reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 16 - Contracts And Promises › Article 8 - Truth In Lending › 16-844 Definitions.

16-844.
Definitions.
As used in this act: (a) The term "adequate notice" means a printed notice to a cardholder which sets forth the pertinent facts clearly and conspicuously so that a person against whom it is to operate could reasonably be expected to have noticed it and understood its meaning. Such notice may be given to a cardholder by printing the notice on any credit card, or on each periodic statement of account, issued to the cardholder, or by any other means reasonably assuring the receipt thereof by the cardholder.
(b) The term "credit card" means any card, plate, coupon book or other credit device existing for the purpose of obtaining money, property, labor, or services on credit.
(c) The term "accepted credit card" means any credit card which the cardholder has requested and received or has signed or has used, or authorized another to use, for the purpose of obtaining money, property, or services on credit.
(d) The term "cardholder" means any person to whom a credit card is issued or any person who has agreed with the card issuer to pay obligations arising from the issuance of a credit card to another person.
(e) The term "card issuer" means any person who issues a credit card, or the agent of such person with respect to such card.
(f) The term "unauthorized use" means a use of a credit card by a person other than the cardholder who does not have actual, implied, or apparent authority for use and from which the cardholder receives no benefit.
History:
L. 1972, ch. 209, § 4; July 1.
2023 Kansas Statutes › Chapter 16 - Contracts And Promises › Article 10 - Contracts To Maintain Stock Of Farm Equipment › 16-1001 Definitions.

16-1001.
Definitions.
As used in this act:
(a) "Current model" means a model listed in the wholesaler's, manufacturer's or distributor's current sales manuals or any supplements thereto.
(b) "Current net price" means the price listed in the wholesaler's, manufacturer's or distributor's price list or catalogue in effect at the time the contract is cancelled or discontinued, less any applicable trade and cash discounts.
(c) "Net cost" means the price the retailer actually paid for the merchandise to the wholesaler, manufacturer or distributor, plus freight from the wholesaler's, manufacturer's or distributor's location to the retailer's location at carload (30,000 pounds) rates.
History:
L. 1976, ch. 95, § 1; July 1.
2023 Kansas Statutes › Chapter 16 - Contracts And Promises › Article 10 - Contracts To Maintain Stock Of Farm Equipment › 16-1003 Repurchase not required, when.

16-1003.
Repurchase not required, when.
(a) The provisions of this act shall not require the repurchase from a retailer of:
(1) Any repair part which is in a broken or damaged package;
(2) any single repair part which is priced as a set of two or more items;
(3) any repair part which because of its condition is not resalable as a new part without repackaging or reconditioning;
(4) any farm implements, machinery, attachments or repair parts for which the retailer is unable to furnish evidence, satisfactory to the wholesaler, manufacturer or distributor, of clear title, free and clear of all claims, liens and encumbrances;
(5) any farm implements, machinery, attachments or repair parts which the retailer desires to keep, provided the retailer has a contractual right to do so;
(6) any farm implements, machinery and attachments which are not current models or which are not in new, unused, undamaged, complete condition;
(7) any repair parts which are not in new, unused, undamaged condition;
(8) any farm implements, machinery or attachments which were purchased prior to the beginning of the 24-month period immediately preceding the date of notification of termination;
(9) any farm implements, machinery, attachments or repair parts which were ordered by retailer on or after the date of notification of termination; or
(10) any farm implements, machinery, attachments or repair parts which were acquired by the retailer from any source other than the wholesaler, manufacturer, distributor or transferee of such wholesaler, manufacturer or distributor, unless such farm implements, machinery, attachments or repair parts were ordered from, invoiced to the retailer by or financed to the retailer by the wholesaler, manufacturer or distributor or transferee of such wholesaler, manufacturer or distributor.
(b) Any repair part which is not excluded from the repurchase obligations established under K.S.A. 16-1002 and 16-1005, and amendments thereto, by this section, as amended by this act, and the repurchase of which is in dispute on the effective date of this act shall be subject to the repurchase obligations established under K.S.A. 16-1002 and 16-1005, and amendments thereto.
History:
L. 1976, ch. 95, § 3; L. 1987, ch. 79, § 2; L. 1989, ch. 72, § 1; L. 2002, ch. 67, § 1; July 1.
2023 Kansas Statutes › Chapter 16 - Contracts And Promises › Article 10 - Contracts To Maintain Stock Of Farm Equipment › 16-1004 Failure to make repurchase or allow credit; liability in civil action.

