16-1404.   Equipment not required to berepurchased.The provisions of K.S.A. 16-1403, and amendments thereto, shall notrequire the repurchasefrom a retailer of any:

      (a)   Repair part which is in a broken or damaged package;

      (b)   single repair part which is priced as a set of two or more items;

      (c)   repair part which, because of its condition, is not resalable as anew part;

      (d)   inventory for which the retailer is unable to furnish evidence,satisfactory to the supplier, of title, free and clear of all claims, liensand encumbrances;

      (e)   inventory which the retailer desires to keep, and for which theretailer has a contractual right to do so;

      (f)   machines, equipment, and attachments which are not in new, unused,undamaged, or complete condition;

      (g)   repair parts which are not in new, unused, or undamaged condition;

      (h)   machines, equipment or attachments which were purchased24 monthsor more prior to notice of termination of the contract;

      (i)   inventory which was ordered by the retailer on or after the dateof notification of termination of the contract;

      (j)   inventory which was acquired by the retailer from any source otherthan the supplier or transferee of such supplier, unless such inventory wasordered from, invoiced to the retailerby or financed to the retailerby the supplier ortransferee of such supplier; or

      (k)   part that has been removed from an engine or short block or pieceof equipment or any part purchased separately that has been mounted orinstalled by the retailer on an engine or on equipment.

      History:   L. 1992, ch. 40, § 4;L. 2000, ch. 84, § 6;L. 2002, ch. 67, § 3; July 1.