16-1305. Civil action; liabilities; costs.
16-1305
16-1305. Civil action; liabilities; costs.
In the event that any supplier, after such supplier or the
retailer terminates, cancels, fails to renew, or in fact substantially
discontinues such contract, fails or refuses to make payment to such retailer
as required by the provisions of K.S.A. 16-1303, and amendments thereto,
such supplier shall
be liable in a
civil action to the retailer for the actual costs of the action, including
attorney, paralegal and expert witness fees; for interest as provided in K.S.A.
16-1303, and amendments thereto; for 100% of the net cost of
such machinery, plus
transportation
charges which have been paid by the retailer; and for 100% of the current net
price of the repair parts, plus 5% for handling, packing and loading plus
freight charges which have been paid by the retailer.
In any such action, it shall be the burden
of the supplier to establish that the terms of K.S.A. 16-1304, and
amendments thereto, may
apply to except
any 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.