My question involves a consumer law issue in the State of: North Carolina
We have a few customers that leave their items at our shop after they are repaired, or because it costs too much to repair. We have everyone sign a worth authorization that states after 15 days of a machine being left it is considered abandoned:
"If you have not claimed your product and paid all charges due within fifteen (15) days of the date of this repair seen above, Company will consider your product abandoned. Company will provide such notice to you at the email address you furnished when you authorized the repairs. Company may dispose of your product in accordance with applicable provisions of law, and, specifically, may sell your product at a private or public sale without liability to you. Company reserves its statutory and any other lawful liens for unpaid charges."
This is signed by all customers. We call customers when their product is ready and send daily emails.
My question is when can we abandon the products legally, the law from NC (attached below) says 60 days but only for products under $500 and we deal with products worth more than this. Also we email as we do not get mailing addresses.
Thanks for your advice.
§ 66-67.1. Disposal by repair businesses of certain unclaimed property.
(a) Disposal Authorized. – Notwithstanding the provisions of Article 1 of Chapter 44A of the General Statutes, a person who repairs, alters, treats, or improves personal property in the ordinary course of his business pursuant to an express or implied contract with an owner or legal possessor of the personal property may, upon compliance with the notice requirement of subsection (b), dispose of any personal property of a value of five hundred dollars ($500.00) or less, other than a motor vehicle, that has not been claimed by the owner or legal possessor for a period of sixty days or more after his receipt of written notice that the property is ready to be claimed.
(b) Notice Requirement. – The repair business shall, at the time the property is surrendered, have a written notice of dimensions of not less than eight and one-half by eleven inches prominently displayed in a conspicuous place in the office or shop where the property was surrendered containing the following message: "NOT RESPONSIBLE FOR GOODS LEFT ON HAND FOR MORE THAN 60 DAYS". When the property has been repaired or otherwise processed, the repair business shall notify the owner or legal possessor of the property, by certified mail with return receipt requested, that the property is ready to be claimed.
(c) Liability. – A person who disposes of property in accordance with this section is not liable for damages to the owner of the property disposed of.
(d) Definitions. – As used in this section, the terms "legal possessor" and "owner" have the meanings provided in G.S. 44A-1. (1987, c. 386.)
We have a few customers that leave their items at our shop after they are repaired, or because it costs too much to repair. We have everyone sign a worth authorization that states after 15 days of a machine being left it is considered abandoned:
"If you have not claimed your product and paid all charges due within fifteen (15) days of the date of this repair seen above, Company will consider your product abandoned. Company will provide such notice to you at the email address you furnished when you authorized the repairs. Company may dispose of your product in accordance with applicable provisions of law, and, specifically, may sell your product at a private or public sale without liability to you. Company reserves its statutory and any other lawful liens for unpaid charges."
This is signed by all customers. We call customers when their product is ready and send daily emails.
My question is when can we abandon the products legally, the law from NC (attached below) says 60 days but only for products under $500 and we deal with products worth more than this. Also we email as we do not get mailing addresses.
Thanks for your advice.
§ 66-67.1. Disposal by repair businesses of certain unclaimed property.
(a) Disposal Authorized. – Notwithstanding the provisions of Article 1 of Chapter 44A of the General Statutes, a person who repairs, alters, treats, or improves personal property in the ordinary course of his business pursuant to an express or implied contract with an owner or legal possessor of the personal property may, upon compliance with the notice requirement of subsection (b), dispose of any personal property of a value of five hundred dollars ($500.00) or less, other than a motor vehicle, that has not been claimed by the owner or legal possessor for a period of sixty days or more after his receipt of written notice that the property is ready to be claimed.
(b) Notice Requirement. – The repair business shall, at the time the property is surrendered, have a written notice of dimensions of not less than eight and one-half by eleven inches prominently displayed in a conspicuous place in the office or shop where the property was surrendered containing the following message: "NOT RESPONSIBLE FOR GOODS LEFT ON HAND FOR MORE THAN 60 DAYS". When the property has been repaired or otherwise processed, the repair business shall notify the owner or legal possessor of the property, by certified mail with return receipt requested, that the property is ready to be claimed.
(c) Liability. – A person who disposes of property in accordance with this section is not liable for damages to the owner of the property disposed of.
(d) Definitions. – As used in this section, the terms "legal possessor" and "owner" have the meanings provided in G.S. 44A-1. (1987, c. 386.)
Retailers: Customer's Leaving Machines at Our Shop
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