16-1004.
Failure to make repurchase or allow credit; liability in civil action.
In the event that any manufacturer, wholesaler or distributor of farm implements, machinery, attachments or repair parts therefor, upon cancellation of a contract by either a retailer or a manufacturer, wholesaler or distributor, fails or refuses to make payment or allow credit to such retailer as required by K.S.A. 16-1002, and amendments thereto, such manufacturer, wholesaler or distributor shall be liable in a civil action to be brought by such retailer for the actual costs of the action, including attorney, paralegal and expert witness fees; for 100% of the net cost of such farm implements, machinery and attachments and 100% of the current net price of repair parts, plus 5% for handling, packing and loading plus freight charges which have been paid by the retailer.
History:
L. 1976, ch. 95, § 4; L. 2000, ch. 84, § 2; July 1.
2023 Kansas Statutes › Chapter 16 - Contracts And Promises › Article 10 - Contracts To Maintain Stock Of Farm Equipment › 16-1005 Death of retailer or majority stockholder of corporation retailing farm equipment or repair parts.

16-1005.
Death of retailer or majority stockholder of corporation retailing farm equipment or repair parts.
In the event of the death of the retail dealer or majority stockholder in a corporation operating a retail dealership in the business of selling and retailing farm implements, machinery, attachments or repair parts therefor, the wholesaler, distributor or manufacturer who supplied such merchandise shall repurchase from the heir or heirs of such retail dealer or majority stockholder such merchandise under the same terms and conditions as if the wholesaler, manufacturer or distributor had terminated the contract. Nothing in this act shall require the repurchase of any farm implements, machinery, attachments or repair parts therefor if the heir or heirs, and the wholesaler, manufacturer or distributor jointly agree to enter into a new contract to operate the retail dealership.
History:
L. 1976, ch. 95, § 5; July 1.
2023 Kansas Statutes › Chapter 16 - Contracts And Promises › Article 10 - Contracts To Maintain Stock Of Farm Equipment › 16-1006 Severability of act.

16-1006.
Severability of act.
If any section in this act or any part of any section shall be declared invalid or unconstitutional, such declaration of invalidity shall not affect the validity of the remaining portions thereof.
History:
L. 1976, ch. 95, § 6; July 1.
2023 Kansas Statutes › Chapter 16 - Contracts And Promises › Article 10 - Contracts To Maintain Stock Of Farm Equipment › 16-1007 Repurchase obligations in bankruptcy.

16-1007.
Repurchase obligations in bankruptcy.
(a) K.S.A. 16-1002, and amendments thereto, shall apply to the repurchase obligation of any wholesaler, manufacturer, distributor or transferee of any wholesaler, manufacturer or distributor who has filed on or files subsequent to the effective date of this act for protection from creditors pursuant to 11 United States Code 101 et seq.
(b) K.S.A. 16-1002, and amendments thereto, shall apply to the repurchase obligation of any wholesaler, manufacturer, distributor or transferee of any wholesaler, manufacturer or distributor who has a case pending on the effective date of this act for protection from creditors pursuant to 11 United States Code 101 et seq.
(c) This section shall be part of and supplemental to article 10 of chapter 16 of the Kansas Statutes Annotated.
History:
L. 1989, ch. 71, § 2; April 20.
2023 Kansas Statutes › Chapter 16 - Contracts And Promises › Article 12 - Farm Equipment Dealership Agreements › 16-1201 Purpose.

