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 consumerthereof; and

      (2)   repairing or servicing outdoor power equipment.

      (c)   "Contract" means either a written or parol agreement or arrangement fora definite or indefinite period between a retailer and a supplier whichprovides for the rights and obligations of the parties with respect to thepurchase or sale of outdoor power equipment, and which agreement, regardless ofthe retailer's territorial scope, contemplates the establishment or maintenanceby the retailer of a location within the state of Kansas at which outdoor powerequipment and services for the same are displayed, and offered or demonstratedfor sale.

      (d)   "Net cost" means the amount of money actually paid by a retailer to thesupplier.

      (e)   "Current net price" means the price listed in a supplier's price list orcatalogue in effect on the date of termination of a contract, less anyapplicable trade and cash discounts.

      (f)   "Supplier" means any person, partnership, corporation, association, orany and all other forms of business enterprise engaged in the business ofmanufacturing, assembly or wholesale distribution of outdoor power equipment. The term "supplier" and the provisions of this act shall be interpretedliberally, with regard to the equities of the retailer, and in a manner notlimited to traditional doctrines of corporate successor liability, and theobligations of a supplier hereunder shall consequently apply to any actualsuccessor in interest to a supplier, including but not limited to, a purchaserof substantial assets or substantial stock, any receiver, trustee or assignee,or any surviving corporation resulting from a merger, liquidation orreorganization of the original or any intermediate successor supplier.

      History:   L. 1991, ch. 67, § 2; April 25.