reglab/housing_qa huggingface dataset:
KS Stat § 16-1405 (2021)
2021 Kansas Statutes|Chapter 16 - Contracts And Promises|Article 14 - Lawn And Garden Equipment Dealership Agreements|16-1405 Civil action; liabilities; costs.

16-1405. Civil action; liabilities; costs. In the event that any supplier, after such supplier terminates, cancels, fails to renew, or in fact substantially discontinues such contract, fails or refuses to make payment to such retailer as required by the provisions of K.S.A. 16-1403, and amendments thereto, such supplier shall be liable in a civil action to the retailer for the actual costs of the action, including attorney, paralegal and expert witness fees; for interest as provided in K.S.A. 16-1403, and amendments thereto; for 100% of the net cost of such machinery, plus transportation charges which have been paid by the retailer; and for 100% of the current net price of the repair parts, plus 5% for handling, packing and loading plus freight charges which have been paid by the retailer. In any such action, it shall be the burden of the supplier to establish that the terms of K.S.A. 16-1404, and amendments thereto, may apply to except any particular item of lawn and garden equipment from the terms of K.S.A. 16-1403, and amendments thereto.History: L. 1992, ch. 40, § 5; L. 2000, ch. 84, § 7; July 1.
KS Stat § 16-1406 (2021)
2021 Kansas Statutes|Chapter 16 - Contracts And Promises|Article 14 - Lawn And Garden Equipment Dealership Agreements|16-1406 Changes not made without good cause; when good cause exists.

16-1406. Changes not made without good cause; when good cause exists. No supplier, directly or through any officer, agent or employee, may terminate, cancel or fail to renew without good cause. Good cause means failure by a retailer to substantially comply with essential and reasonable requirements imposed upon the retailer by the contract if such requirements are not different from those requirements imposed on similarly situated dealers either by their terms or in the manner of their enforcement. In addition, good cause shall exist whenever:(a) The retailer has transferred a controlling interest in the retailer business without the supplier's consent;(b) the retailer has filed a voluntary petition in bankruptcy or has had an involuntary petition in bankruptcy filed against it which has not been discharged within 30 days after the date of filing, or there has been a closeout or sale of a substantial part of the retailer's assets related to the retailer's business or there has been a commencement or dissolution or liquidation of the retailer's business;(c) there has been a change, without the prior written approval of the supplier, in the location of retailer's principal place of business if such approval is required under the retailer's agreement with the supplier;(d) the retailer has defaulted under any reasonable and essential term of a chattel mortgage or other security agreement between the retailer and supplier, or there has been a revocation or discontinuance of any guarantee of the retailer's present or future obligations to the supplier;(e) the retailer has failed to operate in the normal course of business for seven consecutive days or has otherwise abandoned such retailer's business, except for reasonable and customary closures of business;(f) the retailer has pleaded guilty to or has been convicted of a felony affecting the relationship between the retailer and supplier;(g) the retailer has engaged in conduct which is injurious or detrimental to the retailer's customers or the public welfare; or(h) following receipt of written notices of the supplier's requirements and of written notices of the supplier's determination of the retailer's initial and persisting failures to meet the supplier's requirements, the retailer has consistently failed to meet the supplier's requirements for reasonable market penetration based on the supplier's experience in other identified and comparable market areas.History: L. 1992, ch. 40, § 6; April 16.
KS Stat § 16-1407 (2021)
2021 Kansas Statutes|Chapter 16 - Contracts And Promises|Article 14 - Lawn And Garden Equipment Dealership Agreements|16-1407 Notice of termination; right to cure; approval of transfer of retailer's business.

