Article 3.--FUNERAL AND CEMETERY MERCHANDISE AGREEMENTS, CONTRACTS AND PLANS
16-332.Same; contract provisions.
Any cemetery corporation entering into a prepaid merchandise contract shall
provide in such contract that:
(a) A purchaser, under a prepaid merchandise contract covered in this
act who permanently moves to another state in the United States, may direct
that the merchandise, so long as the same is not a part of nor affixed to
real estate, be delivered to a cemetery in the state of the purchaser's
residence, except that the purchaser may be required to pay the additional
transportation costs which exceed those the cemetery would have incurred
to provide and deliver the merchandise to the seller cemetery; or
(b) a purchaser who has entered into a prepaid merchandise contract covered
by this act may, upon the purchaser permanently changing residence to a
place more than 150 miles from the cemetery, cancel the contract upon written
notice to the cemetery, which notice shall then be forwarded by the cemetery
to the trustee of the cemetery merchandise trust fund. Upon receipt of
such notice, the prepaid merchandise contract shall be cancelled, and the
trustee, after deducting that contract's share of applicable costs and taxes
provided for in K.S.A. 16-322, shall pay to the purchaser not
less than 85% of the funds held in trust for the contract pursuant to this
act. The balance shall be paid to the cemetery corporation and the trustee
shall be discharged from further obligation as to such contract.
Article 3.--FUNERAL AND CEMETERY MERCHANDISE AGREEMENTS, CONTRACTS AND PLANS
16-332.Same; contract provisions.
Any cemetery corporation entering into a prepaid merchandise contract shall
provide in such contract that:
(a) A purchaser, under a prepaid merchandise contract covered in this
act who permanently moves to another state in the United States, may direct
that the merchandise, so long as the same is not a part of nor affixed to
real estate, be delivered to a cemetery in the state of the purchaser's
residence, except that the purchaser may be required to pay the additional
transportation costs which exceed those the cemetery would have incurred
to provide and deliver the merchandise to the seller cemetery; or
(b) a purchaser who has entered into a prepaid merchandise contract covered
by this act may, upon the purchaser permanently changing residence to a
place more than 150 miles from the cemetery, cancel the contract upon written
notice to the cemetery, which notice shall then be forwarded by the cemetery
to the trustee of the cemetery merchandise trust fund. Upon receipt of
such notice, the prepaid merchandise contract shall be cancelled, and the
trustee, after deducting that contract's share of applicable costs and taxes
provided for in K.S.A. 16-322, shall pay to the purchaser not
less than 85% of the funds held in trust for the contract pursuant to this
act. The balance shall be paid to the cemetery corporation and the trustee
shall be discharged from further obligation as to such contract.
Article 3.--FUNERAL AND CEMETERY MERCHANDISE AGREEMENTS, CONTRACTS AND PLANS
16-332.Same; contract provisions.
Any cemetery corporation entering into a prepaid merchandise contract shall
provide in such contract that:
(a) A purchaser, under a prepaid merchandise contract covered in this
act who permanently moves to another state in the United States, may direct
that the merchandise, so long as the same is not a part of nor affixed to
real estate, be delivered to a cemetery in the state of the purchaser's
residence, except that the purchaser may be required to pay the additional
transportation costs which exceed those the cemetery would have incurred
to provide and deliver the merchandise to the seller cemetery; or
(b) a purchaser who has entered into a prepaid merchandise contract covered
by this act may, upon the purchaser permanently changing residence to a
place more than 150 miles from the cemetery, cancel the contract upon written
notice to the cemetery, which notice shall then be forwarded by the cemetery
to the trustee of the cemetery merchandise trust fund. Upon receipt of
such notice, the prepaid merchandise contract shall be cancelled, and the
trustee, after deducting that contract's share of applicable costs and taxes
provided for in K.S.A. 16-322, shall pay to the purchaser not
less than 85% of the funds held in trust for the contract pursuant to this
act. The balance shall be paid to the cemetery corporation and the trustee
shall be discharged from further obligation as to such contract.
