Manufacturer Breaching Contract and Theft of Molds

[jjarredaallen]

Texas.

My manufacturer signed a contract 6 months ago and now they wish to change it yet I have not agreed to these changes. They are attempting to use force and demand that I not only accept the pricing change, yet also that I pay the difference on all product produced and shipped to me from PO's paid months ago. With no lien, they are not attempting to hold my molds hostage which feels like theft.

Can they change the contract without my consent?
Can they hold my molds hostage without a lien or at all?
What are my rights?

 

[quincy]

Signed contracts cannot have the terms of the contract changed without consent of both parties to the contract.

Do the terms of the contract you signed include a provision for price change if certain conditions exist?

You enforce a breach in contract terms by suing the party in breach.

 

[jjarredaallen]

Enforcable date of contract - Nov, 14 2017

Stated price revision they are trying to enforce - July, 12th 2018

Attempting to get me to pay new price for all PO's, product produced and Invoices acknowledged and/or paid for prior to July 12th 2018.

The cost of good can only change regarding the price of resin if the price of resin increases 5% + or - (It has not) They must also notify me of the increase or decrease of the resin cost prior to the production of any goods.

 

[quincy]

Is there a termination date in the contract, where the contract and its terms automatically end and must be renegotiated?

If not, then I suggest you tell the manufacturer that you intend to enforce the terms of your existing contract, in court if necessary.

But, I recommend before this that you have the contract personally reviewed in its entirety by an attorney in your area to better ensure you are on solid legal ground.

Good luck.