Kansas Statutes 8-604. Same; prima facie evidence of sale prohibited under K.S.A. 8-603
Terms Used In Kansas Statutes 8-604
- commodities: means manufactured articles offered for sale to the general public. See Kansas Statutes 8-601
- Contract: A legal written agreement that becomes binding when signed.
- dealer: shall mean any person, firm, association or corporation or other organization of any kind, character or nature regularly engaged or intending to engage in the business of selling motor vehicles and other specific commodities at retail within this state. See Kansas Statutes 8-601
- 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.
- financing: shall include the buying, selling, assigning or dealing in conditional sales contracts, chattel mortgages or leases arising out of the retail sale of motor vehicles and other specific commodities. See Kansas Statutes 8-601
- manufacturer: shall mean any person, firm, corporation, partnership or association engaged either directly or indirectly in the manufacture or wholesale distribution of motor vehicles and other specific commodities. See Kansas Statutes 8-601
- motor vehicle: shall mean every vehicle which is self-propelled and every vehicle which is propelled by electric power obtained from overhead trolley wires, but not operated upon rails. See Kansas Statutes 8-601
- person: shall mean any individual or individuals, firm, corporation, partnership, association, trustee, receiver or assignee for the benefit of creditors. See Kansas Statutes 8-601
- specific commodities: means commodities identified and agreed upon at the time a contract to sell, or a sale, is made. See Kansas Statutes 8-601
Any threat, expressed or implied, made directly or indirectly to any dealer by any manufacturer, or by any person who is engaged in the business of financing the purchase or sale of motor vehicles or other specific commodities and is affiliated with or controlled by any manufacturer, that such manufacturer will cease to sell, or will terminate or refuse to enter into a contract to sell motor vehicles or such other specific commodities to such dealer unless such dealer finances the purchase or sale of any such motor vehicle or vehicles or such other specific commodities only with or through a designated person, shall be presumed to be made at the direction of and with the authority of such manufacturer and shall be prima facie evidence of the fact that such manufacturer has sold or intends to sell such motor vehicle or vehicles or other specific commodities on the condition or under the agreement prohibited in Kan. Stat. Ann. § 8-603.