16-1407. Notice of termination; right to cure; approval of transfer of retailer's business. (a) Except as otherwise provided in this section, a supplier shall provide a retailer at least 90 days' prior notice of termination, cancellation, or nonrenewal of the contract. The notice shall state all reasons constituting good cause for termination, cancellation or nonrenewal and shall provide that the dealer has 60 days in which to cure any claimed deficiency. If the deficiency is rectified within 60 days, the notice shall be void. The notice and right to cure provisions under this section shall not apply if the reason for termination, cancellation or nonrenewal is for any reason set forth in subsections (a) through (h) of K.S.A. 16-1406.(b) In the event that a supplier of lawn and garden equipment has contractual authority to approve or deny a request by a retailer to sell or transfer any portion of the retailer's business ownership to another party or to enter into an agreement to operate the dealership with another party, the supplier shall approve or deny the request within 90 days of receiving such a request. If the supplier has neither denied nor approved the request within 90 days, the request shall be deemed approved. The retailer's request shall include the reasonable financial information, personal background, character references and work histories as required by the supplier to render such a determination. In the event the supplier denies the request, the supplier shall provide the retailer with a written notice of its determination with the stated reasons for the denial.History: L. 1992, ch. 40, § 7; L. 1998, ch. 79, § 4; July 1.
KS Stat § 16-1408 (2021)
2021 Kansas Statutes|Chapter 16 - Contracts And Promises|Article 14 - Lawn And Garden Equipment Dealership Agreements|16-1408 Remedies.Remedies.

16-1408. Remedies. If any supplier violates any provisions of K.S.A. 16-1406 or 16-1407, a retailer may bring an action in any court of competent jurisdiction for damages sustained by the retailer as a consequence of the supplier's violation. The court may also award court costs and reasonable attorney fees to the prevailing party. The remedies set forth in this section shall not be deemed exclusive and shall be in addition to any other remedies permitted by law including proceedings under the Kansas consumer protection act.History: L. 1992, ch. 40, § 8; April 16.
KS Stat § 16-1409 (2021)
2021 Kansas Statutes|Chapter 16 - Contracts And Promises|Article 14 - Lawn And Garden Equipment Dealership Agreements|16-1409 Effect of act upon contracts.

16-1409. Effect of act upon contracts. Except for the provisions of subsection (b) of K.S.A. 16-1407, the provisions of this act shall apply to all continuing and nonrenewable contracts, and all other contracts entered into, renewed, amended, assigned or transferred by a supplier to a transferee on or after July 1, 1992, and shall apply only to lawn and garden equipment and repair parts purchased after the effective date of this act. The provisions of subsection (b) of K.S.A. 16-1407 shall apply only to those contracts executed after July 1, 1998. Any contract in force and effect on July 1, 1992, or with respect to subsection (b) of K.S.A. 16-1407, on July 1, 1998, which by its own terms will terminate on a date certain subsequent thereto shall be governed by the law as it existed prior to this act unless renewed, amended, assigned or transferred as described above.History: L. 1992, ch. 40, § 9; L. 1998, ch. 79, § 5; July 1.
KS Stat § 16-1410 (2021)
2021 Kansas Statutes|Chapter 16 - Contracts And Promises|Article 14 - Lawn And Garden Equipment Dealership Agreements|16-1410 Remedies not exclusive.

16-1410. Remedies not exclusive. The provisions of this act shall be supplemental to any agreement between the retailer and the supplier. The retailer may elect to pursue either the contract remedy, the remedy provided herein, or any other remedies permitted by law, and an election by the retailer to pursue such retailer contract or other remedies shall not bar such retailer's right to any remedy provided herein as to the lawn and garden equipment and repair parts not affected by the contract or other remedies.History: L. 1992, ch. 40, § 10; April 16.
KS Stat § 16-1411 (2021)
2021 Kansas Statutes|Chapter 16 - Contracts And Promises|Article 14 - Lawn And Garden Equipment Dealership Agreements|16-1411 Severability.

16-1411. Severability. If any section of this act, or any part of any section thereof, or the application of such provision to any person or circumstance shall be declared invalid or unconstitutional, such declaration of invalidity shall not affect the remaining portions thereof and the application of such provision to other persons or circumstances.History: L. 1992, ch. 40, § 11; April 16.
KS Stat § 16-1412 (2021)
2021 Kansas Statutes|Chapter 16 - Contracts And Promises|Article 14 - Lawn And Garden Equipment Dealership Agreements|16-1412 Citation of act.

16-1412. Citation of act. This act may be cited as the Kansas lawn and garden equipment dealership act.History: L. 1992, ch. 40, § 12; April 16.
KS Stat § 16-1501 (2021)
2021 Kansas Statutes|Chapter 16 - Contracts And Promises|Article 15 - Swine Contracts And Marketing Pools|16-1501 Definitions; implied promise of good faith.

