16-1307

Chapter 16.--CONTRACTS AND PROMISES
Article 13.--OUTDOOR POWER EQUIPMENT DEALERSHIP AGREEMENTS

      16-1307.   Notice of termination; right to cure;approval of transfer of retailer's business.(a) Except as otherwise provided in this section, a supplier shallprovide a retailer at least 90 days' prior notice of termination, cancellation,or nonrenewal of the contract. The notice shall state all reasons constitutinggood cause for termination, cancellation or nonrenewal and shall provide thatthe dealer has 60 days in which to cure any claimed deficiency. If thedeficiency is rectified within 60 days, the notice shall be void. The noticeand right to cure provisions under this section shall not apply if the reasonfor termination, cancellation or nonrenewal is for any reason set forth insubsections (a) through (h) of K.S.A. 16-1306.

      (b)   In the event that a "supplier" of outdoor power equipment hascontractual authority to approve or deny a request by a "retailer" to sell ortransfer any portion of the retailer's business ownership to another party orto enter into an agreement to operate the dealership with another party, thesupplier shall approve or deny the request within 90 days after receiving sucha request.If the supplier hasneither approved nor denied the request within 90 days, the request shall bedeemed approved.The retailer's request shall include the reasonable financialinformation, personal background, character references and work histories asrequired by the supplier to render such a determination. In the event thesupplier denies the request, the supplier shall provide the retailer with awritten notice of its determination with the stated reasons for the denial.

      History:   L. 1991, ch. 67, § 7;L. 1998, ch. 79, § 2; July 1.