Montana Code 30-11-712. Civil liability
30-11-712. Civil liability. If any wholesaler, manufacturer, or distributor fails or refuses to repurchase or reimburse a wholesaler for any inventory or a retailer for any inventory, signs, special equipment, or special tools as required by 30-11-702, the wholesaler, manufacturer, or distributor is liable in a civil action for:
Terms Used In Montana Code 30-11-712
- 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
- Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
- 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
(1)all sums required under this part;
(2)storage charges at the market rate for warehouse storage in the retailer’s community plus any floor plan, interest, or similar inventory financing charges incurred by the retailer or wholesaler, commencing on the 31st day after the repurchase request;
(3)interest on all sums due from the date of the wholesaler’s or retailer’s request as provided in this section, at a rate calculated pursuant to 25-9-205 until paid; and
(4)the retailer’s or wholesaler’s attorney fees, court costs, and litigation expenses.