IfI paid for items to be producedbutthey have been lost by the manufacturer, who is responsible for paying for replacements?
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IfI paid for items to be producedbutthey have been lost by the manufacturer, who is responsible for paying for replacements?
I had some molds made for a product I was manufacturing through a company based in Toledo Ohio. I spent $12,000.00 for these molds. I also had 5000 units of this product manufactured by this company. It’s been a year and a half since I’ve spoke to them and now I need my molds and they are telling me they can’t locate the molds. Are they liable to make the molds again at no charge to me and how to go about confronting them with that option? I have all the receipts for the molds.
Asked on November 5, 2010 under Business Law, Florida
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Do you have a manufacturing contract with the company? Does it say anything about the replacement of the molds or the type of relationship that you are creating to entrust the molds with them? You may have to sue them based upon that contract and maybe under a bailment theory of law. They were the ones placed in charge of keeping the moldsin a safe place for use. If they have misplaced them then they could be responsible for re-making them. The line in your question that bothers me is the year and a half you waited to reclaim them. Make sure that he attorney knows that when he reads the contract and the law. There could be an abandonment claim by the manufacturer. Good luck.
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