Sec. 5. (a) This section does not apply if an end user retains title to and possession of a special tool.

     (b) Unless otherwise agreed in writing, if a customer does not claim possession of a special tool from an end user within three (3) years after the date the special tool is last used by the end user, at the option of the end user, all rights, title, and interest in the special tool may be transferred by operation of law to the end user for the purpose of destroying the special tool.

Terms Used In Indiana Code 32-33-20-5

  • 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
  • in writing: include printing, lithographing, or other mode of representing words and letters. See Indiana Code 1-1-4-5
  • 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
  • Year: means a calendar year, unless otherwise expressed. See Indiana Code 1-1-4-5
     (c) After the three (3) year period described in subsection (b) expires, if an end user chooses to have all rights, title, and interest in a special tool transferred to the end user, the end user shall send written notice by registered mail, return receipt requested:

(1) to an address designated in writing by the customer; or

(2) if the customer has not designated an address in writing, to the customer’s last known address;

that indicates the end user intends to terminate the customer’s rights, title, and interest in the special tool by having all rights, title, and interest in the special tool transferred to the end user under this section.

     (d) If a customer does not:

(1) claim possession of the special tool within one hundred twenty (120) days after the date the end user receives the return receipt of the notice sent under subsection (c); or

(2) make other arrangements with the end user for storage of the special tool within one hundred twenty (120) days after the date the end user receives the return receipt of the notice sent under subsection (c);

all rights, title, and interest of the customer in the special tool are transferred by operation of law to the end user for the purpose of destroying the special tool.

     (e) This section may not be construed to:

(1) affect a right of a customer under a:

(A) federal patent or copyright law; or

(B) state or federal law concerning unfair competition; or

(2) grant a customer rights, title, or interest in a special tool.

As added by P.L.73-2009, SEC.4. Amended by P.L.1-2010, SEC.130.

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