16-1305.   Civil action; liabilities; costs.In the event that any supplier, after such supplier or theretailer terminates, cancels, fails to renew, or in fact substantiallydiscontinues such contract, fails or refuses to make payment to such retaileras required by the provisions of K.S.A. 16-1303, and amendments thereto,such supplier shallbe liable in acivil action to the retailer for the actual costs of the action, includingattorney, paralegal and expert witness fees; for interest as provided in K.S.A.16-1303, and amendments thereto; for 100% of the net cost ofsuch machinery, plustransportationcharges which have been paid by the retailer; and for 100% of the current netprice of the repair parts, plus 5% for handling, packing and loading plusfreight charges which have been paid by the retailer.In any such action, it shall be the burdenof the supplier to establish that the terms of K.S.A. 16-1304, andamendments thereto, mayapply to exceptany particular item of outdoor power equipment from the terms of K.S.A.16-1303, and amendments thereto.

      History:   L. 1991, ch. 67, § 5;L. 2000, ch. 84, § 4; July 1.