16-1304. Equipment not required to be repurchased.
16-1304
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.