16-1304.   Equipment not required to berepurchased.The provisions of K.S.A. 16-1303, and amendments thereto, shall notrequire the repurchasefrom 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 newpart;

      (d)   inventory for which the retailer is unable to furnish evidence,satisfactory to the supplier, of title, free and clear of all claims, liens andencumbrances;

      (e)   inventory which the retailer desires to keep, and for which the retailerhas 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 ormore prior to notice of termination of the contract;

      (i)   inventory which was ordered by the retailer on or after the date ofnotification of termination of the contract;

      (j)   inventory which was acquired by the retailer from any source other thanthe supplier or transferee of such supplier, unless such inventory wasordered from, invoiced to the retailerby or financed to the retailerby the supplier ortransferee of such supplier; or

      (k)   part that has been removed from an engine or short block or piece ofequipment or any part purchased separately that has been mounted or installedby the retailer on an engine or on equipment.

      History:   L. 1991, ch. 67, § 4;L. 2002, ch. 67, § 2; July 1.