16-1307. Notice of termination; right to cure; approval of transfer of retailer's business.
16-1307
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 shall
provide a retailer at least 90 days' prior notice of termination, cancellation,
or nonrenewal of the contract. The notice shall state all reasons constituting
good cause for termination, cancellation or nonrenewal and shall provide that
the dealer has 60 days in which to cure any claimed deficiency. If the
deficiency is rectified within 60 days, the notice shall be void. The notice
and right to cure provisions under this section shall not apply if the reason
for termination, cancellation or nonrenewal is for any reason set forth in
subsections (a) through (h) of K.S.A. 16-1306.
(b) In the event that a "supplier" of outdoor power equipment has
contractual authority to approve or deny a request by a "retailer" to sell or
transfer any portion of the retailer's business ownership to another party or
to enter into an agreement to operate the dealership with another party, the
supplier shall approve or deny the request within 90 days after receiving such
a request.
If the supplier has
neither approved nor denied the request within 90 days, the request shall be
deemed approved.
The retailer's request shall include the reasonable financial
information, personal background, character references and work histories as
required by the supplier to render such a determination. In the event the
supplier denies the request, the supplier shall provide the retailer with a
written notice of its determination with the stated reasons for the denial.
History: L. 1991, ch. 67, § 7;
L. 1998, ch. 79, § 2; July 1.