Terms Used In Kansas Statutes 16-120

  • Contract: A legal written agreement that becomes binding when signed.

(a) As used in this section:

(1) “Contract” has the meaning provided by Kan. Stat. Ann. §§ 16-1302 or 16-1402, and amendments thereto.

(2) “Dealer” includes farm equipment dealers, as defined in Kan. Stat. Ann. § 16-1202, and amendments thereto, or retailers, as defined in Kan. Stat. Ann. §§ 16-1302 or 16-1402, and amendments thereto.

(3) “Dealership agreement” has the meaning provided by Kan. Stat. Ann. § 16-1202, and amendments thereto.

(4) “Equipment” includes farm equipment, as defined in Kan. Stat. Ann. § 16-1202, and amendments thereto, outdoor power equipment, as defined in Kan. Stat. Ann. § 16-1302, and amendments thereto, or equipment, as defined in Kan. Stat. Ann. § 16-1402, and amendments thereto.

(5) “Manufacturer” includes farm equipment manufacturers as defined in Kan. Stat. Ann. § 16-1202, and amendments thereto, or suppliers, as defined in Kan. Stat. Ann. §§ 16-1302 or 16-1402, and amendments thereto.

(b) With respect to any equipment sold on or after July 1, 2000, any warranty repair work performed for a consumer by a dealer under the provisions of a manufacturer’s express warranty, shall require the manufacturer to reimburse the dealer at an hourly labor rate which is the same as the hourly labor rate the dealer currently charges consumers for nonwarranty repair work.

(c) Nothing in this act shall apply to, or operate or be construed to invalidate, impair or otherwise infringe upon the specific requirements of any contract or dealership agreement between a dealer and a manufacturer entered into prior to the effective date of this act, if such contract or dealership agreement is in effect on the effective date of this act.

(d) The provisions of this section shall not apply to a manufacturer who provides in a written dealer agreement for compensation to a dealer for warranty labor costs either as (1) a discount in the pricing of the equipment to the dealer or, (2) a lump sum payment to the dealer, provided such payment is not less than 5% of the suggested retail price of the equipment.