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16-1004. Failure to make repurchase or allow credit; liability in civil action. In the event that any manufacturer, wholesaler or distributor of farm implements, machinery, attachments or repair parts therefor, upon cancellation of a contract by either a retailer or a manufacturer, wholesaler or distributor, fails or refuses to make payment or allow credit to such retailer as required by K.S.A. 16-1002, and amendments thereto, such manufacturer, wholesaler or distributor shall be liable in a civil action to be brought by such retailer for the actual costs of the action, including attorney, paralegal and expert witness fees; for 100% of the net cost of such farm implements, machinery and attachments and 100% of the current net price of repair parts, plus 5% for handling, packing and loading plus freight charges which have been paid by the retailer.

History: L. 1976, ch. 95, § 4; L. 2000, ch. 84, § 2; July 1.

CASE ANNOTATIONS

1. Franchisee's resale of parts to third party precluded recovery of statutory repurchase price. Town and Country Equipment v. Massey-Ferguson, 808 F. Supp. 779, 781 (1992).


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