Printable Format84-2-515. Preserving evidence of goods in dispute. In furtherance of the adjustment of any claim or dispute
(a) either party on reasonable notification to the other and for the purpose of ascertaining the facts and preserving evidence has the right to inspect, test and sample the goods including such of them as may be in the possession or control of the other; and
(b) the parties may agree to a third party inspection or survey to determine the conformity or condition of the goods and may agree that the findings shall be binding upon them in any subsequent litigation or adjustment.
History: L. 1965, ch. 564, ยง 80; January 1, 1966.
KANSAS COMMENT, 1996
Paragraph (a) gives either party the right to inspect, test, and sample goods that are the subject of a dispute. This provision is designed to preserve evidence for any litigation that might arise. Paragraph (b) provides for third-party inspection of the goods, when the parties agree, to aid in resolving any dispute.
CASE ANNOTATIONS
1. Contention that conduct of plaintiff deprived defendant of rights under this section not sustained. La Villa Fair v. Lewis Carpet Mills, Inc., 219 Kan. 395, 404, 548 P.2d 825.
Law Review and Bar Journal References:
"Electronic Commerce in Kansas: Contract Formation and Formalities Under Article 2," Christopher R. Drahozal, 68 J.K.B.A. No. 5, 22 (1999).