16-1405. Civil action; liabilities; costs.
16-1405
16-1405. Civil action; liabilities; costs.
In the event that any supplier, after such supplier
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. 16-1403, 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. 16-1403, 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. 16-1404,
and amendments thereto, may
apply to except any particular item of lawn and garden equipment
from the terms of K.S.A. 16-1403, and amendments thereto.
History: L. 1992, ch. 40, § 5;
L. 2000, ch. 84, § 7; July 1.