16-1501. Definitions; implied promise of good faith. (a) For the purposes of K.S.A. 16-1501 through 16-1506, and amendments thereto, the term "contractor" means any corporation, trust, limited liability company, or limited partnership or corporate partnership other than a family farm corporation, authorized farm corporation, limited liability agricultural company, limited agricultural partnership, family trust, authorized trust or testamentary trust, as defined in K.S.A. 17-5903, and amendments thereto, which established a swine production facility in this state or which contracts with a producer to grow or raise hogs in this state and in either case which in the ordinary course of business buys hogs in this state.(b) For the purposes of K.S.A. 16-1501 through 16-1506, and amendments thereto, the term producer means any individual, family farm corporation, authorized farm corporation, limited liability, agricultural company, limited agricultural partnership, family trust, authorized trust or testamentary trust, as defined in K.S.A. 17-5903, and amendments thereto, which raises hogs in this state or provides the service of raising hogs in this state and which is able to transfer title in such hogs to another or who provides management, feed, labor, facilities, machinery or other production input for raising hogs in this state.(c) For the purposes of this section production input includes, but is not limited to, management, labor, facilities, machinery or feed used in the raising of hogs in this state.(d) If the contractor is the subsidiary of another corporation, partnership, or a member of another association or other business entity, the parent corporation, partnership, association or other business entity is liable to a producer for the amount of any unpaid claim or contract performance claim if the contractor fails to pay or perform according to the terms of the contract.(e) There is an implied promise of good faith as defined in K.S.A. 2021 Supp. 84-1-201(b)(20), and amendments thereto, by all parties in all contracts between contractors and producers. In an action to recover damages, if the court finds that there has been a violation of this provision, damages, court costs, and attorney fees may be recovered.(f) Each contractor shall require in its contract that the producer comply with any applicable state and federal environmental laws and shall provide to the producer, upon request, information regarding compliance with such laws.History: L. 1994, ch. 130, § 8; L. 2007, ch. 89, § 25; July 1, 2008.
KS Stat § 16-1502 (2021)
2021 Kansas Statutes|Chapter 16 - Contracts And Promises|Article 15 - Swine Contracts And Marketing Pools|16-1502 Contract termination or cancellation; notification, time periods.

16-1502. Contract termination or cancellation; notification, time periods. (a) Except as provided in subsection (b), if a producer fails to comply with the provisions of a contract that requires a capital investment in excess of $100,000 or more and has a useful life of five years or more, a contractor may not terminate or cancel that contract until:(1) The contractor has given written notice with all the reasons for the termination or cancellation at least 90 days before termination or cancellation or as provided in subsection (b); and(2) the producer who receives the notice fails to correct the reasons stated for termination or cancellation in the notice within 60 days of receipt of the notice.(b) The 90-day notice period and 60-day notice period under subsection (a)(1) and (2) are waived and the contract may be terminated or canceled immediately if the alleged grounds for termination or cancellation are:(1) Voluntary abandonment of the contract relationship by the producer;(2) conviction of the producer of an offense directly related to the business contracted under the contract;(3) material breach of the contract by the producer;(4) a failure to care for the swine in accordance with good animal husbandry practices;(5) the bankruptcy or insolvency of the producer; or(6) an acceleration of any indebtedness secured by the property on which the swine are being raised.History: L. 1994, ch. 130, § 9; April 14.
KS Stat § 16-1503 (2021)
2021 Kansas Statutes|Chapter 16 - Contracts And Promises|Article 15 - Swine Contracts And Marketing Pools|16-1503 Swine marketing pools; creation, authorized acts.