16-1201.
Purpose.
The purpose of this act is to prevent arbitrary or abusive conduct and to preserve and enhance the reasonable expectations for success in the business of distributing farm equipment.
History:
L. 1986, ch. 2, § 1; July 1.
2023 Kansas Statutes › Chapter 16 - Contracts And Promises › Article 12 - Farm Equipment Dealership Agreements › 16-1202 Definitions.

16-1202.
Definitions.
As used in this act:
(a) "Farm equipment" means equipment including, but not limited to, tractors, trailers, combines, tillage implements, bailers and other equipment, including attachments and repair parts therefor, used in planting, cultivating, irrigation, harvesting and marketing of agricultural products, excluding self-propelled machines designed primarily for the transportation of persons or property on a street or highway.
(b) "Farm equipment manufacturer" means any person, partnership, corporation, association or other form of business enterprise engaged in the manufacturing, assembly or wholesale distribution of farm equipment.
(c) "Farm equipment dealer" or "farm equipment dealership" means any person, partnership, corporation, association or other form of business enterprise engaged in the retail sale of farm equipment.
(d) "Dealership agreement" means an oral or written agreement of definite or indefinite duration between a farm equipment manufacturer and a farm equipment dealer which provides for the rights and obligations of the parties with respect to the purchase or sale of farm equipment.
History:
L. 1986, ch. 2, § 2; July 1.
2023 Kansas Statutes › Chapter 16 - Contracts And Promises › Article 12 - Farm Equipment Dealership Agreements › 16-1203 Change of farm equipment dealership agreements; restrictions.

16-1203.
Change of farm equipment dealership agreements; restrictions.
No farm equipment manufacturer, directly or through any officer, agent or employee may terminate, cancel, fail to renew or substantially change the competitive circumstances of a dealership agreement without good cause. For the purposes of this subsection, good cause means and includes the failure by a farm equipment dealer to substantially comply with essential and reasonable requirements imposed upon the dealer by the dealership agreement, provided such requirements are not different from those requirements imposed on other similarly situated dealers either by their terms or in the manner of their enforcement. In addition, good cause shall exist whenever:
(a) The farm equipment dealer has transferred an interest in the farm equipment dealership without the manufacturer's consent, or there has been a withdrawal from the dealership of an individual proprietor, partner, major shareholder, or the manager of the dealership, or there has been a substantial reduction in interest of a partner or major stockholder without the consent of the manufacturer;
(b) the farm equipment dealer 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 filing, or there has been a closeout or sale of a substantial part of the dealer's assets related to the farm equipment business, or there has been a commencement of dissolution or liquidation of the dealer;
(c) there has been a change, without the prior written approval of the manufacturer, in the location of the dealer's principal place of business under the dealership agreement;
(d) the farm equipment dealer has defaulted under any chattel mortgage or other security agreement between the dealer and the farm equipment manufacturer, or there has been a revocation or discontinuance of any guarantee of the dealer's present or future obligations to the farm equipment manufacturer;
(e) the farm equipment dealer has failed to operate in the normal course of business for seven consecutive days or has otherwise abandoned its business;
(f) the farm equipment dealer has pleaded guilty to or has been convicted of a felony affecting the relationship between the dealer and manufacturer;
(g) the dealer has engaged in conduct which is injurious or detrimental to the dealer's customers or to the public welfare;
(h) the farm equipment dealer has consistently failed to meet the manufacturer's requirements for reasonable market penetration based on the manufacturer's experience in other comparable marketing areas.
History:
L. 1986, ch. 2, § 3; July 1.
2023 Kansas Statutes › Chapter 16 - Contracts And Promises › Article 12 - Farm Equipment Dealership Agreements › 16-1204 Notice of termination, cancellation or nonrenewal of dealership agreement; cure of deficiency; approval of dealership transfer.

