reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 5. Uniform Commercial Code Letters of Credit › Part 1. Letters of Credit › 30-5-133. Transfer by operation of law

30-5-133. Transfer by operation of law.
(1) A successor of a beneficiary may consent to amendments, sign and present documents, and receive payment or other items of value in the name of the beneficiary without disclosing its status as a successor.
(2) A successor of a beneficiary may consent to amendments, sign and present documents, and receive payment or other items of value in its own name as the disclosed successor of the beneficiary. Except as otherwise provided in subsection (5), an issuer shall recognize a disclosed successor of a beneficiary as beneficiary in full substitution for its predecessor upon compliance with the requirements for recognition by the issuer of a transfer of drawing rights by operation of law under the standard practice referred to in 30-5-128(5) or, in the absence of such a practice, compliance with other reasonable procedures sufficient to protect the issuer.
(3) An issuer is not obliged to determine whether a purported successor is a successor of a beneficiary or whether the signature of a purported successor is genuine or authorized.
(4) Honor of a purported successor's apparently complying presentation under subsection (1) or (2) has the consequences specified in 30-5-128(9) even if the purported successor is not the successor of a beneficiary. Documents signed in the name of the beneficiary or of a disclosed successor by a person who is neither the beneficiary nor the successor of the beneficiary are forged documents for the purposes of 30-5-129.
(5) An issuer whose rights of reimbursement are not covered by subsection (4) or substantially similar law and any confirmer or nominated person may decline to recognize a presentation under subsection (2).
(6) A beneficiary whose name is changed after the issuance of a letter of credit has the same rights and obligations as a successor of a beneficiary under this section.
History: En. Sec. 17, Ch. 536, L. 1997.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 5. Uniform Commercial Code Letters of Credit › Part 1. Letters of Credit › 30-5-134. Assignment of proceeds

30-5-134. Assignment of proceeds.
(1) (a) In this section, "proceeds of a letter of credit" means the cash, check, accepted draft, or other item of value paid or delivered upon honor or giving of value by the issuer or any nominated person under the letter of credit.
(b) The term does not include a beneficiary's drawing rights or documents presented by the beneficiary.
(2) A beneficiary may assign its right to part or all of the proceeds of a letter of credit. The beneficiary may do so before presentation as a present assignment of its right to receive proceeds contingent upon its compliance with the terms and conditions of the letter of credit.
(3) An issuer or nominated person need not recognize an assignment of proceeds of a letter of credit until it consents to the assignment.
(4) An issuer or nominated person has no obligation to give or withhold its consent to an assignment of proceeds of a letter of credit, but consent may not be unreasonably withheld if the assignee possesses and exhibits the letter of credit and presentation of the letter of credit is a condition to honor.
(5) Rights of a transferee beneficiary or nominated person are independent of the beneficiary's assignment of the proceeds of a letter of credit and are superior to the assignee's right to the proceeds.
(6) Neither the rights recognized by this section between an assignee and an issuer, transferee beneficiary, or nominated person nor the issuer's or nominated person's payment of proceeds to an assignee or a third person affect the rights between the assignee and any person other than the issuer, transferee beneficiary, or nominated person. The mode of creating and perfecting a security interest in or granting an assignment of a beneficiary's rights to proceeds is governed by chapter 9A or other law. Against persons other than the issuer, transferee beneficiary, or nominated person, the rights and obligations arising upon the creation of a security interest or other assignment of a beneficiary's right to proceeds and its perfection are governed by chapter 9A or other law.
History: En. Sec. 18, Ch. 536, L. 1997.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 5. Uniform Commercial Code Letters of Credit › Part 1. Letters of Credit › 30-5-135. Statute of limitations

