16-1402.   Definitions.As used in this act:

      (a)   "Equipment" means and includes machinery, equipment, attachmentsor repair parts therefor, used for lawn, garden, golf course, landscaping orgrounds maintenance purposes.

      (b)   "Retailer" means any person, partnership, firm, corporation,association, or other form of business enterprise engaged in the businessof:

      (1)   Selling or leasing lawn and garden equipment to the ultimateconsumer thereof; and

      (2)   repairing or servicing lawn and garden equipment.

      (c)   "Contract" means either a written or parol agreement orarrangement for a definite or indefinite period between a retailer and asupplier which provides for the rights and obligations of the parties withrespect to the purchase or sale of lawn and garden equipment, and whichagreement, regardless of the retailer's territorial scope, contemplates theestablishment or maintenance by the retailer of a location within the stateof Kansas at which lawn and garden equipment and services for the same aredisplayed, and offered or demonstrated for sale.

      (d)   "Net cost" means the amount of money actually paid by a retailerto the supplier.

      (e)   "Current net price" means the price listed in a supplier's pricelist or catalogue in effect on the date of termination of a contract, lessany applicable trade and cash discounts.

      (f)   "Supplier" means any person, partnership, corporation,association, or any and all other forms of business enterprise engaged inthe business of manufacturing, assembly or wholesale distribution of lawnand garden equipment. The term "supplier" and the provisions of this actshall be interpreted liberally, with regard to the equities of the retailer,and in a manner not limited to traditional doctrines of corporate successorliability, and the obligations of a supplier hereunder shall consequentlyapply to any actual successor in interest to a supplier, including but notlimited to, a purchaser of substantial assets or substantial stock, anyreceiver, trustee or assignee, or any surviving corporation resulting from amerger, liquidation or reorganization of the original or any intermediatesuccessor supplier.

      History:   L. 1992, ch. 40, § 2; April 16.