§ 32-33-20-9 — Notice to customer of special tool sale

(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.

Legislative History

As added by P.L.73-2009, SEC.4.