30-5-135. Statute of limitations.
An action to enforce a right or obligation arising under this chapter must be commenced within 1 year after the expiration date of the relevant letter of credit or 1 year after the cause of action accrues, whichever occurs later. A cause of action accrues when the breach occurs, regardless of the aggrieved party's lack of knowledge of the breach.
History: En. Sec. 19, Ch. 536, L. 1997.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 5. Uniform Commercial Code Letters of Credit › Part 1. Letters of Credit › 30-5-136. Choice of law and forum

30-5-136. Choice of law and forum.
(1) The liability of an issuer, nominated person, or adviser for action or omission is governed by the law of the jurisdiction chosen by an agreement in the form of a record signed or otherwise authenticated by the affected parties in the manner provided in 30-5-124 or by a provision in the person's letter of credit, confirmation, or other undertaking. The jurisdiction whose law is chosen need not bear any relation to the transaction.
(2) Unless subsection (1) applies, the liability of an issuer, nominated person, or adviser for action or omission is governed by the law of the jurisdiction in which the person is located. The person is considered to be located at the address indicated in the person's undertaking. If more than one address is indicated, the person is considered to be located at the address from which the person's undertaking was issued. For the purpose of jurisdiction, choice of law, and recognition of interbranch letters of credit, but not enforcement of a judgment, all branches of a bank are considered separate juridical entities and a bank is considered to be located at the place where its relevant branch is considered to be located under this subsection.
(3) (a) Except as otherwise provided in this subsection, the liability of an issuer, nominated person, or adviser is governed by any rules of custom or practice, such as the Uniform Customs and Practice for Documentary Credits, to which the letter of credit, confirmation, or other undertaking is expressly made subject.
(b) The rules of custom and practice govern except to the extent of any conflict with the nonvariable provisions specified in 30-5-123(3) if:
(i) this chapter would govern the liability of an issuer, nominated person, or adviser under subsection (1) or (2);
(ii) the relevant undertaking incorporates rules of custom or practice; and
(iii) there is conflict between this chapter and those rules as applied to that undertaking.
(4) If there is conflict between this chapter and chapter 3, 4, 4A, or 9A, this chapter governs.
(5) The forum for settling disputes arising out of an undertaking within this chapter may be chosen in the manner and with the binding effect that governing law may be chosen in accordance with subsection (1).
History: En. Sec. 20, Ch. 536, L. 1997.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 5. Uniform Commercial Code Letters of Credit › Part 1. Letters of Credit › 30-5-137. Subrogation of issuer, applicant, and nominated person

30-5-137. Subrogation of issuer, applicant, and nominated person.
(1) An issuer that honors a beneficiary's presentation is subrogated to the rights of the beneficiary to the same extent as if the issuer were a secondary obligor of the underlying obligation owed to the beneficiary and of the applicant to the same extent as if the issuer were the secondary obligor of the underlying obligation owed to the applicant.
(2) An applicant that reimburses an issuer is subrogated to the rights of the issuer against any beneficiary, presenter, or nominated person to the same extent as if the applicant were the secondary obligor of the obligations owed to the issuer and has the rights of subrogation of the issuer to the rights of the beneficiary stated in subsection (1).
(3) A nominated person who pays or gives value against a draft or demand presented under a letter of credit is subrogated to the rights of:
(a) the issuer against the applicant to the same extent as if the nominated person were a secondary obligor of the obligation owed to the issuer by the applicant;
(b) the beneficiary to the same extent as if the nominated person were a secondary obligor of the underlying obligation owed to the beneficiary; and
(c) the applicant to same extent as if the nominated person were a secondary obligor of the underlying obligation owed to the applicant.
(4) Notwithstanding any agreement or term to the contrary, the rights of subrogation stated in subsections (1) and (2) do not arise until the issuer honors the letter of credit or otherwise pays and the rights in subsection (3) do not arise until the nominated person pays or otherwise gives value. Until then, the issuer, nominated person, and the applicant do not derive under this section present or prospective rights forming the basis of a claim, defense, or excuse.
History: En. Sec. 21, Ch. 536, L. 1997.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 6. Uniform Commercial Code Bulk Transfers (Repealed) › Part 1. Bulk Transfers (Repealed) › 30-6-101. Repealed

