16-1407. Notice of termination; right to cure; approval of transfer of retailer's business.
16-1407
16-1407. 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. 16-1406.
(b) In the event that a supplier of lawn and garden 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 of receiving such a
request.
If the
supplier
has neither denied nor approved 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. 1992, ch. 40, § 7;
L. 1998, ch. 79, § 4; July 1.