16-1204.
Notice of termination, cancellation or nonrenewal of dealership agreement; cure of deficiency; approval of dealership transfer.
(a) Except as otherwise provided in this section, a farm equipment manufacturer shall provide a farm equipment dealer at least ninety-days' prior written notice of termination, cancellation or nonrenewal of the dealership agreement. 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. 16-1203, and amendments thereto.
(b) In the event that a farm equipment manufacturer has contractual authority to approve or deny a request by a farm equipment dealer to sell or transfer any portion the dealer's business ownership to another party or to enter into an agreement to operate the dealership with another party, the manufacturer shall approve or deny such a request within 90 days after receiving the request. If the manufacturer has neither approved nor denied the request within 90 days, the request shall be deemed approved. The farm equipment dealer's request shall include the reasonable financial information, personal background, character references and work histories as required by the manufacturer to render such a determination. In the event the manufacturer denies the request, the manufacturer shall provide the farm equipment dealer with a written notice of its determination with the stated reasons for the denial.
History:
L. 1986, ch. 2, § 4; L. 1998, ch. 79, § 1; July 1.
2023 Kansas Statutes › Chapter 16 - Contracts And Promises › Article 12 - Farm Equipment Dealership Agreements › 16-1205 Violations of act.

16-1205.
Violations of act.
(a) It is a violation of this act for a farm equipment manufacturer to coerce, or attempt to coerce, any farm equipment dealer to accept delivery of any farm equipment, parts or accessories therefor, which the farm equipment dealer has not voluntarily ordered.
(b) It is a violation of this act for a farm equipment manufacturer: (1) To condition, or attempt to condition, the sale of any farm equipment on a requirement that the farm equipment dealer also purchase other goods or services; except that nothing herein shall prohibit a farm equipment manufacturer from requiring the dealer to purchase all parts reasonably necessary to maintain the quality of operation in the field of any farm equipment used in such dealer's trade area; (2) to coerce or attempt to coerce any farm equipment dealer into a refusal to purchase the farm equipment manufactured by another farm equipment manufacturer; or (3) to discriminate in the prices charged for farm equipment of like grade and quality sold by the farm equipment manufacturer to similarly situated farm equipment dealers, except that nothing herein shall prevent differentials which make only due allowance for differences in the cost of manufacture, sale or delivery resulting from the differing methods or quantities in which such farm equipment is sold or delivered, by the farm equipment manufacturer.
History:
L. 1986, ch. 2, § 5; July 1.
2023 Kansas Statutes › Chapter 16 - Contracts And Promises › Article 12 - Farm Equipment Dealership Agreements › 16-1206 Effect of act upon terms of dealership agreement.

16-1206.
Effect of act upon terms of dealership agreement.
Any term of a dealership agreement, either expressed or implied, which is inconsistent with the terms of this act shall be void and unenforceable and shall not waive any rights which are provided to any person by this act.
History:
L. 1986, ch. 2, § 6; July 1.
2023 Kansas Statutes › Chapter 16 - Contracts And Promises › Article 12 - Farm Equipment Dealership Agreements › 16-1207 Action for damages for violation of act; injunctive relief; remedies not exclusive.

16-1207.
Action for damages for violation of act; injunctive relief; remedies not exclusive.
If any farm equipment manufacturer violates any provision of this act, a farm equipment dealer may bring an action against such manufacturer in any court of competent jurisdiction for damages sustained by the dealer as a consequence of the manufacturer's violation, together with the actual costs of the action, including reasonable attorney fees, and the dealer also may be granted injunctive relief against unlawful termination, cancellation, nonrenewal or substantial change of competitive circumstances. 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. 1986, ch. 2, § 7; July 1.
2023 Kansas Statutes › Chapter 16 - Contracts And Promises › Article 13 - Outdoor Power Equipment Dealership Agreements › 16-1301 Purpose.

