History: L. 1991, ch. 67, § 1; April 25.
(a) "Outdoor power equipment" means and includes machinery, equipment, attachments or repair parts therefor, used for industrial, construction, maintenance or utility purposes.
(b) "Retailer" means any person, partnership, firm, corporation, association, or other form of business enterprise engaged in the business of:
(1) Selling or leasing outdoor power equipment to the ultimate consumer thereof; and
(2) repairing or servicing outdoor power equipment.
(c) "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 outdoor power 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 outdoor power equipment and services for the same are displayed, and offered or demonstrated for sale.
(d) "Net cost" means the amount of money actually paid by a retailer to the supplier.
(e) "Current net price" means the price listed in a supplier's price list or catalogue in effect on the date of termination of a contract, less any applicable trade and cash discounts.
(f) "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 outdoor power equipment. The term "supplier" and the provisions of this act shall be interpreted liberally, with regard to the equities of the retailer, and in a manner not limited to traditional doctrines of corporate successor liability, and the obligations of a supplier hereunder shall consequently apply to any actual successor in interest to a supplier, including but not limited to, a purchaser of substantial assets or substantial stock, any receiver, trustee or assignee, or any surviving corporation resulting from a merger, liquidation or reorganization of the original or any intermediate successor supplier.
History: L. 1991, ch. 67, § 2; April 25.
(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.
(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.
History: L. 1991, ch. 67, § 4; L. 2002, ch. 67, § 2; July 1.
History: L. 1991, ch. 67, § 5; L. 2000, ch. 84, § 4; July 1.
(a) The retailer has transferred a controlling interest in the retailer business without the supplier's consent;
(b) the retailer has filed a voluntary petition in bankruptcy or has had an involuntary petition in bankruptcy filed against it which has not been discharged within 30 days after the date of filing, or there has been a closeout or sale of a substantial part of the retailer's assets related to the retailer's business or there has been a commencement or dissolution or liquidation of the retailer's business;
(c) there has been a change, without the prior written approval of the supplier, in the location of retailer's principal place of business if such approval is required under the retailer's agreement with the supplier;
(d) the retailer has defaulted under any reasonable and essential term of a chattel mortgage or other security agreement between the retailer and supplier, or there has been a revocation or discontinuance of any guarantee of the retailer's present or future obligations to the supplier;
(e) the retailer has failed to operate in the normal course of business for seven consecutive days or has otherwise abandoned such retailer's business, except for reasonable and customary closures of business;
(f) the retailer has pleaded guilty to or has been convicted of a felony affecting the relationship between the retailer and supplier;
(g) the retailer has engaged in conduct which is injurious or detrimental to the retailer's customers or the public welfare; or
(h) following receipt of written notices of the supplier's requirements and of written notices of the supplier's determination of the retailer's initial and persisting failures to meet the supplier's requirements, the retailer has consistently failed to meet the supplier's requirements for reasonable market penetration based on the supplier's experience in other identified and comparable market areas.
History: L. 1991, ch. 67, § 6; April 25.
(b) In the event that a "supplier" of outdoor power equipment has contractual authority to approve or deny a request by a "retailer" to sell or transfer any portion of the retailer's business ownership to another party or to enter into an agreement to operate the dealership with another party, the supplier shall approve or deny the request within 90 days after receiving such a request. If the supplier has neither approved nor denied the request within 90 days, the request shall be deemed approved. The retailer's request shall include the reasonable financial information, personal background, character references and work histories as required by the supplier to render such a determination. In the event the supplier denies the request, the supplier shall provide the retailer with a written notice of its determination with the stated reasons for the denial.
History: L. 1991, ch. 67, § 7; L. 1998, ch. 79, § 2; July 1.
History: L. 1991, ch. 67, § 8; April 25.
History: L. 1991, ch. 67, § 9; L. 1998, ch. 79, § 3; July 1.
History: L. 1991, ch. 67, § 10; April 25.
History: L. 1991, ch. 67, § 11; April 25.
History: L. 1991, ch. 67, § 12; April 25.