have?
Later the old factory now said they paid more for the mould about $1000, and when we order 5000pcs we can have it?
We need this mould quick so they later wanted another 4000rmb to buy it?, great as it's our anyway.
We agree to these terms, and the next day arrange to meet them.
On this day we called and said we pay cash, but we need to go to the mould factory and get them to sign the contract to us, as its our mould, he said sorry can not do that, you pay us the money and i will call the mould factory and tell them you can use it? and when i order again must do the same?
This also means he can make our products for other customers, as he owns the mould but we have paid for them.
This situation can not the right, now we loose orders and money, i may add i am in China to make this deal.
09 Jun 2007 23:25
Post 2 of 4
Replying to [JBsportsuk]:
The mould belong to whom, it will be decided according to your agreement before tooling it. Sometimes both parties will come to an agreement like order q'ty added up to a certain q'ty and the seller will refund buyer the tooling costs if buyer pre-paid it. But in most situations, NO such agreements, and I guess you do not have it either, and you do not have a non-disclosure and non-competition agreement with the factory either.
The mould belong to whom, it will be decided according to your agreement before tooling it. Sometimes both parties will come to an agreement like order q'ty added up to a certain q'ty and the seller will refund buyer the tooling costs if buyer pre-paid it. But in most situations, NO such agreements, and I guess you do not have it either, and you do not have a non-disclosure and non-competition agreement with the factory either.
12 Jun 2007 00:07
Post 3 of 4
Replying to [Lawyersun]:
Maybe you can ask a local Chinese lawyer who can speak English to offer you some legal help.
Maybe you can ask a local Chinese lawyer who can speak English to offer you some legal help.
12 Jun 2007 00:08
Post 4 of 4
Replying to [Lawyersun]:
I made this order when i first cam to china, at that time i did not make a contract with the factory, buy i have their invoice with the mould fee of $500 on the first order.
And the msn converstaions as they ask for more money and after still want the rights over the mould.
The products can be made by this factory now as we have lost communication with them..
I dont want to be like a bad boy and show all buyers on Alibaba that another Gold supplier has made fraud on a real buyer,
But i tell its strange how these people can find all this very funny, as they show this type of face on msn when we tell that the mould is ours and we paid for it.
We have a office in the same city in China, and have another order to make, poor business people.
I made this order when i first cam to china, at that time i did not make a contract with the factory, buy i have their invoice with the mould fee of $500 on the first order.
And the msn converstaions as they ask for more money and after still want the rights over the mould.
The products can be made by this factory now as we have lost communication with them..
I dont want to be like a bad boy and show all buyers on Alibaba that another Gold supplier has made fraud on a real buyer,
But i tell its strange how these people can find all this very funny, as they show this type of face on msn when we tell that the mould is ours and we paid for it.
We have a office in the same city in China, and have another order to make, poor business people.
13 Jun 2007 02:41
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