Montana Code 30-2-608. Revocation of acceptance in whole or in part
30-2-608. Revocation of acceptance in whole or in part. (1) The buyer may revoke acceptance of a lot or commercial unit whose nonconformity substantially impairs its value to the buyer if the buyer has accepted it:
Terms Used In Montana Code 30-2-608
- Buyer: means a person who buys or contracts to buy goods. See Montana Code 30-2-103
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- Seller: means a person who sells or contracts to sell goods. See Montana Code 30-2-103
(a)on the reasonable assumption that its nonconformity would be cured and it has not been seasonably cured; or
(b)without discovery of such nonconformity if the buyer’s acceptance was reasonably induced either by the difficulty of discovery before acceptance or by the seller‘s assurances.
(2)Revocation of acceptance must occur within a reasonable time after the buyer discovers or should have discovered the ground for it and before any substantial change in condition of the goods which is not caused by their own defects. It is not effective until the buyer notifies the seller of it.
(3)A buyer who so revokes has the same rights and duties with regard to the goods involved as if the buyer had rejected them.