16-1301.
Purpose.
The purpose of this act is to prevent arbitrary or abusive conduct and to preserve and enhance the reasonable expectations for success in the business of distributing outdoor power equipment. The retail distribution of outdoor power equipment, as defined in this act, utilizing independent retail businesses operating under agreements with suppliers, vitally affects the general economy of the state, public interest, and public welfare, and it is necessary to regulate the business relations between the independent retailers and the outdoor power equipment suppliers.
History:
L. 1991, ch. 67, § 1; April 25.
2023 Kansas Statutes › Chapter 16 - Contracts And Promises › Article 13 - Outdoor Power Equipment Dealership Agreements › 16-1302 Definitions.

16-1302.
Definitions.
As used in this act:
(a) "Outdoor power equipment" means and includes machinery, equipment, attachments or repair parts therefor, used for industrial, construction, maintenance or utility purposes.
(b) "Retailer" means any person, partnership, firm, corporation, association, or other form of business enterprise engaged in the business of:
(1) Selling or leasing outdoor power equipment to the ultimate consumer thereof; and
(2) repairing or servicing outdoor power equipment.
(c) "Contract" means either a written or parol agreement or arrangement for a definite or indefinite period between a retailer and a supplier which provides for the rights and obligations of the parties with respect to the purchase or sale of outdoor power equipment, and which agreement, regardless of the retailer's territorial scope, contemplates the establishment or maintenance by the retailer of a location within the state of Kansas at which outdoor power equipment and services for the same are displayed, and offered or demonstrated for sale.
(d) "Net cost" means the amount of money actually paid by a retailer to the supplier.
(e) "Current net price" means the price listed in a supplier's price list or catalogue in effect on the date of termination of a contract, less any applicable trade and cash discounts.
(f) "Supplier" means any person, partnership, corporation, association, or any and all other forms of business enterprise engaged in the business of manufacturing, assembly or wholesale distribution of outdoor power equipment. The term "supplier" and the provisions of this act shall be interpreted liberally, with regard to the equities of the retailer, and in a manner not limited to traditional doctrines of corporate successor liability, and the obligations of a supplier hereunder shall consequently apply to any actual successor in interest to a supplier, including but not limited to, a purchaser of substantial assets or substantial stock, any receiver, trustee or assignee, or any surviving corporation resulting from a merger, liquidation or reorganization of the original or any intermediate successor supplier.
History:
L. 1991, ch. 67, § 2; April 25.
2023 Kansas Statutes › Chapter 16 - Contracts And Promises › Article 13 - Outdoor Power Equipment Dealership Agreements › 16-1303 Change of outdoor power equipment dealership contracts; restrictions.

16-1303.
Change of outdoor power equipment dealership contracts; restrictions.
(a) Whenever any retailer enters into a contract with a supplier and such supplier or retailer terminates, cancels, fails to renew, or in fact substantially discontinues such contract, such supplier shall pay to such retailer, or credit to such retailer's account, if and only to the extent that the retailer has outstanding sums owing the supplier, unless the retailer should desire to keep all or part of such merchandise, a sum equal to 100% of the net cost of all new, unused, undamaged and complete outdoor power equipment, including transportation charges which have been paid by such retailer, and 95% of the current net prices of new, unused and undamaged repair parts which had previously been purchased from such supplier preceding the date of notification of the termination, and held by such retailer on the date of the cancellation or discontinuance of such contract. The supplier also shall pay such retailer a sum equal to 5% of the current net price of all parts returned for the handling, packing and loading of such parts for return to the supplier, except that such 5% shall not be paid or credited to the retailer if the supplier elects to perform the handling, packing, loading and transportation of the parts itself. Upon the payment of such sum, the title and right of possession of such outdoor power equipment and repair parts and other equipment shall then pass to the supplier making such payment, and such supplier shall then be entitled to the possession of such outdoor power equipment and repair parts. All payments required to be made under the provisions of this section must be made within 60 days after the return of the outdoor power equipment, repair parts or other equipment. After 60 days, all payments or allowances shall include interest calculated from the date of return at the rate prescribed in K.S.A. 16-204, and amendments thereto.
(b) The provisions of this section shall not be construed to affect in any way any security interest which the supplier may have in the inventory of the retailer, except that any repurchase hereunder shall not be subject to the provisions of the bulk sales law or to the claims of any secured or unsecured creditors of the supplier or any assignee or the supplier until such time the retailer has received payment in full, subject to any offset the retailer may owe to the supplier.
History:
L. 1991, ch. 67, § 3; L. 2000, ch. 84, § 3; July 1.
2023 Kansas Statutes › Chapter 16 - Contracts And Promises › Article 13 - Outdoor Power Equipment Dealership Agreements › 16-1304 Equipment not required to be repurchased.