30-6-101. Repealed.
Sec. 230, Ch. 410, L. 1991.
History: En. Sec. 6-101, Ch. 264, L. 1963; R.C.M. 1947, 87A-6-101.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 6. Uniform Commercial Code Bulk Transfers (Repealed) › Part 1. Bulk Transfers (Repealed) › 30-6-102. Repealed

30-6-102. Repealed.
Sec. 230, Ch. 410, L. 1991.
History: En. Sec. 6-102, Ch. 264, L. 1963; R.C.M. 1947, 87A-6-102.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 6. Uniform Commercial Code Bulk Transfers (Repealed) › Part 1. Bulk Transfers (Repealed) › 30-6-103. Repealed

30-6-103. Repealed.
Sec. 230, Ch. 410, L. 1991.
History: En. Sec. 6-103, Ch. 264, L. 1963; R.C.M. 1947, 87A-6-103.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 6. Uniform Commercial Code Bulk Transfers (Repealed) › Part 1. Bulk Transfers (Repealed) › 30-6-104. Repealed

30-6-104. Repealed.
Sec. 230, Ch. 410, L. 1991.
History: En. Sec. 6-104, Ch. 264, L. 1963; R.C.M. 1947, 87A-6-104.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 6. Uniform Commercial Code Bulk Transfers (Repealed) › Part 1. Bulk Transfers (Repealed) › 30-6-105. Repealed

30-6-105. Repealed.
Sec. 230, Ch. 410, L. 1991.
History: En. Sec. 6-105, Ch. 264, L. 1963; R.C.M. 1947, 87A-6-105.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 6. Uniform Commercial Code Bulk Transfers (Repealed) › Part 1. Bulk Transfers (Repealed) › 30-6-106. Repealed

30-6-106. Repealed.
Sec. 230, Ch. 410, L. 1991.
History: En. Sec. 6-106, Ch. 264, L. 1963; R.C.M. 1947, 87A-6-106.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 6. Uniform Commercial Code Bulk Transfers (Repealed) › Part 1. Bulk Transfers (Repealed) › 30-6-107. Repealed

30-6-107. Repealed.
Sec. 230, Ch. 410, L. 1991.
History: En. Sec. 6-107, Ch. 264, L. 1963; R.C.M. 1947, 87A-6-107.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 6. Uniform Commercial Code Bulk Transfers (Repealed) › Part 1. Bulk Transfers (Repealed) › 30-6-108. Repealed

30-6-108. Repealed.
Sec. 230, Ch. 410, L. 1991.
History: En. Sec. 6-108, Ch. 264, L. 1963; R.C.M. 1947, 87A-6-108.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 6. Uniform Commercial Code Bulk Transfers (Repealed) › Part 1. Bulk Transfers (Repealed) › 30-6-109. Repealed

30-6-109. Repealed.
Sec. 230, Ch. 410, L. 1991.
History: En. Sec. 6-109, Ch. 264, L. 1963; R.C.M. 1947, 87A-6-109.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 6. Uniform Commercial Code Bulk Transfers (Repealed) › Part 1. Bulk Transfers (Repealed) › 30-6-110. Repealed

30-6-110. Repealed.
Sec. 230, Ch. 410, L. 1991.
History: En. Sec. 6-110, Ch. 264, L. 1963; R.C.M. 1947, 87A-6-110.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 6. Uniform Commercial Code Bulk Transfers (Repealed) › Part 1. Bulk Transfers (Repealed) › 30-6-111. Repealed

30-6-111. Repealed.
Sec. 230, Ch. 410, L. 1991.
History: En. Sec. 6-111, Ch. 264, L. 1963; R.C.M. 1947, 87A-6-111.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 6. Uniform Commercial Code Bulk Transfers (Repealed) › Part 1. Bulk Transfers (Repealed) › 30-6-112. Repealed

