63.52.010 - Customer has title and all rights -- Written exception -- Failure to claim within three years after the last use -- Notice to customer -- Title and all rights may transfer to the molder. - Washington Statutes

Customer has title and all rights — Written exception — Failure to claim within three years after the last use — Notice to customer — Title and all rights may transfer to the molder.

(1) In the absence of a written agreement otherwise, the customer has title and all rights to a die, mold, or form in the molder's possession.

     (2) If a customer does not claim possession from a molder of a die, mold, or form within three years after the last use of the die, mold, or form, title and all rights to the die, mold, or form may be transferred to the molder for the purpose of destroying or otherwise disposing of the die, mold, or form.

     (3) At least one hundred twenty days before seeking title and rights to a die, mold, or form in its possession, a molder shall send notice, via registered or certified mail, to the chief executive officer of the customer or, if the customer is not a business entity, to the customer's last known address. The notice must state that the molder intends to seek title and rights to the die, mold, or form. The notice must also include the name, address, and phone number of the molder.

     (4) If a customer does not respond in person or by mail within one hundred twenty days after the date the notice was sent, or does not make other contractual arrangements with the molder for storage of the die, mold, or form, title and all rights of the customer transfer by operation of law to the molder. Thereafter, the molder may destroy or otherwise dispose of the die, mold, or form without any risk of liability to the customer.

[1996 c 235 § 2.]