Kansas Statutes 16-1405. Civil action; liabilities; costs
Terms Used In Kansas Statutes 16-1405
- 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. 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
- Net cost: means the amount of money actually paid by a retailer to the supplier. See Kansas Statutes 16-1402
- 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
In the event that any supplier, after such supplier terminates, cancels, fails to renew, or in fact substantially discontinues such contract, fails or refuses to make payment to such retailer as required by the provisions of Kan. Stat. Ann. § 16-1403, and amendments thereto, such supplier shall be liable in a civil action to the retailer for the actual costs of the action, including attorney, paralegal and expert witness fees; for interest as provided in Kan. Stat. Ann. § 16-1403, and amendments thereto; for 100% of the net cost of such machinery, plus transportation charges which have been paid by the retailer; and for 100% of the current net price of the repair parts, plus 5% for handling, packing and loading plus freight charges which have been paid by the retailer. In any such action, it shall be the burden of the supplier to establish that the terms of Kan. Stat. Ann. § 16-1404, and amendments thereto, may apply to except any particular item of lawn and garden equipment from the terms of Kan. Stat. Ann. § 16-1403, and amendments thereto.