16-1503. Swine marketing pools; creation, authorized acts. (a) For the benefit of orderly marketing of swine in Kansas and to facilitate the capture of markets by swine producers and to improve the quality of the state's swine herd, registered swine marketing pools may be created. To qualify for participation under this act a swine marketing pool created pursuant to this act must register with the secretary of agriculture. The secretary of agriculture will facilitate creation of swine marketing pools and information sharing to foster contract agreements between swine marketing pools and purchasers of hogs for slaughter. Such registration for any swine marketing pool may be revoked by the secretary of agriculture for failure to properly carry out its functions pursuant to subsection (b) subsequent to a hearing pursuant to the provisions of the Kansas administrative procedure act.(b) Swine marketing pools are hereby authorized to do the following on behalf of their members:(1) Assume debt;(2) enter and negotiate contracts for the sale and delivery of hogs;(3) own assets;(4) sue and be sued;(5) assist members to upgrade the quality of hogs marketed by the pool;(6) negotiate in good faith for timely completion and quality assurance of swine marketing contracts; and(7) perform any other activities to achieve the goals and objectives of the swine marketing pool.History: L. 1994, ch. 130, § 10; L. 2004, ch. 101, § 65; July 1.
KS Stat § 16-1504 (2021)
2021 Kansas Statutes|Chapter 16 - Contracts And Promises|Article 15 - Swine Contracts And Marketing Pools|16-1504 Contractor requirements for establishing a swine production facility.

16-1504. Contractor requirements for establishing a swine production facility. (a) Any contractor who establishes a swine production facility in this state or who contracts for the production or raising of hogs in this state shall:(1) Provide fair and open access to all registered swine marketing pools and actively negotiate in good faith with all registered swine marketing pools who desire to market hogs to that contractor;(2) provide to all registered swine marketing pools on a regular basis descriptive data concerning carcass efficiency value;(3) pay a fair price; and(4) make all payments promptly pursuant to the requirements of applicable federal and state law.(b) For the purposes of this section, the terms contractor and producer shall have the meaning ascribed to them in K.S.A. 16-1501.(c) Nothing in this section shall prohibit any contractor from purchasing hogs from any other business entity or from refusing to purchase and/or discounting hogs which do not meet the contractor's quality specifications or delivery terms.(d) Nothing in this section shall prevent a marketing pool from selling hogs to any other business entity.History: L. 1994, ch. 130, § 11; April 14.
KS Stat § 16-1505 (2021)
2021 Kansas Statutes|Chapter 16 - Contracts And Promises|Article 15 - Swine Contracts And Marketing Pools|16-1505 Contract language required concerning mediation or arbitration.

16-1505. Contract language required concerning mediation or arbitration. Any swine purchasing contract, swine marketing contract or swine production contract between a contractor and a swine production facility owner or swine marketing pool or swine producer shall contain language providing for resolution of contract disputes by either mediation or arbitration. If there is a contract dispute the parties may submit the disputed issue to an arbitrator or mediator selected by the parties pursuant to the contract provisions. All arbitration proceedings held pursuant to this act shall follow the procedures set forth in K.S.A. 5-201 et seq., and amendments thereto. If the parties cannot agree upon a mediator or arbitrator, either party may make a written request to the secretary of agriculture for mediation or arbitration services to facilitate resolution of the dispute.History: L. 1994, ch. 130, § 12; L. 2004, ch. 101, § 66; July 1.
KS Stat § 16-1506 (2021)
2021 Kansas Statutes|Chapter 16 - Contracts And Promises|Article 15 - Swine Contracts And Marketing Pools|16-1506 Secretary of agriculture promulgates rules and regulations.

16-1506. Secretary of agriculture promulgates rules and regulations. The secretary of agriculture may promulgate rules and regulations to implement the provisions of K.S.A. 16-1501 through 16-1505.History: L. 1994, ch. 130, § 13; April 14.
KS Stat § 16-1601 (2021)
2021 Kansas Statutes|Chapter 16 - Contracts And Promises|Article 16 - Electronic Transactions|16-1601 Short title.

16-1601. Short title. This act shall be known and may be cited as the uniform electronic transactions act.History: L. 2000, ch. 120, § 1; July 1.
KS Stat § 16-1603 (2021)
2021 Kansas Statutes|Chapter 16 - Contracts And Promises|Article 16 - Electronic Transactions|16-1603 Scope.

