Sec. 10. (a) The proceeds of a sale of a special tool under section 8 of this chapter shall be paid as follows:

(1) The proceeds shall be paid first to the prior lienholder who has a perfected lien in an amount sufficient to satisfy the lienholder’s interest.

Terms Used In Indiana Code 32-33-20-10

  • customer: means a person who:

    Indiana Code 32-33-20-1

  • end user: means a person who uses a special tool as part of the person's manufacturing process. See Indiana Code 32-33-20-2
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • special tool: means tools, dies, jigs, gauges, gauging fixtures, special machinery, cutting tools, injection molds, or metal castings used in the design, development, manufacture, assembly or fabrication of parts. See Indiana Code 32-33-20-3
(2) Any remainder after payment is made under subdivision (1) shall be paid to the end user who possesses a lien under this chapter in an amount sufficient to extinguish that interest.

(3) Any remainder after payment is made under subdivision (2) shall be paid to the customer.

     (b) A sale may not be made under this chapter if it would violate a right a customer has under federal patent or copyright law.

As added by P.L.73-2009, SEC.4.