30-6-112. Repealed.
Sec. 85, Ch. 10, L. 1993.
History: En. Sec. 227, Ch. 410, L. 1991.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 7. Uniform Commercial Code -- Warehouse Receipts, Bills of Lading, and Other Documents of Title › Part 1. General › 30-7-101. Short title

30-7-101. Short title.
This chapter shall be known and may be cited as Uniform Commercial Code--Documents of Title.
History: En. Sec. 7-101, Ch. 264, L. 1963; R.C.M. 1947, 87A-7-101.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 7. Uniform Commercial Code -- Warehouse Receipts, Bills of Lading, and Other Documents of Title › Part 1. General › 30-7-102. Definitions and index of definitions

30-7-102. Definitions and index of definitions.
(1) In this chapter, unless the context otherwise requires:
(a) "Bailee" means a person that by a warehouse receipt, bill of lading, or other document of title acknowledges possession of goods and contracts to deliver them.
(b) "Carrier" means a person that issues a bill of lading.
(c) "Consignee" means the person named in a bill of lading to which or to whose order the bill promises delivery.
(d) "Consignor" means the person named in a bill of lading as the person from which the goods have been received for shipment.
(e) "Delivery order" means a record that contains an order to deliver goods directed to a warehouse, carrier, or other person that in the ordinary course of business issues warehouse receipts or bills of lading.
(f) "Good faith" means honesty in fact and the observance of reasonable commercial standards of fair dealing.
(g) "Goods" means all things that are treated as movable for the purposes of a contract for storage or transportation.
(h) "Issuer" means a bailee that issues a document of title or, in the case of an unaccepted delivery order, the person that orders the possessor of goods to deliver. The term includes a person for which an agent or employee purports to act in issuing a document if the agent or employee has real or apparent authority to issue documents, even if the issuer did not receive any goods, the goods were misdescribed, or in any other respect the agent or employee violated the issuer's instructions.
(i) "Person entitled under a document" means the holder, in the case of a negotiable document of title, or the person to which delivery of the goods is to be made by the terms of, or pursuant to instructions in a record under, a nonnegotiable document of title.
(j) "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
(k) "Shipper" means a person that enters into a contract of transportation with a carrier.
(l) "Sign" means, with present intent to authenticate or adopt a record:
(i) to execute or adopt a tangible symbol; or
(ii) to attach to or logically associate with the record an electronic sound, symbol, or process.
(m) "Warehouse" means a person engaged in the business of storing goods for hire.
(2) Definitions in other chapters applying to this chapter and the sections in which they appear are:
(a) "Contract for sale". 30-2-106.
(b) "Lessee in ordinary course". 30-2A-103.
(c) "Receipt" of goods. 30-2-103.
(3) In addition, chapter 1 contains general definitions and principles of construction and interpretation applicable throughout this chapter.
History: En. Sec. 7-102, Ch. 264, L. 1963; R.C.M. 1947, 87A-7-102; amd. Sec. 1, Ch. 137, L. 1979; amd. Sec. 35, Ch. 575, L. 2005.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 7. Uniform Commercial Code -- Warehouse Receipts, Bills of Lading, and Other Documents of Title › Part 1. General › 30-7-103. Relation of chapter to treaty or statute

