44-15-1
Definitions.
44-15-2
Customer rights--Possession.
44-15-3
Transfer of rights--Notice.
44-15-4
Customer response--Manufacturer liability.
44-15-5
Manufacturer's lien on balance due.
44-15-6
Notice of lien--Demand for payment.
44-15-7
Federal violation.
44-15-1. Definitions.
Terms used in this chapter mean:
(1) "Customer," any person who causes a manufacturer to fabricate, cast, or otherwise make a die, mold, form, or pattern or who provides a manufacturer with a die, mold, form, or pattern to manufacture, assemble, cast, or fabricate a product for a customer;
(2) "Manufacturer," any person who fabricates, casts, or otherwise makes or uses a die, mold, form, or pattern for the purpose of manufacturing, assembling, casting, or fabricating a product for a customer including a tool or die maker.
Source: SL 1998, ch 267, § 1.
44-15-2. Customer rights--Possession.
In the absence of any agreement to the contrary, the customer has all rights and title to any die, mold, form, or pattern in the possession of the manufacturer. If a customer does not claim possession from a manufacturer of a die, mold, form, or pattern within three years following the last use of the die, mold, form, or pattern, all rights and title to any die, mold, form, or pattern is transferred to the manufacturer for the purpose of destroying or otherwise disposing of the die, mold, form, or pattern.
Source: SL 1998, ch 267, § 2.
44-15-3. Transfer of rights--Notice.
At anytime within the time frame provided for in § 44-15-2, a manufacturer may choose to have all rights and title to any die, mold, form, or pattern transferred to the manufacturer. The manufacturer shall send written notice by registered mail to the chief executive office of the customer or, if the customer is not a business entity, to the customer at the customer's last known address indicating that the manufacturer intends to terminate the customer's rights and title by having all the rights and title transferred to the manufacturer pursuant to §§ 44-15-1 to 44-15-7. The notice shall include a statement of the customer's rights as set forth in § 44-15-4.
Source: SL 1998, ch 267, § 3.
44-15-4. Customer response--Manufacturer liability.
If a customer does not respond in person or by mail to claim possession of the particular die, mold, form, or pattern within ninety days following the date the notice was sent, or does not make other contractual arrangements with the manufacturer for storage of the die, mold, form, or pattern, all rights and title of the customer, except patents and copyrights, shall transfer to the manufacturer. The manufacturer may then destroy or otherwise dispose of the particular die, mold, form, or pattern as the manufacturer's own property without any liability to the customer.
This section may not be construed in any manner to affect any right of the customer under federal patent or copyright law or federal law pertaining to unfair competition.
Source: SL 1998, ch 267, § 4.
44-15-5. Manufacturer's lien on balance due.
A manufacturer has a lien, dependent on possession, on any die, mold, form, or pattern in the manufacturer's possession belonging to a customer, for the balance due the manufacturer from such customer for any manufacturing or fabrication work, and in the value of all material related to the work. The manufacturer may retain possession of the die, mold, form, or pattern until the charges are paid.
Source: SL 1998, ch 267, § 5.
44-15-6. Notice of lien--Demand for payment.
Before enforcing any lien, notice in writing shall be given to the customer, whether delivered personally or sent by registered mail to the last-known address of the customer. The notice shall state that a lien is claimed for the damages set forth in writing for manufacturing or fabrication work contracted or performed for the customer. This notice shall also include a demand for payment.
Source: SL 1998, ch 267, § 6.
