Montana Code 30-11-713. Remedy as supplemental
30-11-713. Remedy as supplemental. (1) The provisions of this part are supplemental to any agreement between:
Terms Used In Montana Code 30-11-713
- Contract: A legal written agreement that becomes binding when signed.
- Inventory: means :
(a)farm implements, machinery, attachments, and repair parts;
(b)industrial and construction equipment and repair parts;
(c)new motor vehicles, trucks, trailers, semitrailers, pole trailers, travel trailers, and repair parts sold by a dealer as defined in 61-1-101;
(d)motorcycles, motor-driven cycles, recreational vehicles, and quadricycles, as those terms are defined in 61-1-101, and repair parts;
(e)snowmobiles, as defined in 23-2-601, and repair parts;
(f)off-highway vehicles, as defined in 23-2-801, and repair parts; and
(g)vessels, as defined in 23-2-502, detachable motors or engines used to propel vessels, and repair parts. See Montana Code 30-11-701
- Wholesaler: means any individual, partnership, association, or corporation engaged in the business of selling inventory, as defined in this section, to retailers. See Montana Code 30-11-701
(a)the retailer and wholesaler, manufacturer, or distributor governing the inventory, signs, special equipment, or special tools; or
(b)the wholesaler and manufacturer or distributor governing the inventory.
(2)The retailer or wholesaler may elect to pursue either contract remedies or the remedy provided in this part. An election to pursue contract remedies does not bar the retailer’s or wholesaler’s right to the remedy provided in this part with regard to any inventory, parts, signs, special equipment, or special tools that are not included in contract remedies, provided that the retailer or wholesaler is not entitled to recover more than one time on any claim of loss or damage.