16-1603. Scope. (a) Except as otherwise provided in subsection (b), this act applies to electronic records and electronic signatures relating to a transaction.(b) This act does not apply to a transaction to the extent it is governed by:(1) A law governing the creation and execution of wills, codicils or testamentary trusts; and(2) the uniform commercial code, other than K.S.A. 2021 Supp. 84-1-306 and articles 2 and 2a of chapter 84 of the Kansas Statutes Annotated, and amendments thereto.(c) This act applies to an electronic record or electronic signature otherwise excluded from the application of this act under subsection (b) to the extent it is governed by a law other than those specified in subsection (b).(d) A transaction subject to this act is also subject to other applicable substantive law.History: L. 2000, ch. 120, § 3; L. 2007, ch. 89, § 26; July 1, 2008.
KS Stat § 16-1604 (2021)
2021 Kansas Statutes|Chapter 16 - Contracts And Promises|Article 16 - Electronic Transactions|16-1604 Prospective application.

16-1604. Prospective application. This act applies to any electronic record or electronic signature created, generated, sent, communicated, received or stored on or after the effective date of this act.History: L. 2000, ch. 120, § 4; July 1.
KS Stat § 16-1605 (2021)
2021 Kansas Statutes|Chapter 16 - Contracts And Promises|Article 16 - Electronic Transactions|16-1605 Use of electronic records and electronic signatures; state agency written standards governing use of electronic signatures; rules and regulations governing use of digital signatures by state agencies.

16-1605. Use of electronic records and electronic signatures; state agency written standards governing use of electronic signatures; rules and regulations governing use of digital signatures by state agencies. (a) This act does not require a record or signature to be created, generated, sent, communicated, received, stored or otherwise processed or used by electronic means or in electronic form.(b) This act applies only to transactions between parties each of which has agreed to conduct transactions by electronic means. Whether the parties agree to conduct a transaction by electronic means is determined from the context and surrounding circumstances, including the parties' conduct.(c) A party that agrees to conduct a transaction by electronic means may refuse to conduct other transactions by electronic means. The right granted by this subsection may not be waived by agreement.(d) Except as otherwise provided in this act, the effect of any of its provisions may be varied by agreement. The presence in certain provisions of this act of the words "unless otherwise agreed", or words of similar import, does not imply that the effect of other provisions may not be varied by agreement.(e) Whether an electronic record or electronic signature has legal consequences is determined by this act and other applicable law.(f) The uniform electronic transactions act does not require any person to use electronic signatures.(g) Any state agency that offers or provides the option of using an electronic signature to persons doing business with that state agency shall establish written standards governing the use of those electronic signatures as follows:(1) On or before December 31, 2002, for electronic signature applications that are in use by the state agency before July 1, 2002; or(2) before offering or providing the option of using an electronic signature for any applications implemented on or after July 1, 2002.(h) The uniform electronic transactions act does not require any person to use or permit the use of digital signatures.(i) The secretary of state shall adopt rules and regulations governing the use of digital signatures by state agencies. Each state agency offering or providing the option of using a digital signature to persons doing business with that state agency shall implement digital signatures in a manner consistent with the regulations of the secretary of state, except that the state agency may adopt rules and regulations governing that agency's use of digital signatures that exceed the minimum standards established by the rules and regulations of the secretary of state.History: L. 2000, ch. 120, § 5; L. 2002, ch. 183, § 4; July 1.
KS Stat § 16-1606 (2021)
2021 Kansas Statutes|Chapter 16 - Contracts And Promises|Article 16 - Electronic Transactions|16-1606 Construction and application.

16-1606. Construction and application. This act must be construed and applied:(a) To facilitate electronic transactions consistent with other applicable law;(b) to be consistent with reasonable practices concerning electronic transactions and with the continued expansion of those practices; and(c) to effectuate its general purpose to make uniform the law with respect to the subject of this act among states enacting it.History: L. 2000, ch. 120, § 6; July 1.
KS Stat § 16-1607 (2021)
2021 Kansas Statutes|Chapter 16 - Contracts And Promises|Article 16 - Electronic Transactions|16-1607 Legal recognition of electronic records, electronic signatures and electronic contracts.

16-1607. Legal recognition of electronic records, electronic signatures and electronic contracts. (a) A record or signature may not be denied legal effect or enforceability solely because it is in electronic form.(b) A contract may not be denied legal effect or enforceability solely because an electronic record was used in its formation.(c) If a law requires a record to be in writing, an electronic record satisfies the law.(d) If a law requires a signature, an electronic signature satisfies the law.History: L. 2000, ch. 120, § 7; July 1.