16-332.   Same; contract provisions.Any cemetery corporation entering into a prepaid merchandise contract shallprovide in such contract that:

      (a)   A purchaser, under a prepaid merchandise contract covered in thisact who permanently moves to another state in the United States, may directthat the merchandise, so long as the same is not a part of nor affixed toreal estate, be delivered to a cemetery in the state of the purchaser'sresidence, except that the purchaser may be required to pay the additionaltransportation costs which exceed those the cemetery would have incurredto provide and deliver the merchandise to the seller cemetery; or

      (b)   a purchaser who has entered into a prepaid merchandise contract coveredby this act may, upon the purchaser permanently changing residence to aplace more than 150 miles from the cemetery, cancel the contract upon writtennotice to the cemetery, which notice shall then be forwarded by the cemeteryto the trustee of the cemetery merchandise trust fund. Upon receipt ofsuch notice, the prepaid merchandise contract shall be cancelled, and thetrustee, after deducting that contract's share of applicable costs and taxesprovided for in K.S.A. 16-322, shall pay to the purchaser notless than 85% of the funds held in trust for the contract pursuant to thisact. The balance shall be paid to the cemetery corporation and the trusteeshall be discharged from further obligation as to such contract.

      History:   L. 1982, ch. 96, § 13; Jan. 1, 1983.