Star Prototype China Ltd
Complaint 331386 Details

We ordered a injection moulding tool from Star Prototype China Ltd 06/13/2014. Cost $9517.00. We paid 50% ($4758.50) up front. The were sent samples of plastic products made from the tool for approval. The tool required adjustment as per standard practice of injection moulding tool, the adjustments should be made and new sample parts supplied for approval before payment of the final 50% balance is made.
However, Gordon Styles the Director of Star Prototype China Ltd, refused to do this unless we paid the 50% balance BEFORE the final adjustments to the moulding tool were made.
Obviously this is not standard procedure and would be too much of a risk for us to do that as the moulding tool may never be completed after our full and final payment is made.
We told Gordon Styles that we would sue them if they did not complete the job assigned to them prior to expecting the 50% balance from us.

They have replied with the following:

"If you want to take legal action you will have to do so in Hong Kong, and I am sure your solicitor will explain this to you. You will need to engage a lawyer in HK and pay a deposit of at least HKD 50,000, which is about GBP 4,000 (about what you owe STAR). It will cost you about that amount to simply send the required number of letters to STAR to make your complaint, and make application to the High Court. At that point you will be required to place a USD 50,000 bond with the High Court because you are a foreign entity.

The HK High Court requires that all Applicants and Respondents go through a protracted process of arbitration which can last up to 3 years. If that process of arbitration fails, and it will because you don’t have any case, you will then have to apply to the High Court to get a hearing in front of a Judge. The waiting list is about 2 years for minor cases at this time.

So, if you really do wish to go all ‘legal’ on us, you will have to outlay near on USD 70,000 just to even see the inside of a court and wait 5 years for the privilege. Court cost will run to a few hundred thousand USD. When you fail to make your case, you will be required to pay all of your own costs and all of ours as well, and if the case was considered frivolous, you may well be fined by the Judge for wasting court time."

They still refuse to allow is access to the moulding tool without paying them the 50% balance BEFORE any amendments are done to it so that it will produce the correct plastic parts as specified by us in our original order.

They have also advised us that now that 30 days has expired that in their terms and conditions they can and will demand full payment of the balance without doing the required amendments to the Moulding tool.