779.485(1)(1)Definitions. In this section:
779.485(1)(a)(a) “Customer” means a person who does any of the following:
779.485(1)(a)1.1. Causes a special tool builder to design, develop, manufacture, assemble, or otherwise make a special tool.
779.485(1)(a)2.2. Orders a product from a manufacturer that is produced with a special tool or causes a manufacturer to use a special tool.
779.485(1)(b)(b) “Intellectual property” means a design, program, or process.
779.485(1)(c)(c) “Manufacturer” means a person who uses a special tool as part of the person’s manufacturing process.
779.485(1)(d)(d) “Manufacturer’s lien” means a lien described in sub. (3) (b).
779.485(1)(e)(e) “Special tool” means a tool, die, jig, gauge, gauging fixture, metal casting, pattern, forging, machinery, ferrous or nonferrous machined part, or intellectual property used for the purpose of designing, developing, manufacturing, assembling, or fabricating a metal part.
779.485(1)(f)(f) “Special tool builder” means a person who designs, develops, manufactures, fabricates, or assembles a special tool.
779.485(1)(g)(g) “Special tool builder’s lien” means a lien described in sub. (2) (a) 1.
779.485(2)(2)Special tool builders.
779.485(2)(a)(a) Lien.
779.485(2)(a)1.1. A special tool builder who does all of the following has a lien on a special tool in the amount that a customer or manufacturer owes the special tool builder for designing, developing, manufacturing, fabricating, assembling, repairing, or modifying the special tool:
779.485(2)(a)1.a.a. Permanently records on the special tool the special tool builder’s name, street address, city, and state, or other traceable identification.
779.485(2)(a)1.b.b. Files a financing statement for the special tool under subch. V of ch. 409.
779.485(2)(a)2.2. A special tool builder’s lien attaches and is perfected on the date that both of the requirements specified in subd. 1. a. and b. are satisfied.
779.485(2)(a)3.3. A special tool builder retains a special tool builder’s lien even if the special tool builder does not have physical possession of the special tool for which the lien is claimed.
779.485(2)(a)4.4. A special tool builder’s lien remains valid until the first of any of the following occurs:
779.485(2)(a)4.a.a. The customer or manufacturer pays the special tool builder the amount for which the special tool builder’s lien is claimed.
779.485(2)(a)4.b.b. The financing statement is terminated.
779.485(2)(b)(b) Priority. An attached and perfected special tool builder’s lien has priority over any other lien that subsequently attaches to the special tool.
779.485(2)(c)(c) Enforcement.
779.485(2)(c)1.1. A special tool builder may not enforce a special tool builder’s lien unless the builder provides notice in writing to the customer, manufacturer, or both that owes the builder the amount for which the special tool builder’s lien is claimed. The notice shall be delivered personally or by registered mail, return receipt requested, to the last-known address of the customer, manufacturer, or both and shall state that the builder is claiming a lien for the amount that customer, manufacturer, or both owes the special tool builder for designing, developing, manufacturing, fabricating, assembling, repairing, or modifying the special tool and that the builder demands payment for the amount. Except as provided in subd. 2., if the special tool builder is not paid the amount claimed within 90 days after either the customer or, if applicable, the manufacturer receives the notice, whichever is later, the builder has the right to possession of the special tool and the builder may enforce the right by any available judicial procedure or by taking possession of the special tool without judicial process, but only if the taking is done without breach of the peace.
779.485(2)(c)2.2. If the postal service returns any notice required under subd. 1. as undeliverable, the special tool builder may enforce the right to possession under subd. 1. no sooner than 90 days after the special tool builder publishes, under ch. 985, a class 1 notice of the intended enforcement of the right to possession in a newspaper of general circulation in the place where the special tool is last known to be located and in the place of the last-known address of any person for which the postal service returns a notice as undeliverable.
779.485(3)(3)Manufacturers.
779.485(3)(a)(a) Transfer of interest.
779.485(3)(a)1.1. Unless otherwise agreed by a customer and manufacturer in writing, all rights, title, and interest of a customer in a special tool that a manufacturer has used to produce parts ordered by the customer or that the customer has caused a manufacturer to use are transferred to the manufacturer for the purpose of destroying the special tool, if all of the following are satisfied:
779.485(3)(a)1.a.a. The special tool has been in the possession of the manufacturer during the one-year period beginning after the manufacturer’s last use of the special tool.
779.485(3)(a)1.b.b. The customer has not claimed possession of the special tool before the expiration of the one-year period specified in subd. 1. a.