30-7-103. Relation of chapter to treaty or statute.
(1) This chapter is subject to any treaty or statute of the United States or a regulatory statute of this state to the extent the treaty, statute, or regulatory statute is applicable.
(2) This chapter does not repeal or modify any law prescribing the form or contents of a document of title or the services or facilities to be afforded by a bailee, or otherwise regulating a bailee's businesses in respects not specifically treated in this chapter. However, violation of these laws does not affect the status of a document of title that otherwise complies with the definition of a document of title.
(3) This chapter modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. 7001, et seq., but does not modify, limit, or supersede section 101(c) of that act, 15 U.S.C. 7001(c), or authorize electronic delivery of any of the notices described in section 103(b) of that act, 15 U.S.C. 7003(b).
(4) To the extent there is a conflict between the Uniform Electronic Transactions Act, Title 30, chapter 18, part 1, and this chapter, this chapter governs.
History: En. Sec. 7-103, Ch. 264, L. 1963; R.C.M. 1947, 87A-7-103; amd. Sec. 36, Ch. 575, L. 2005.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 7. Uniform Commercial Code -- Warehouse Receipts, Bills of Lading, and Other Documents of Title › Part 1. General › 30-7-104. Negotiable and nonnegotiable document of title

30-7-104. Negotiable and nonnegotiable document of title.
(1) A document of title is negotiable if by its terms the goods are to be delivered to bearer or to the order of a named person.
(2) A document of title other than one described in subsection (1) is nonnegotiable. A bill of lading that states that the goods are consigned to a named person is not made negotiable by a provision that the goods are to be delivered only against a written order signed by the same or another named person.
(3) A document of title is nonnegotiable if, at the time it is issued, the document has a conspicuous legend, however expressed, that it is nonnegotiable.
History: En. Sec. 7-104, Ch. 264, L. 1963; R.C.M. 1947, 87A-7-104; amd. Sec. 37, Ch. 575, L. 2005.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 7. Uniform Commercial Code -- Warehouse Receipts, Bills of Lading, and Other Documents of Title › Part 1. General › 30-7-105. Repealed

30-7-105. Repealed.
Sec. 90, Ch. 575, L. 2005.
History: En. Sec. 7-105, Ch. 264, L. 1963; R.C.M. 1947, 87A-7-105.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 7. Uniform Commercial Code -- Warehouse Receipts, Bills of Lading, and Other Documents of Title › Part 1. General › 30-7-106. Reissuance in alternative medium

30-7-106. Reissuance in alternative medium.
(1) Upon request of a person entitled under an electronic document of title, the issuer of the electronic document may issue a tangible document of title as a substitute for the electronic document if:
(a) the person entitled under the electronic document surrenders control of the document to the issuer; and
(b) the tangible document when issued contains a statement that it is issued in substitution for the electronic document.
(2) Upon issuance of a tangible document of title in substitution for an electronic document of title in accordance with subsection (1):
(a) the electronic document ceases to have any effect or validity; and
(b) the person that procured issuance of the tangible document warrants to all subsequent persons entitled under the tangible document that the warrantor was a person entitled under the electronic document when the warrantor surrendered control of the electronic document to the issuer.
(3) Upon request of a person entitled under a tangible document of title, the issuer of the tangible document may issue an electronic document of title as a substitute for the tangible document if:
(a) the person entitled under the tangible document surrenders possession of the document to the issuer; and
(b) the electronic document when issued contains a statement that it is issued in substitution for the tangible document.
(4) Upon issuance of the electronic document of title in substitution for a tangible document of title in accordance with subsection (3):
(a) the tangible document ceases to have any effect or validity; and
(b) the person that procured issuance of the electronic document warrants to all subsequent persons entitled under the electronic document that the warrantor was a person entitled under the tangible document when the warrantor surrendered possession of the tangible document to the issuer.
History: En. Sec. 38, Ch. 575, L. 2005.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 7. Uniform Commercial Code -- Warehouse Receipts, Bills of Lading, and Other Documents of Title › Part 1. General › 30-7-107. Control of electronic document of title

