8-2419. Liability of manufacturers and distributors for defects in equipment; indemnification for damages; when. (a) All first or second stage manufacturers and distributors shall be liable for the full period of the warranty of the vehicle for all defects in any equipment attached to any vehicle at the factory and all defects in any equipment produced by or advertised as an accessory to a vehicle manufactured by such first or second stage manufacturer which is added at the dealership whether such equipment is added to a new or to a used vehicle so long as such equipment has been advertised as being either an "accessory" or an "option."
(b) All first stage manufacturers and second stage manufacturers and distributors shall, upon demand:
(1) Indemnify any existing or former licensee or party to a franchise agreement and the licensee or party's successors and assigns from any and all damages sustained and attorney's fees and other expenses reasonably incurred by the licensee or party that result from or relate to any claim made or asserted by a third party against the licensee or party to the extent the claim results from any of the following:
(A) The condition, characteristics, manufacture, assembly or design of any vehicle, parts, accessories, tools or equipment or the selection or combination of parts or components manufactured or distributed by the manufacturer or distributor;
(B) service systems, procedures or methods the franchisor required or recommended the licensee or party to use if the licensee or party properly uses the system, procedure or method;
(C) improper use or disclosure by a manufacturer or distributor of nonpublic personal information obtained from a licensee or party concerning any consumer, customer or employee of the licensee or party; and
(D) any act or omission of the manufacturer or distributor for which the licensee or party would have a claim for contribution or indemnity under applicable law or under the franchise, irrespective of and without regard to a prior termination or expiration of the franchise.
(2) This subsection does not limit in any way the existing rights, remedies or recourses available to any licensee, party or other person.
History: L. 1980, ch. 36, § 19; L. 2010, ch. 71, § 8; April 15.
Structure Kansas Statutes
Chapter 8 - Automobiles And Other Vehicles
Article 24 - Licensure Of Vehicle Sales And Manufacture
8-2402 Declaration of public policy.
8-2403 Vehicle dealers required to have licenses; exceptions; supervision by director of vehicles.
8-2405 Insurance required of dealers; limitations on cancellation.
8-2406 Dealer plates; fee; symbols on plates; use of plates.
8-2409 Temporary vehicle registration permits; cost; display; operation under laden conditions.
8-2411 Violations; hearing; penalties; appeals.
8-2413 Injunctions; jurisdiction of courts; mediation.
8-2417 Jurisdiction over licensees; service of process in secretary of state; limitation of rights.
8-2420 Act supplemental to vehicle registration laws.
8-2426 Same; unlawful acts; penalties.
8-2428 Dealer review board; duties.
8-2429 Interstate dealer licensing compact.
8-2431 Same; exemption for manufacturers with dispute resolution procedures.
8-2432 Same; act part of vehicle dealers and manufacturers licensing act.
8-2433 Temporary permit for vehicle salesperson.
8-2434 Selling motor vehicles without a license; penalty.
8-2436 Salvage vehicle pools; requirements.
8-2438 Ownership and operation of new vehicle dealership by certain entities prohibited; exceptions.
8-2439 Delivery of motor vehicles to persons in state; who authorized to deliver.
8-2440 Transactions executed outside state; when lemon law applicable.
8-2441 Aiding or abetting violations of act prohibited.
8-2443 Act supplemental to vehicle dealers and manufacturers licensing act.
8-2444 Temporary trade show license; requirements; fees.
8-2445 Franchise agreements; prohibiting manufacturers from engaging in certain activities.