Who owns the moulds in a plastics shop and how do I find out before buying?
Make a list of every mould in the building and, for each one, find who paid for it, whose name is on the paperwork and what the customer agreement says. Moulds paid for by customers usually belong to them, so they may leave. Confirm each one in writing with the seller.
Walk the racks and the press floor with a mould register in hand. For each tool, record the part, the customer, the number of cavities, its condition and where it is stored. Look for tags or plates that name an owner. Moulds with no label and no paperwork are the ones to ask about first.
Next, trace the money. Who paid for each mould: the shop, the customer or both in instalments? Ask for purchase orders, tooling quotes and invoices. Ask whether the customer was told the shop owns the tool, or the reverse. Customers often assume that because they paid, they can take it elsewhere. Some agreements say the shop keeps the tool but may not use it for others.
Also ask about outside builders and lenders. Is any mould still being paid for, held as security or stored at a toolmaker’s? Ask whether any customer has asked to move a tool. Your lawyer should read the agreements and tell you what each says. Ask the seller to confirm in the purchase documents which moulds are included, and which belong to customers. Your accountant can explain how tooling shows up in the books.
Key takeaways
- Build a mould register with part, customer, cavities, condition and location.
- Trace who paid for each tool and what the paperwork says about ownership.
- Ask your lawyer to confirm in the sale documents which moulds are actually included.
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Sources
This answer is checked against primary sources. Links were last confirmed on the dates shown.
- 01Business Development Bank of CanadaGovernmentHow to conduct due diligence when buying a business
- 02Business Development Bank of CanadaGovernmentWhat are the steps to buying a business?
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