30-7-107. Control of electronic document of title.
(1) A person has control of an electronic document of title if a system employed for evidencing the transfer of interests in the electronic document reliably establishes that person as the person to which the electronic document was issued or transferred.
(2) A system satisfies subsection (1), and a person is considered to have control of an electronic document of title, if the document is created, stored, and assigned in such a manner that:
(a) a single authoritative copy of the document exists which is unique, identifiable, and, except as otherwise provided in subsections (2)(d), (2)(e), and (2)(f), unalterable;
(b) the authoritative copy identifies the person asserting control as:
(i) the person to which the document was issued; or
(ii) if the authoritative copy indicates that the document has been transferred, the person to which the document was most recently transferred;
(c) the authoritative copy is communicated to and maintained by the person asserting control or its designated custodian;
(d) copies or amendments that add or change an identified assignee of the authoritative copy can be made only with the consent of the person asserting control;
(e) each copy of the authoritative copy and any copy of a copy is readily identifiable as a copy that is not the authoritative copy; and
(f) any amendment of the authoritative copy is readily identifiable as authorized or unauthorized.
History: En. Sec. 39, Ch. 575, L. 2005.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 7. Uniform Commercial Code -- Warehouse Receipts, Bills of Lading, and Other Documents of Title › Part 2. Warehouse Receipts -- Special Provisions › 30-7-201. Person that may issue a warehouse receipt -- storage under government bond

30-7-201. Person that may issue a warehouse receipt -- storage under government bond.
(1) A warehouse receipt may be issued by any warehouse.
(2) If goods, including distilled spirits and agricultural commodities, are stored under a statute requiring a bond against withdrawal or a license for the issuance of receipts in the nature of warehouse receipts, a receipt issued for the goods is considered to be a warehouse receipt even if issued by a person that is the owner of the goods and is not a warehouse.
History: En. Sec. 7-201, Ch. 264, L. 1963; R.C.M. 1947, 87A-7-201; amd. Sec. 40, Ch. 575, L. 2005.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 7. Uniform Commercial Code -- Warehouse Receipts, Bills of Lading, and Other Documents of Title › Part 2. Warehouse Receipts -- Special Provisions › 30-7-202. Form of warehouse receipt

30-7-202. Form of warehouse receipt.
(1) A warehouse receipt need not be in any particular form.
(2) Unless a warehouse receipt provides for each of the following, the warehouse is liable for damages caused to a person injured by its omission:
(a) the location of the warehouse facility where the goods are stored;
(b) the date of issue of the receipt;
(c) the unique identification code of the receipt;
(d) a statement whether the goods received will be delivered to the bearer, to a named person, or to a named person or its order;
(e) the rate of storage and handling charges, but if goods are stored under a field warehousing arrangement, a statement of that fact is sufficient on a nonnegotiable receipt;
(f) a description of the goods or the packages containing them;
(g) the signature of the warehouse or its agent;
(h) if the receipt is issued for goods that the warehouse owns, either solely, jointly, or in common with others, the fact of that ownership; and
(i) a statement of the amount of advances made and of liabilities incurred for which the warehouse claims a lien or security interest, but if the precise amount of advances made or of liabilities incurred is, at the time of the issue of the receipt, unknown to the warehouse or to its agent that issued the receipt, a statement of the fact that advances have been made or liabilities incurred and the purpose of the advances or liabilities is sufficient.
(3) A warehouse may insert in its receipt any terms that are not contrary to this code and do not impair its obligation of delivery under 30-7-403 or its duty of care under 30-7-204. Any contrary provisions are ineffective.
History: En. Sec. 7-202, Ch. 264, L. 1963; R.C.M. 1947, 87A-7-202; amd. Sec. 41, Ch. 575, L. 2005.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 7. Uniform Commercial Code -- Warehouse Receipts, Bills of Lading, and Other Documents of Title › Part 2. Warehouse Receipts -- Special Provisions › 30-7-203. Liability for nonreceipt or misdescription

