Article 13.--OUTDOOR POWER EQUIPMENT DEALERSHIP AGREEMENTS
16-1303.Change of outdoor power equipment dealership contracts;
restrictions.
(a) Whenever any retailer enters into a contract with a supplier
and such supplier or retailer terminates, cancels, fails to renew, or in fact
substantially discontinues such contract, such supplier shall pay to such
retailer, or credit to such retailer's account, if and only to the extent that
the retailer has outstanding sums owing the supplier, unless the retailer
should desire to keep all or part of such merchandise, a sum equal to
100% of
the net cost of all new, unused, undamaged and complete outdoor power
equipment, including transportation charges which have been paid by such
retailer, and 95% of the current net prices of new, unused
and undamaged repair
parts which had previously been purchased from such supplier preceding the date
of notification of the termination, and held by such retailer on the date of
the cancellation or discontinuance of such contract.
The supplier also shall pay such retailer a sum equal to 5% of the current
net price of all parts returned for the handling, packing and loading of such
parts for return to the supplier, except that such 5% shall not be paid or
credited to the retailer if the supplier elects to perform the handling,
packing, loading and transportation of the parts itself.
Upon the
payment of such sum, the title and right of possession of such outdoor power
equipment and repair parts and other equipment shall then pass to the supplier
making such payment, and such supplier shall then be entitled to the possession
of such outdoor power equipment and repair parts.
All payments required to be made under the provisions of
this section must be made within 60 days after the return of
the outdoor power
equipment, repair parts or other equipment. After 60 days,
all payments or
allowances shall include interest calculated from the date of return at the
rate prescribed in K.S.A. 16-204, and amendments thereto.
(b) The provisions of this section shall not be construed to affect in any
way any security interest which the supplier may have in the inventory of the
retailer, except that any repurchase hereunder shall not be subject to the
provisions of the bulk sales law or to the claims of any secured or unsecured
creditors of the supplier or any assignee or the supplier until such time the
retailer has received payment in full, subject to any offset the retailer may
owe to the supplier.
History: L. 1991, ch. 67, § 3;
L. 2000, ch. 84, § 3; July 1.
Article 13.--OUTDOOR POWER EQUIPMENT DEALERSHIP AGREEMENTS
16-1303.Change of outdoor power equipment dealership contracts;
restrictions.
(a) Whenever any retailer enters into a contract with a supplier
and such supplier or retailer terminates, cancels, fails to renew, or in fact
substantially discontinues such contract, such supplier shall pay to such
retailer, or credit to such retailer's account, if and only to the extent that
the retailer has outstanding sums owing the supplier, unless the retailer
should desire to keep all or part of such merchandise, a sum equal to
100% of
the net cost of all new, unused, undamaged and complete outdoor power
equipment, including transportation charges which have been paid by such
retailer, and 95% of the current net prices of new, unused
and undamaged repair
parts which had previously been purchased from such supplier preceding the date
of notification of the termination, and held by such retailer on the date of
the cancellation or discontinuance of such contract.
The supplier also shall pay such retailer a sum equal to 5% of the current
net price of all parts returned for the handling, packing and loading of such
parts for return to the supplier, except that such 5% shall not be paid or
credited to the retailer if the supplier elects to perform the handling,
packing, loading and transportation of the parts itself.
Upon the
payment of such sum, the title and right of possession of such outdoor power
equipment and repair parts and other equipment shall then pass to the supplier
making such payment, and such supplier shall then be entitled to the possession
of such outdoor power equipment and repair parts.
All payments required to be made under the provisions of
this section must be made within 60 days after the return of
the outdoor power
equipment, repair parts or other equipment. After 60 days,
all payments or
allowances shall include interest calculated from the date of return at the
rate prescribed in K.S.A. 16-204, and amendments thereto.
(b) The provisions of this section shall not be construed to affect in any
way any security interest which the supplier may have in the inventory of the
retailer, except that any repurchase hereunder shall not be subject to the
provisions of the bulk sales law or to the claims of any secured or unsecured
creditors of the supplier or any assignee or the supplier until such time the
retailer has received payment in full, subject to any offset the retailer may
owe to the supplier.
History: L. 1991, ch. 67, § 3;
L. 2000, ch. 84, § 3; July 1.
Article 13.--OUTDOOR POWER EQUIPMENT DEALERSHIP AGREEMENTS
16-1303.Change of outdoor power equipment dealership contracts;
restrictions.
(a) Whenever any retailer enters into a contract with a supplier
and such supplier or retailer terminates, cancels, fails to renew, or in fact
substantially discontinues such contract, such supplier shall pay to such
retailer, or credit to such retailer's account, if and only to the extent that
the retailer has outstanding sums owing the supplier, unless the retailer
should desire to keep all or part of such merchandise, a sum equal to
100% of
the net cost of all new, unused, undamaged and complete outdoor power
equipment, including transportation charges which have been paid by such
retailer, and 95% of the current net prices of new, unused
and undamaged repair
parts which had previously been purchased from such supplier preceding the date
of notification of the termination, and held by such retailer on the date of
the cancellation or discontinuance of such contract.
The supplier also shall pay such retailer a sum equal to 5% of the current
net price of all parts returned for the handling, packing and loading of such
parts for return to the supplier, except that such 5% shall not be paid or
credited to the retailer if the supplier elects to perform the handling,
packing, loading and transportation of the parts itself.
Upon the
payment of such sum, the title and right of possession of such outdoor power
equipment and repair parts and other equipment shall then pass to the supplier
making such payment, and such supplier shall then be entitled to the possession
of such outdoor power equipment and repair parts.
All payments required to be made under the provisions of
this section must be made within 60 days after the return of
the outdoor power
equipment, repair parts or other equipment. After 60 days,
all payments or
allowances shall include interest calculated from the date of return at the
rate prescribed in K.S.A. 16-204, and amendments thereto.
(b) The provisions of this section shall not be construed to affect in any
way any security interest which the supplier may have in the inventory of the
retailer, except that any repurchase hereunder shall not be subject to the
provisions of the bulk sales law or to the claims of any secured or unsecured
creditors of the supplier or any assignee or the supplier until such time the
retailer has received payment in full, subject to any offset the retailer may
owe to the supplier.
History: L. 1991, ch. 67, § 3;
L. 2000, ch. 84, § 3; July 1.