30-2-504. Shipment by seller. Where the seller is required or authorized to send the goods to the buyer and the contract does not require the seller to deliver them at a particular destination, then unless otherwise agreed the seller must:

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Terms Used In Montana Code 30-2-504

  • Buyer: means a person who buys or contracts to buy goods. See Montana Code 30-2-103
  • Contract: A legal written agreement that becomes binding when signed.
  • Seller: means a person who sells or contracts to sell goods. See Montana Code 30-2-103
  • Usage: means a reasonable and lawful public custom concerning transactions of the same nature as those which are to be affected thereby, existing at the place where the obligation is to be performed, and either known to the parties or so well established, general, and uniform that the parties must be presumed to have acted with reference thereto. See Montana Code 1-1-206

(1)put the goods in the possession of such a carrier and make such a contract for their transportation as may be reasonable having regard to the nature of the goods and other circumstances of the case; and

(2)obtain and promptly deliver or tender in due form any document necessary to enable the buyer to obtain possession of the goods or otherwise required by the agreement or by usage of trade; and

(3)promptly notify the buyer of the shipment. Failure to notify the buyer under this subsection or to make a proper contract under subsection (1) is a ground for rejection only if material delay or loss ensues.