(A) Before a molder may sell a die, mold, form, or pattern, the molder shall notify the customer by registered mail, return receipt requested. The notice must include the following information:

(1) the molder’s intention to sell the die, mold, form, or pattern thirty days after the customer’s receipt of the notice;

Terms Used In South Carolina Code 39-69-50

  • Customer: means any individual or entity who causes a molder to fabricate, cast, or otherwise make a die, mold, form, or pattern or who provides a molder with a die, mold, form, or pattern to manufacture, assemble, cast, fabricate, or otherwise make a product for a customer. See South Carolina Code 39-69-20
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • molder: includes , but is not limited to, a tool or die maker. See South Carolina Code 39-69-20
  • 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.

(2) a description of the die, mold, form, or pattern to be sold;

(3) the time and place of the sale;

(4) an itemized statement for the amount due.

(B) If there is not a return of the receipt of the mailing or if the postal service returns the notice as being nondeliverable, the molder shall publish notice of the molder’s intention to sell the die, mold, form, or pattern in a newspaper of general circulation in the customer’s last known place of business. The notice must include a description of the die, mold, form, or pattern.

(C)(1) If the sale is for a sum greater than the amount of the lien, the excess must be paid to a prior lienholder known to the molder at the time of the sale and any remainder to the customer, if the customer’s address is known, or the State Treasurer for deposit in the general fund if the customer’s address is unknown to the molder at the time of the sale.

(2) A sale must not be made under this section if it would be in violation of any right of a customer under federal patent or copyright law.