16-1304.
Equipment not required to be repurchased.
The provisions of K.S.A. 16-1303, and amendments thereto, shall not require the repurchase from a retailer of any:
(a) Repair part which is in a broken or damaged package;
(b) single repair part which is priced as a set of two or more items;
(c) repair part which, because of its condition, is not resalable as a new part;
(d) inventory for which the retailer is unable to furnish evidence, satisfactory to the supplier, of title, free and clear of all claims, liens and encumbrances;
(e) inventory which the retailer desires to keep, and for which the retailer has a contractual right to do so;
(f) machines, equipment, and attachments which are not in new, unused, undamaged, or complete condition;
(g) repair parts which are not in new, unused, or undamaged condition;
(h) machines, equipment or attachments which were purchased 24 months or more prior to notice of termination of the contract;
(i) inventory which was ordered by the retailer on or after the date of notification of termination of the contract;
(j) inventory which was acquired by the retailer from any source other than the supplier or transferee of such supplier, unless such inventory was ordered from, invoiced to the retailer by or financed to the retailer by the supplier or transferee of such supplier; or
(k) part that has been removed from an engine or short block or piece of equipment or any part purchased separately that has been mounted or installed by the retailer on an engine or on equipment.
History:
L. 1991, ch. 67, § 4; L. 2002, ch. 67, § 2; July 1.
2023 Kansas Statutes › Chapter 16 - Contracts And Promises › Article 13 - Outdoor Power Equipment Dealership Agreements › 16-1305 Civil action; liabilities; costs.

16-1305.
Civil action; liabilities; costs.
In the event that any supplier, after such supplier or the retailer 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. 16-1303, 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. 16-1303, 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. 16-1304, and amendments thereto, may apply to except any particular item of outdoor power equipment from the terms of K.S.A. 16-1303, and amendments thereto.
History:
L. 1991, ch. 67, § 5; L. 2000, ch. 84, § 4; July 1.
2023 Kansas Statutes › Chapter 16 - Contracts And Promises › Article 13 - Outdoor Power Equipment Dealership Agreements › 16-1306 Changes not made without good cause; when good cause exists.

16-1306.
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. 1991, ch. 67, § 6; April 25.
2023 Kansas Statutes › Chapter 16 - Contracts And Promises › Article 13 - Outdoor Power Equipment Dealership Agreements › 16-1307 Notice of termination; right to cure; approval of transfer of retailer's business.

16-1307.
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. 16-1306.
(b) In the event that a "supplier" of outdoor power 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 after receiving such a request. If the supplier has neither approved nor denied 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. 1991, ch. 67, § 7; L. 1998, ch. 79, § 2; July 1.
2023 Kansas Statutes › Chapter 16 - Contracts And Promises › Article 13 - Outdoor Power Equipment Dealership Agreements › 16-1308 Remedies.

