Sec. 9. (a) Before an end user may sell a special tool, the end user must notify:
(1) the customer; and
(2) any person whose security interest in the special tool is perfected by filing;
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.
Structure Indiana Code
Article 33. Liens on Personal Property
Chapter 20. Special Tool Liens
32-33-20-4. "Special Tool Builder"
32-33-20-5. Transfer of Rights, Title, and Interest in a Special Tool to an End User
32-33-20-6. End User Lien on a Special Tool
32-33-20-7. Notice to Customer of End User Lien
32-33-20-8. Sale of Special Tool at Public Auction
32-33-20-9. Notice to Customer of Special Tool Sale
32-33-20-10. Proceeds of Special Tool Sale
32-33-20-11. Special Tool Builder Security Interest on a Special Tool
32-33-20-12. Enforcement of Special Tool Builder Lien
32-33-20-13. Special Tool Builder Right to Possession of a Special Tool
32-33-20-14. Notice by Special Tool Builder; Sale of a Special Tool