Terms Used In Vermont Statutes Title 9 Sec. 4153

  • customer: means any individual or entity who causes or caused a molder to fabricate, cast, or otherwise make a die, mold, or form or who causes or caused a molder to use a die, mold, or form to manufacture, assemble, or otherwise make a product or products. See
  • following: when used by way of reference to a section of the law shall mean the next preceding or following section. See
  • molder: means any individual or entity, including a tool or die maker who fabricates, casts, or otherwise makes a die, mold, or form or who uses a die, mold, or form to manufacture, assemble, or otherwise make a product or products. See
  • State: when applied to the different parts of the United States may apply to the District of Columbia and any territory and the Commonwealth of Puerto Rico. See
  • within three years following the last prior use: shall be construed to include any period following the last prior use of a die, mold, or form regardless of whether or not such period precedes April 14, 1981. See

§ 4153. Ownership rights

(a) Unless otherwise agreed in writing, if a customer does not take possession from a molder of a die, mold, or form situated in this State within three years following the last prior use thereof, all of the customer’s rights, title, and interest to such die, mold, or form may be transferred according to subsections (b) and (c) of this section to the molder solely for the purpose of destroying such die, mold, or form.

(b) If a molder chooses to have all rights, title, and interest to any die, mold, or form transferred to the molder by operation of this subsection and subsection (c), the molder shall send written notice by registered mail, return receipt requested, to the customer holding the rights, title, and interest at the address, if any, indicated in the agreement pursuant to which the molder obtained possession of the die, mold, or form and to the customer’s last known address. The notice shall state that the molder intends to terminate all of the customer’s rights, title, and interest by having all such rights, title, and interest transferred to the molder for purposes of destroying the die, mold, or form.

(c) If a customer does not take possession of the particular die, mold, or form within 180 days following the date the molder receives acknowledgment or nonacknowledgment of the return receipt of such notice, or does not make other contractual arrangements with the molder for taking possession or for the storage thereof, all rights, title, and interest of the customer shall transfer by law to the molder in order that the die, mold, or form be destroyed. Thereafter, the molder shall destroy the particular die, mold, or form as the molder’s own property without any risk of liability to the customer. (Added 1981, No. 16, eff. April 14, 1981.)