16-1003.   Same; repurchase not required,when.(a) The provisions of this act shall not require the repurchase from a retailerof:

      (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 notresalable as a new part without repackaging or reconditioning;

      (4)   any farm implements, machinery, attachments or repairparts for which the retailer is unable to furnish evidence, satisfactory tothe wholesaler, manufacturer or distributor, of clear title, free and clearof all claims, liens and encumbrances;

      (5)   any farm implements, machinery, attachments or repairparts which the retailer desires to keep, provided the retailer has acontractual right to do so;

      (6)   any farm implements, machinery and attachments which arenot current models or which are not in new, unused, undamaged, completecondition;

      (7)   any repair parts which are not in new, unused, undamaged condition;

      (8)   any farm implements, machinery or attachments which werepurchased prior to the beginning of the 24-month period immediatelypreceding the date of notification of termination;

      (9)   any farm implements, machinery, attachments or repairparts which were ordered by retailer on or after the date of notificationof termination; or

      (10)   any farm implements, machinery, attachments or repairparts which were acquired by the retailer from any source other than thewholesaler, manufacturer, distributor or transferee of such wholesaler,manufacturer or distributor, unless such farm implements, machinery,attachments or repair parts wereordered from, invoiced to the retailerby or financed to the retailerby the wholesaler, manufacturer or distributor or transferee ofsuch wholesaler, manufacturer or distributor.

      (b)   Any repair part which is not excluded from the repurchaseobligations established under K.S.A. 16-1002 and 16-1005, and amendmentsthereto, by this section, as amended by this act, and the repurchase ofwhich is in dispute on the effective date of this act shall be subject tothe 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.