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Mould Ownership in China: How to Keep Control of Your Tooling

Buyers often pay thousands of dollars for injection moulds, die-casting tools or stamping dies in China, then find out the hard way that paying for a mould is not the same as controlling it. When the buyer wants to move production, the factory may claim the tooling cost was never fully paid, ask for "maintenance fees", or say the mould is worn out. In the worst cases a mould paid for by one buyer is used to make goods for someone else. This guide covers how to put mould ownership in writing and how to check tooling on site.

What this article covers
  • Why paying for a mould does not settle who controls it
  • What to put in a tooling agreement
  • What an inspector can check on the mould itself
  • How to move a mould to another factory

Paying for a Mould Is Not the Same as Owning It

Disputes usually start with something that was never written down. Was the tooling fee the full cost, or a contribution, with the rest recovered through the unit price? Who pays for repairs and new inserts? Can the factory use the mould for other customers? Where an invoice says only "mould fee", each side can remember the agreement differently.

A common source of disagreement is amortised tooling: the factory charges little or nothing up front and spreads the mould cost over the unit price. In that case the factory may reasonably argue that ownership passes only after a certain quantity has been ordered. If that is the deal, it should be stated, with the quantity.

This guide is general practical information, not legal advice. Ownership and enforcement of tooling agreements in China are legal questions, and a lawyer familiar with Chinese contract law should review the agreement for valuable tooling.

What to Put in a Tooling Agreement

These points belong with the other terms in your purchase order, signed before the tooling payment is made.

SSTI inspector on a plastic injection moulding floor during a production visit
An SSTI inspector on an injection moulding floor. The photo is illustrative.

What an Inspector Can Check on the Mould

A check on the tooling fits naturally into an initial production check at the start of a run, when the mould is on the machine and the first parts can be compared with the approved sample.

Moving a Mould to Another Factory

An inspector on site at handover can check the mould against the mould list, record its condition and confirm that what is collected is what was paid for. See our supplier qualification and production follow-up services, or read about who you are really dealing with before you pay for tooling.

Paid for tooling in China?

SSTI can check mould marking, location, shot count and condition at the factory, and record it at handover.

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