16-1308.
Remedies.
If any supplier violates any provisions of K.S.A. 16-1306 or 16-1307, 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. 1991, ch. 67, § 8; April 25.
2023 Kansas Statutes › Chapter 16 - Contracts And Promises › Article 13 - Outdoor Power Equipment Dealership Agreements › 16-1309 Effect of act upon contracts.

16-1309.
Effect of act upon contracts.
Except for subsection (b) of K.S.A. 16-1307, 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, 1991, and shall apply only to outdoor power equipment and repair parts purchased after the effective date of this act. The provisions of subsection (b) of K.S.A. 16-1307 shall apply only to those contracts executed after July 1, 1998. Any contract in force and effect on July 1, 1991, or with respect to the provisions of subsection (b) of K.S.A. 16-1307, and amendments thereto, 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. 1991, ch. 67, § 9; L. 1998, ch. 79, § 3; July 1.
2023 Kansas Statutes › Chapter 16 - Contracts And Promises › Article 13 - Outdoor Power Equipment Dealership Agreements › 16-1310 Remedies not exclusive.

16-1310.
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 outdoor power equipment and repair parts not affected by the contract or other remedies.
History:
L. 1991, ch. 67, § 10; April 25.
2023 Kansas Statutes › Chapter 16 - Contracts And Promises › Article 13 - Outdoor Power Equipment Dealership Agreements › 16-1311 Severability.

16-1311.
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. 1991, ch. 67, § 11; April 25.
2023 Kansas Statutes › Chapter 16 - Contracts And Promises › Article 14 - Lawn And Garden Equipment Dealership Agreements › 16-1401 Purpose.

16-1401.
Purpose.
The purpose of this act is to prevent arbitrary or abusive conduct and to preserve and enhance the reasonable expectations for success in the business of distributing lawn and garden equipment. The retail distribution of lawn and garden equipment, as defined in this act, utilizing independent retail businesses operating under agreements with suppliers, vitally affects the general economy of the state, public interest, and public welfare, and it is necessary to regulate the business relations between the independent retailers and the lawn and garden equipment suppliers.
History:
L. 1992, ch. 40, § 1; April 16.
2023 Kansas Statutes › Chapter 16 - Contracts And Promises › Article 14 - Lawn And Garden Equipment Dealership Agreements › 16-1402 Definitions.

16-1402.
Definitions.
As used in this act:
(a) "Equipment" means and includes machinery, equipment, attachments or repair parts therefor, used for lawn, garden, golf course, landscaping or grounds maintenance purposes.
(b) "Retailer" means any person, partnership, firm, corporation, association, or other form of business enterprise engaged in the business of:
(1) Selling or leasing lawn and garden equipment to the ultimate consumer thereof; and
(2) repairing or servicing lawn and garden equipment.
(c) "Contract" means either a written or parol agreement or arrangement for a definite or indefinite period between a retailer and a supplier which provides for the rights and obligations of the parties with respect to the purchase or sale of lawn and garden equipment, and which agreement, regardless of the retailer's territorial scope, contemplates the establishment or maintenance by the retailer of a location within the state of Kansas at which lawn and garden equipment and services for the same are displayed, and offered or demonstrated for sale.
(d) "Net cost" means the amount of money actually paid by a retailer to the supplier.
(e) "Current net price" means the price listed in a supplier's price list or catalogue in effect on the date of termination of a contract, less any applicable trade and cash discounts.
(f) "Supplier" means any person, partnership, corporation, association, or any and all other forms of business enterprise engaged in the business of manufacturing, assembly or wholesale distribution of lawn and garden equipment. The term "supplier" and the provisions of this act shall be interpreted liberally, with regard to the equities of the retailer, and in a manner not limited to traditional doctrines of corporate successor liability, and the obligations of a supplier hereunder shall consequently apply to any actual successor in interest to a supplier, including but not limited to, a purchaser of substantial assets or substantial stock, any receiver, trustee or assignee, or any surviving corporation resulting from a merger, liquidation or reorganization of the original or any intermediate successor supplier.
History:
L. 1992, ch. 40, § 2; April 16.
2023 Kansas Statutes › Chapter 16 - Contracts And Promises › Article 14 - Lawn And Garden Equipment Dealership Agreements › 16-1403 Change of lawn and garden equipment dealership contracts; restrictions.

