N.J. Stat. tit. 56, ch. 4A

in effect

N.J. Stat. § 56:4A-1 Definitions

As used in this act: a. "Customer" means any person who causes or caused a molder to fabricate, cast or otherwise make a mold, die or form, or who causes or caused a molder to use a mold, die or form in the manufacture or assembly of products. b. "Molder" means any person who fabricates, casts or otherwise makes a mold, die or form to produce plastic products, or who uses a mold, die or form in the manufacture or assembly of plastic products. L.1983, c. 217, s. 1.

N.J. Stat. § 56:4A-2 Transfer of rights, title and interest to molder upon customer's failure to take possession; notice

Unless otherwise agreed to in writing, if a customer does not take possession from a molder of a mold, die or form situated in this State within 3 years following its last prior use, the customer's rights, title and interest to the mold, die or form may be transferred by operation of law to the molder for the purpose of destroying the mold, die or form consistent with this act. To transfer title, the molder shall send written notice by registered mail, return receipt requested, to the customer's designated address or, if there is none, to the customer's last known address, indicating that the molder intends to have the customer's rights, title and interest to the mold, die or form transferred pursuant to this act. L.1983, c. 217, s. 2.

N.J. Stat. § 56:4A-3 Customer's failure to take possession following notice; destruction

If a customer does not take possession of the particular die, mold, or form within 120 days following the date the molder receives acknowledgement or nonacknowledgement of the return receipt of the notice or does not make other contractual arrangements with the molder for taking possession or for the storage thereof, all rights, title, and interest of the customer shall transfer by law to the molder. Thereafter, the molder shall be entitled to destroy the particular die, mold, or form as the molder's own property without any risk of liability to the customer. L.1983, c. 217, s. 3.

N.J. Stat. § 56:4A-4 Rights of customers under federal patent or copyright law or law pertaining to unfair competition unaffected

This act shall not be construed to affect the rights of customers under federal patent or copyright law, or any State or federal law pertaining to unfair competition. This act shall not apply if a molder retains title to and possession of a mold, die or form, nor shall this act be construed to grant a customer any rights, title or interest in a mold, die or form. L.1983, c. 217, s. 4.

N.J. Stat. § 56:4A-5 "Within 3 years following its last use" construed

For purposes of this act, the term "within 3 years following its last use" shall be construed to include any period following the last prior use of any die, mold, or form regardless of whether or not the period precedes the effective date of this act. L.1983, c. 217, s. 5.

N.J. Stat. § 56:4A-6 Molder's lien on dies, molds, forms or patterns.

1. A molder shall have a lien, dependent on possession, on all dies, molds, forms or patterns in the molder's hands belonging to a customer or owner, if the owner is different from the customer, for the balance due the molder from the customer for any manufacturing, engineering or fabrication work, and in the value of all material related to the work. The molder may retain possession of the die, mold, form or pattern, without process of law, until the balance due the molder is paid. L.1999,c.235,s.1.

N.J. Stat. § 56:4A-7 Molder's option to sell due to unpaid balance.

2. If a balance due the molder remains unpaid 60 days after payment is due, the molder may sell the die, mold, form or pattern, subject to any existing perfected security interest, at a public auction in the county where the die, mold, form or pattern is being held. L.1999,c.235,s.2.

N.J. Stat. § 56:4A-8 Notification to customer by molder before sale.

3. a. Before a molder may sell the die, mold, form or pattern, the molder shall notify the customer and, if the owner is different from the customer, the owner by certified mail, return receipt requested. The notice shall include the following information: (1) the molder's intention to sell the die, mold, form or pattern 30 days after the notice was mailed; (2) a description of the die, mold, form or pattern to be sold; (3) the time and place of the sale; and (4) an itemized statement for the amount due. b. If the die, mold, form or pattern is sold for an amount which is greater than the amount of the lien plus all reasonable expenses of the sale, any excess amount shall be paid to any prior lienholder known to the molder at the time of the sale and any remainder to the customer, or if the owner is different from the customer, to the owner. If there is no prior lienholder and the customer or, if the owner is different from the customer, the owner has not responded to the notices required to be sent pursuant to this act, any excess shall be paid to the State Treasurer for deposit in the General Fund. c. A lien under this act shall not take priority over an existing perfected security interest. d. A customer or, if the owner is different from the customer, the owner shall seek repossession of a mold, die, form or pattern subject to a lien under this act only by posting a bond in the amount of the charges outstanding. L.1999,c.235,s.3.

N.J. Stat. § 56:4A-9 Sale prohibited if violation of federal patent, copyright law.

4. The sale of a die, mold, form or pattern shall not be made under this act if it is in violation of any right of a customer or owner, if the owner is different from the customer under federal patent or copyright law. L.1999,c.235,s.4.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://www.njleg.state.nj.us/legislative-activity/statutesFetched: 10/17/2026