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NO. 123. AN ACT RELATING TO THE PLACEMENT OF A MANUFACTURER'S LIEN UPON DIES, MOLDS, FORMS OR PATTERNS.

(S.212)

It is hereby enacted by the General Assembly of the State of Vermont:

Sec. 1. 9 V.S.A. § 4155 is added to read:

§ 4155. MANUFACTURER'S MOLD LIEN

(a) 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, engineering or fabrication work, and in the value of all material related to such work. The molder may retain possession of the die, mold, form or pattern until the charges are paid.

(b) A lien under subsection (a) of this section attaches and is perfected 30 days after any payment is due.

(c) A molder may enforce the lien by sale as provided in sections 1952 and 1953 of this title, unless such sale would be in violation of any right of a customer under federal patent or copyright law. The owner of property subject to a molder's lien who desires to question the reasonableness of such charges shall have the rights provided in section 1954 of this title.

(d) The parties may alter the provisions of subsections (a), (b) and (c) of this section by contract.

(e) A lien under this section does not take priority over an existing perfected security interest.

(f) Nothing in this section is intended to alter any rights, obligations, excuses or remedies under Article 2 of Title 9A.

(g) A court may, on request of a customer, substitute a bond or other collateral in an amount satisfactory to the court, and order release of the lien.

Approved: April 27, 1998