Ky. Rev. Stat. » Chapter 355
Kentucky Revised Statutes

Ky. Rev. Stat. § 355.2-306 (2026)

Output, requirements and exclusive dealings

✓ current as of May 2026
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(1) A term which measures the quantity by the output of the seller or the requirements of the buyer means such actual output or requirements as may occur in good faith, except that no quantity unreasonably disproportionate to any stated estimate or in the absence of a stated estimate to any normal or otherwise comparable prior output or requirements may be tendered or demanded.

(2) A lawful agreement by either the seller or the buyer for exclusive dealing in the kind of goods concerned imposes unless otherwise agreed an obligation by the seller to use best efforts to supply the goods and by the buyer to use best efforts to promote their sale. Effective: July 1, 1960 History: Created 1958 Ky. Acts ch. 77, sec. 2-306, effective July 1, 1960.

Notes of Decisions
Cited in 2 cases, 1999–2009 · leading case: A & a Mech., Inc. v. Thermal Equip. Sales, Inc., 998 S.W.2d 505 (Ky. Ct. App. 1999).
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A & a Mech., Inc. v. Thermal Equip. Sales, Inc., 998 S.W.2d 505 (Ky. Ct. App. 1999). · cites it 5× “A & A contends that, even if TES’s bid was an offer, its own purchase order amounted to a counter-offer rejecting TES’s fixed quantity term and substituting a “requirements” term as that word is used in KRS 355.2-306. The trial court rejected this construction and held instead…”
Powerscreen USA, LLC v. D & L Equip., Inc., 661 F. Supp. 2d 705 (W.D. Ky. 2009). “14 KRS 355.2-306(2); Mich. Comp. Laws 440.2306(2); Ohio Rev.”
— Ky. Rev. Stat. § 355.2-306(1) — 1 case
A & a Mech., Inc. v. Thermal Equip. Sales, Inc., 998 S.W.2d 505 (Ky. Ct. App. 1999). “A & A contends that, even if TES’s bid was an offer, its own purchase order amounted to a counter-offer rejecting TES’s fixed quantity term and substituting a “requirements” term as that word is used in KRS 355.2-306. The trial court rejected this construction and held instead…”
— Ky. Rev. Stat. § 355.2-306(2) — 1 case
Powerscreen USA, LLC v. D & L Equip., Inc., 661 F. Supp. 2d 705 (W.D. Ky. 2009). “14 KRS 355.2-306(2); Mich. Comp. Laws 440.2306(2); Ohio Rev.”
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