Article 14.--LAWN AND GARDEN EQUIPMENT DEALERSHIP AGREEMENTS
16-1403.Change of lawn and garden 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 lawn and
garden 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 lawn and
garden 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 lawn and garden 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 lawn and garden
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. 1992, ch. 40, § 3;
L. 2000, ch. 84, § 5; July 1.
Article 14.--LAWN AND GARDEN EQUIPMENT DEALERSHIP AGREEMENTS
16-1403.Change of lawn and garden 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 lawn and
garden 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 lawn and
garden 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 lawn and garden 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 lawn and garden
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. 1992, ch. 40, § 3;
L. 2000, ch. 84, § 5; July 1.
Article 14.--LAWN AND GARDEN EQUIPMENT DEALERSHIP AGREEMENTS
16-1403.Change of lawn and garden 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 lawn and
garden 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 lawn and
garden 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 lawn and garden 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 lawn and garden
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. 1992, ch. 40, § 3;
L. 2000, ch. 84, § 5; July 1.