Kansas Statutes 16-1404. Equipment not required to be repurchased
Terms Used In Kansas Statutes 16-1404
- Contract: A legal written agreement that becomes binding when signed.
- Contract: means either a written or parol agreement or arrangement for a definite or indefinite period between a retailer and a supplier which provides for the rights and obligations of the parties with respect to the purchase or sale of lawn and garden equipment, and which agreement, regardless of the retailer's territorial scope, contemplates the establishment or maintenance by the retailer of a location within the state of Kansas at which lawn and garden equipment and services for the same are displayed, and offered or demonstrated for sale. See Kansas Statutes 16-1402
- Equipment: means and includes machinery, equipment, attachments or repair parts therefor, used for lawn, garden, golf course, landscaping or grounds maintenance purposes. See Kansas Statutes 16-1402
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Retailer: means any person, partnership, firm, corporation, association, or other form of business enterprise engaged in the business of:
(1) Selling or leasing lawn and garden equipment to the ultimate consumer thereof; and
(2) repairing or servicing lawn and garden equipment. See Kansas Statutes 16-1402
- Supplier: means any person, partnership, corporation, association, or any and all other forms of business enterprise engaged in the business of manufacturing, assembly or wholesale distribution of lawn and garden equipment. See Kansas Statutes 16-1402
The provisions of Kan. Stat. Ann. § 16-1403, and amendments thereto, shall not require the repurchase from a retailer of any:
(a) Repair part which is in a broken or damaged package;
(b) single repair part which is priced as a set of two or more items;
(c) repair part which, because of its condition, is not resalable as a new part;
(d) inventory for which the retailer is unable to furnish evidence, satisfactory to the supplier, of title, free and clear of all claims, liens and encumbrances;
(e) inventory which the retailer desires to keep, and for which the retailer has a contractual right to do so;
(f) machines, equipment, and attachments which are not in new, unused, undamaged, or complete condition;
(g) repair parts which are not in new, unused, or undamaged condition;
(h) machines, equipment or attachments which were purchased 24 months or more prior to notice of termination of the contract;
(i) inventory which was ordered by the retailer on or after the date of notification of termination of the contract;
(j) inventory which was acquired by the retailer from any source other than the supplier or transferee of such supplier, unless such inventory was ordered from, invoiced to the retailer by or financed to the retailer by the supplier or transferee of such supplier; or
(k) part that has been removed from an engine or short block or piece of equipment or any part purchased separately that has been mounted or installed by the retailer on an engine or on equipment.