16-1405.   Civil action; liabilities; costs.In the event that any supplier, after such supplierterminates, cancels, fails to renew, or in fact substantially discontinuessuch contract, fails or refuses to make payment to such retailer as requiredby the provisions of K.S.A. 16-1403, and amendments thereto, suchsupplier shall be liablein a civilaction to the retailer for the actual costs of the action, includingattorney, paralegal and expert witness fees; for interest as provided inK.S.A. 16-1403, and amendments thereto; for 100% of the netcost of such machinery, plustransportation charges which have been paid by the retailer; and for 100% ofthe current net price of the repair parts, plus 5% for handling, packing andloading plus freight charges which have been paid by the retailer. In anysuch action, it shall bethe burden of the supplier to establish that the terms of K.S.A. 16-1404,and amendments thereto, mayapply to except any particular item of lawn and garden equipmentfrom the terms of K.S.A. 16-1403, and amendments thereto.

      History:   L. 1992, ch. 40, § 5;L. 2000, ch. 84, § 7; July 1.