Texas Business & Commerce Code - Section 35.41. Destruction Of Die, Mold, Or Form
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Texas Lawyer > Business & Commerce Code > Texas Business & Commerce Code - Section 35.41. Destruction Of Die, Mold, Or Form
§ 35.41. DESTRUCTION OF DIE, MOLD, OR FORM. (a) In this
Act:
(1) "Owner" means an individual, firm, or corporation
that holds title to a die, mold, or form.
(2) "Molder" means an individual, firm, or corporation
that makes a die, mold, or form, or that uses a die, mold, or form to
make another product.
(b) After the three-year period beginning on the day on
which a die, mold, or form was last used or, if never used, on the
day on which it was made, a molder in possession of the die, mold, or
form may send notice to its owner of the molder's intent to destroy
the die, mold, or form. Notice must be sent by registered mail,
return receipt requested, to the last known address of the owner.
(c) If, before the 121st day after the day that the notice
sent in accordance with Subsection (b) of this section is received,
the owner does not take possession of the die, mold, or form or make
arrangements with the molder for its removal or continued storage,
the molder may destroy the die, mold, or form.
(d) On destruction of a die, mold, or form in accordance
with this section, the owner's title to it ends.
(e) If a molder satisfies the requirements of this section,
the molder may not be held criminally or civilly liable for the
destruction of the die, mold, or form.
(f) This section does not prevent a molder that holds title
to a die, mold or form from destroying it at any time.
Added by Acts 1983, 68th Leg., p. 4598, ch. 778, § 1, eff. Aug.
29, 1983.
Section: 35.30 35.31 35.32 35.33 35.39 35.395 35.40 35.41 35.42 35.44 35.45 35.455 35.46 35.47 35.48
Last modified: August 10, 2007
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