ARTICLE 8
DIE, MOLDS, FORMS, AND PATTERNS
44-12-311. Rights and title; transfer to molder.
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In the absence of any agreement to the contrary, the customer shall have all rights and title to any die, mold, form, or pattern in the possession of the molder.
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If a customer does not claim possession from a molder of a die, mold, form, or pattern within three years following the last prior use, all rights and title to any die, mold, form, or pattern shall be transferred by operation of law to the molder for the purpose of destroying or otherwise disposing of such die, mold, form, or pattern, consistent with this Code section.
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If a molder chooses to have all rights and title to any die, mold, form, or pattern transferred to the molder by operation of law, the molder shall send written notice by registered mail or statutory overnight delivery to the chief executive officer of the customer or, if the customer is not a business entity, to the customer at the customer's last known address, indicating that the molder intends to terminate the customer's rights and title by having all such rights and title transferred to the molder by operation of law pursuant to this Code section. Such notice shall include a statement of the customer's rights as set forth in subsection (d) of this Code section.
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If a customer does not respond in person or by mail to claim possession of the particular die, mold, form, or pattern within 120 days following the date the notice was sent, or does not make other contractual arrangements with the molder for storage of the die, mold, form, or pattern, all rights and title of the customer, except patents and copyrights, shall transfer by operation of law to the molder. Thereafter, the molder may destroy or otherwise dispose of the particular die, mold, form, or pattern as the molder's own property without any risk of liability to the customer.
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This Code section shall not in any manner affect any right of the customer under federal patent or copyright law or federal law pertaining to unfair competition.
(Code 1981, §44-12-311, enacted by Ga. L. 1999, p. 862, § 1; Ga. L. 2000, p. 1589, § 4.)
The 2000 amendment,
effective July 1, 2000, substituted "registered mail or statutory overnight delivery" for "registered mail" in subsection (c).
Editor's notes.
- Ga. L. 2000, p. 1589,
§
16, not codified by the General Assembly, provided that the Act is applicable with respect to notices delivered on or after July 1, 2000.
44-12-320. Lien created; notice; enforcement; public auction authorized.
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Molders shall have a lien, dependent on possession, on all dies, molds, forms, or patterns in their hands belonging to a customer, for the balance due them from such customer for any manufacturing or fabrication work related to the property on which the molder claims the lien. Such liens shall attach upon the commencement of work by the molder and shall be subject to any prior perfected security interest in such property as of the commencement date. The molder may retain possession of the die, mold, form, or pattern until the charges are paid or until repossessed by a creditor with a prior perfected security interest.
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Before enforcing such lien, notice in writing shall be given to the customer, whether delivered personally or sent by registered mail or statutory overnight delivery to the last known address of the customer. Such notice shall state that a lien is claimed for the damages set forth in or attached to such writing for manufacturing or fabrication work contracted or performed for the customer. Such notice shall also include a demand for payment.
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A lien may not be enforced under this part if the customer, within the time period provided in subsection (d) of this Code section, notifies the molder that the products fail to meet an approved quality control plan, the products deviated from approved samples, or the products deviated from previously accepted parts and the customer returns the products within 60 days after the date on which the products are delivered to the customer.
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If the molder has not been paid the amount due within 60 days after the notice has been received by the customer as provided in subsection (b) of this Code section and the products have not been returned to the molder within 60 days after the date on which the products are delivered to the customer because of a defective condition as provided in subsection (c) of this Code section, the molder may sell the die, mold, form, or pattern at a public auction.
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In no event shall the amount of the lien established by this Code section exceed the contract price of services performed by the molder.
(Code 1981, §44-12-320, enacted by Ga. L. 1999, p. 862, § 1; Ga. L. 2000, p. 1589, § 4.)
The 2000 amendment,
effective July 1, 2000, substituted "registered mail or statutory overnight delivery" for "registered mail" in subsection (b).
Code Commission notes.
- Pursuant to Code Section 28-9-5, in 1999, a comma was deleted in the last sentence of subsection (a).
Editor's notes.
- Ga. L. 2000, p. 1589,
§
16, not codified by the General Assembly, provided that the Act is applicable with respect to notices delivered on or after July 1, 2000.
