16-1003. Same; repurchase not required, when.
16-1003
16-1003. Same; 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.