16-1403.
Change of lawn and garden equipment dealership contracts; restrictions.
(a) Whenever any retailer enters into a contract with a supplier and such supplier or retailer terminates, cancels, fails to renew, or in fact substantially discontinues such contract, such supplier shall pay to such retailer, or credit to such retailer's account, if and only to the extent that the retailer has outstanding sums owing the supplier, unless the retailer should desire to keep all or part of such merchandise, a sum equal to 100% of the net cost of all new, unused, undamaged and complete lawn and garden equipment, including transportation charges which have been paid by such retailer, and 95% of the current net prices of new, unused and undamaged repair parts which had previously been purchased from such supplier preceding the date of notification of the termination, and held by such retailer on the date of the cancellation or discontinuance of such contract. The supplier also shall pay such retailer a sum equal to 5% of the current net price of all parts returned for the handling, packing and loading of such parts for return to the supplier, except that such 5% shall not be paid or credited to the retailer if the supplier elects to perform the handling, packing, loading and transportation of the parts itself. Upon the payment of such sum, the title and right of possession of such lawn and garden equipment and repair parts and other equipment shall then pass to the supplier making such payment, and such supplier shall then be entitled to the possession of such lawn and garden equipment and repair parts. All payments required to be made under the provisions of this section must be made within 60 days after the return of the lawn and garden equipment, repair parts or other equipment. After 60 days, all payments or allowances shall include interest calculated from the date of return at the rate prescribed in K.S.A. 16-204, and amendments thereto.
(b) The provisions of this section shall not be construed to affect in any way any security interest which the supplier may have in the inventory of the retailer, except that any repurchase hereunder shall not be subject to the provisions of the bulk sales law or to the claims of any secured or unsecured creditors of the supplier or any assignee or the supplier until such time the retailer has received payment in full, subject to any offset the retailer may owe to the supplier.
History:
L. 1992, ch. 40, § 3; L. 2000, ch. 84, § 5; July 1.
2023 Kansas Statutes › Chapter 16 - Contracts And Promises › Article 14 - Lawn And Garden Equipment Dealership Agreements › 16-1404 Equipment not required to be repurchased.

16-1404.
Equipment not required to be repurchased.
The provisions of K.S.A. 16-1403, and amendments thereto, shall not require the repurchase from a retailer of any:
(a) Repair part which is in a broken or damaged package;
(b) single repair part which is priced as a set of two or more items;
(c) repair part which, because of its condition, is not resalable as a new part;
(d) inventory for which the retailer is unable to furnish evidence, satisfactory to the supplier, of title, free and clear of all claims, liens and encumbrances;
(e) inventory which the retailer desires to keep, and for which the retailer has a contractual right to do so;
(f) machines, equipment, and attachments which are not in new, unused, undamaged, or complete condition;
(g) repair parts which are not in new, unused, or undamaged condition;
(h) machines, equipment or attachments which were purchased 24 months or more prior to notice of termination of the contract;
(i) inventory which was ordered by the retailer on or after the date of notification of termination of the contract;
(j) inventory which was acquired by the retailer from any source other than the supplier or transferee of such supplier, unless such inventory was ordered from, invoiced to the retailer by or financed to the retailer by the supplier or transferee of such supplier; or
(k) part that has been removed from an engine or short block or piece of equipment or any part purchased separately that has been mounted or installed by the retailer on an engine or on equipment.
History:
L. 1992, ch. 40, § 4; L. 2000, ch. 84, § 6; L. 2002, ch. 67, § 3; July 1.
2023 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.
2023 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.
2023 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.