Indiana Code 32-33-20-9. Notice to customer of special tool sale
(1) the customer; and
Terms Used In Indiana Code 32-33-20-9
- 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
by registered mail, return receipt requested, that the end user intends to sell the special tool.
(b) The notice required under subsection (a) must include the following information:
(1) The end user’s intention to sell the special tool sixty (60) days after the date the customer receives the notice.
(2) A description of the special tool to be sold.
(3) The date, time, and place of the sale.
(4) An itemized statement for the amount due.
(5) A statement that the product produced by the special tool complies with the quality and quantity ordered.
(c) If:
(1) there is no return of the receipt of the mailing; or
(2) the postal service returns the notice as being undeliverable;
the end user shall publish notice of the end user’s intention to sell the special tool in a newspaper of general circulation in the place where the special tool is being held for sale by the end user and in the place of the customer’s last known address. The notice must include a description of the special tool and the name of the customer.
(d) If a customer disagrees that the product produced by the special tool complies with the quality and quantity ordered, the customer shall notify the end user in writing by registered mail, return receipt requested, that the product produced by the special tool did not meet the quality or quantity of product ordered. An end user who receives a notice under this subsection may not sell the special tool until the dispute is resolved.
As added by P.L.73-2009, SEC.4.