Who Owns Mold? Tooling Ownership и Clause That Protects Вас
Who Owns Mold? Tooling Ownership и Clause That Protects Вас
It is most expensive assumption в custom manufacturing: 'I paid для mold, so it's mine.' In Китае, that is not how ownership works. mold belongs в whoever contract says it belongs в — и if contract is silent, it stays с factory that made it. After 20-plus years tooling projects в Иу и Delta, RND Сорсинг has rescued buyers who paid для molds и then watched a factory refuse в release them, reproduce part для a competitor, or hold production hostage. Ownership is a clause, not a payment. Here is clause that protects you.
Paying для Mold Does Not Make Вас Owner
When you pay a tooling or mold fee, you are paying для labour и material в create tool, not automatically transferring title. Китайский contract law treats mold as factory's asset unless agreement expressly assigns ownership в you. Many quotes list 'mold fee: USD 3,000' с no ownership sentence — и that silence defaults against you. factory can keep mold, reuse it, or refuse в ship it в a new supplier.
Title follows contract, not wire
A mold fee на invoice is a cost, not a deed. Without a written ownership clause, tool remains factory's property. Pair this с a solid supplier verification before you fund any tooling.
Standard Protective Clause: Вас Own, Фабрика Custodies
clause that fixes this is short и should appear в both PO и supply agreement. In plain terms: buyer is sole owner tooling; factory holds it only as custodian для buyer's production; factory may not use it для any other customer, may not modify it without written consent, и must return or transfer it на request. State mold's unique ID и value, и confirm factory acknowledges receiving fee as consideration для manufacture, not purchase tool.
State ownership explicitly
Write: 'All tooling paid by Покупатель is sole property Покупатель.'
Define custodian duties
factory stores и maintains mold solely в produce Покупатель's orders.
Ban third-party use
factory shall not produce для, or sell в, any third party using Покупатель's tooling.
Grant return/transfer rights
On request or order end, factory ships mold в a designated address at its cost.
Removable и Transferable Mold Clause
Ownership is only useful if you can physically move tool. Add a clause that mold is removable и transferable: factory must keep it clearly labelled, undamaged, и ready в ship, и must cooperate с a new manufacturer's engineer who comes в collect it. Some buyers go further и require mold be stored where a third party can access it, or even demand periodic photo evidence its condition. Для high-value tooling, RND arranges an на-site tag-и-photo record at factory.
What Happens Without Clause: A Real Risk Case
A US buyer we later assisted had paid USD 18,000 для injection molds и received two good shipments. When they tried в move production в a cheaper factory, original supplier cited 'mold fee is non-refundable и tool stays с us' — и there was no ownership clause в dispute it. supplier then began selling a near-identical part в buyer's own distributor. buyer had paid для tool, lost control it, и funded a competitor's line. A single ownership sentence в original contract would have prevented all it.
Silence is a default against you
No clause means factory keeps tool и can use it as they wish. cost one sentence is zero; cost omitting it can be your entire tooling investment plus a leaked product.
Mold Storage, Maintenance и Audit Rights
Ownership clauses should be backed by practical controls. Require factory в label your molds с your PO number, store them securely, и perform routine maintenance at their cost (since they are custodian). Reserve right в audit tool's condition на site. RND Сорсинг documents each customer-owned mold с a tagged photo record at intake и at each production run, so there is never a dispute about whether tool exists or what state it is в.
Combining Mold Ownership With Exclusivity
Ownership stops factory из keeping your tool, but it does not stop them из making same product для others using their own separately-made molds. До close that gap, pair ownership clause с an exclusivity clause prohibiting factory из making or selling your design в any other party. Exclusivity is stronger when tied в your NNN agreement (see our Китае NNN guide), because NNN adds non-use и non-circumvention teeth ownership clause alone lacks.
What в Do If a Фабрика Refuses Clause
A factory that refuses в acknowledge your ownership paid tooling is telling you something important: they expect в keep control. Treat refusal as a red flag на par с refusing an NNN. Either negotiate clause into contract, or walk away в a supplier who will put it в writing. small number factories that resist are precisely ones most likely в misuse mold later.
How RND Сорсинг Documents Tooling
Для every tooling project we manage, RND Сорсинг inserts ownership и custodian clauses into both PO и supply agreement, tags и photographs mold на intake, и re-confirms condition at each run. If a client ever needs в move production, we handle collection и transfer so tool arrives at new factory intact. This is unglamorous backbone custom manufacturing that protects five-figure tooling investments.
Conclusion
In Китае, mold ownership is a contract term, not a consequence payment. Put ownership-и-custodian clause в writing, add removable/transferable и exclusivity provisions, и document tool на floor. Without those sentences, factory keeps what you paid для и can use it against you. Для tooling handled с clauses, tags, и transfer support из Иу, contact RND Сорсинг и we will protect your molds из first PO.
If I pay mold fee, isn't mold automatically mine?
No. Under Китайский contract practice, mold remains factory's asset unless agreement expressly assigns ownership в buyer. Always state ownership в writing.
What should a mold ownership clause say?
That buyer is sole owner, factory is only custodian для buyer's production, tool may not be used для third parties, и factory must return or transfer it на request at its cost.
Can factory keep my mold if I move в another supplier?
Only if contract is silent. A proper removable/transferable clause forces factory в ship tool в your designated address. Without it, they can refuse.
Should mold ownership be separate из my NNN agreement?
They work best together. ownership clause secures physical tool; NNN agreement stops factory из making your design для others using their own tooling.
Paying для a mold buys you tool's creation, not its title. Write ownership clause, add removable/transferable и exclusivity terms, и document tool на floor. Send RND Сорсинг your tooling project и we will put protective clauses и transfer process в place из Иу.
