I would like to thank you all (except maybe 2 of you LOL) it has been a very informative thread indeed. I don't know weather to take comfort in knowing others have been screwed and we are not alone or not! The foundry guy was told in no uncertain terms that the 8k was for everything, parts, molds, tooling etc. and agreed and shook on it. I think this must be the foundry's dirty little secret and a way to bend you over blind folded. The way I see it is it was our idea, our design, our orchestration, we walked in their place of bizz and hired/paid them to be our hands to carry out the manual part. We gave them the modified parts that the molds were made from, they didn't have **** until we walked threw there door with the idea and proto parts. Again this has been very enlightening, if interest in out come will update as it unfolds. Thanks
Bigrat, I would be very interested in hearing the outcome. If you care to share, but maybe not in a thread please pm me. I still have a very bad taste from my experience, it would be great to hear that someone else didn't get the same thing! Good luck.
Yep, got the protos back and the new parts, the only plus side is that the parts appear to be very nice! As soon as we get a few things cleared up, and have my friends permission, I will post picks and explain how an old time car builder got the idea started in the first place. It's really to bad that this foundry has burnt their bridge with us and can't be trusted, I had some ideas for more on topic traditional car parts........... Usually I sleep on things that bother me but it hasn't helped in this case, I can't understand why the customer has to make sure all his bases are covered "legally" this isn't complicated. We pay you, you provide the service, there shouldn't be gray areas as to who owns or has the rites. It's just their way of being very sneaky and trying to bleed everything out of you they can. When the economy went south so did their bizz, laying off most of the work force, you would think they would like to keep the customer satisfied for future work. What do they gain by "shelving the tooling and molds anyway?
A smart lawyer might be able to argue that cons***utes a contract. Because it was paid in full, it was accepted by both parties.
Problem is, if what he wrote in the post is what is on the receipt, it doesn't say he bought the tooling, only that it was required. If the foundry can show they normally build tooling and then keep it, well...... We cast small parts all the time. You need two things before you start. 1. Non-compete, non-disclosure agreement. This ***umes you are going to market what you are having made. You also don't want them telling your compe***ion what you are doing. 2. Written contract that states exactly what you are buying. You have to be very careful. It can't simply state that they are going to build the tooling. It has to state that you will own any and all tooling, patterns, drawings, calculations, etc. There are guys out there that will honor a handshake. But, chances are excellent that if you want to lose a friend, lend them money or do a business deal with them without contracts to protect both of your interests.
When things sound too good to be true they normally arn't. Get it in writing. ( Judge Judy ) Hope things work out.
Brigrat, are the moulds and tooling for sandcast or die cast parts? If sandcast the Patterns are yours if Die Cast the tooling will be his. Even though I am on the other side of the ditch with different laws etc. The basic premise is; if the moulds or foundry patterns for sand cast parts are able to be used in other foundries ie made for standard flasks then they should be yours. If the parts are made in the die cast process the tooling will be specifically made for his die cast machine, if so then it belongs to him. I always have my wood patterns made by a Patternmaker (you may call them Mouldmakers) who is not directly ***ociated with the foundry. A phone call from him to the foundry I propose to use will tell him the type and size of Flask or Box that foundry uses and he makes the pattern to suit their production process. I pay the patternmaker (the pattern is mine) I take the pattern to the foundry have the job done and take the pattern away with me. Most foundries will store the patterns for their customers so that future orders can be processed with just a Works Order being sent across, and the parts delivered when ready. However I have heard too many stories of guys seeing someone elses pattern in the foundry and ordering from it, all hush hush of course. I have heard a story involving Vic Edelbrock and Phil Weiand regarding this. Apparently Phil Weiand bought an early Edelbrock inlet manifold for the Flathead Ford V8 he took it to a Patternmaker and had the thing reproduced with his name on it instead of where Edelbrock had his. He made a mistake by using the same foundry Edelbrock did. Edelbrock saw the rip off pattern and smashed it to pieces. Good luck
What's the market for this part? Can you have enough of them made for you that you can basically flood the market so the tooling has little or no value to the guy? I mean, if we're talking a part for a bike that there's maybe 500 total anywhere in the world, that might not be a tall order, but if it was say a Model T Ford part, it would be beyond economic sense to try to do.
Been away from Law Enforcement for some time now. As I remember in this town you would be told that is a civil matter. The Police will not go there with you. $00.2
I said I would let you all know what the outcome was in the end, well the foundry held the molds and tooling up for ransom, $1000 bucks got them back in our possession. In this economy the foundry owner cut his own throat for future work from us all to gain a thousand quick ones, makes no sense................. Thanks again to all of you!
That is absolute ****!!! I'm glad that you got your stuff back! So it all ended well, but didnt go well...
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