30-7-203. Liability for nonreceipt or misdescription.
A party to or purchaser for value in good faith of a document of title, other than a bill of lading, that relies upon the description of the goods in the document may recover from the issuer damages caused by the nonreceipt or misdescription of the goods, except to the extent that:
(1) the document conspicuously indicates that the issuer does not know whether all or part of the goods in fact were received or conform to the description, such as a case in which the description is in terms of marks or labels or kind, quantity, or condition, or the receipt or description is qualified by "contents, condition, and quality unknown", "said to contain", or words of similar import, if the indication is true; or
(2) the party or purchaser has notice of the nonreceipt or misdescription.
History: En. Sec. 7-203, Ch. 264, L. 1963; R.C.M. 1947, 87A-7-203; amd. Sec. 42, Ch. 575, L. 2005.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 7. Uniform Commercial Code -- Warehouse Receipts, Bills of Lading, and Other Documents of Title › Part 2. Warehouse Receipts -- Special Provisions › 30-7-204. Duty of care -- contractual limitation of warehouse's liability

30-7-204. Duty of care -- contractual limitation of warehouse's liability.
(1) A warehouse is liable for damages for loss of or injury to the goods caused by its failure to exercise care with regard to the goods that a reasonably careful person would exercise under similar circumstances. However, unless otherwise agreed, the warehouse is not liable for damages that could not have been avoided by the exercise of that care.
(2) Damages may be limited by a term in the warehouse receipt or storage agreement limiting the amount of liability in case of loss or damage beyond which the warehouse is not liable. Such a limitation is not effective with respect to the warehouse's liability for conversion to its own use. The warehouse's liability, on request of the bailor in a record at the time of signing such storage agreement or within a reasonable time after receipt of the warehouse receipt, may be increased on part or all of the goods covered by the storage agreement or the warehouse receipt. In this event, increased rates may be charged based on an increased valuation of the goods.
(3) Reasonable provisions as to the time and manner of presenting claims and instituting actions based on the bailment may be included in the warehouse receipt or storage agreement.
History: En. Sec. 7-204, Ch. 264, L. 1963; R.C.M. 1947, 87A-7-204; amd. Sec. 43, Ch. 575, L. 2005.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 7. Uniform Commercial Code -- Warehouse Receipts, Bills of Lading, and Other Documents of Title › Part 2. Warehouse Receipts -- Special Provisions › 30-7-205. Title under warehouse receipt defeated in certain cases

30-7-205. Title under warehouse receipt defeated in certain cases.
A buyer in the ordinary course of business of fungible goods sold and delivered by a warehouse that is also in the business of buying and selling such goods takes free of any claim under a warehouse receipt even if the receipt is negotiable and has been duly negotiated.
History: En. Sec. 7-205, Ch. 264, L. 1963; R.C.M. 1947, 87A-7-205; amd. Sec. 44, Ch. 575, L. 2005.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 7. Uniform Commercial Code -- Warehouse Receipts, Bills of Lading, and Other Documents of Title › Part 2. Warehouse Receipts -- Special Provisions › 30-7-206. Termination of storage at warehouse's option

30-7-206. Termination of storage at warehouse's option.
(1) A warehouse, by giving notice to the person on whose account the goods are held and any other person known to claim an interest in the goods, may require payment of any charges and removal of the goods from the warehouse at the termination of the period of storage fixed by the document of title, or, if a period is not fixed, within a stated period not less than 30 days after the warehouse gives notice. If the goods are not removed before the date specified in the notice, the warehouse may sell them pursuant to 30-7-210.
(2) If a warehouse in good faith believes that the goods are about to deteriorate or decline in value to less than the amount of its lien within the time prescribed in subsection (1) and 30-7-210, the warehouse may specify in the notice given under subsection (1) any reasonable shorter time for removal of the goods and, if the goods are not removed, may sell them at public sale held not less than 1 week after a single advertisement or posting.
(3) If, as a result of a quality or condition of the goods of which the warehouse did not have notice at the time of deposit, the goods are a hazard to other property, the warehouse facilities, or other persons, the warehouse may sell the goods at public or private sale without advertisement or posting on reasonable notification to all persons known to claim an interest in the goods. If the warehouse, after a reasonable effort, is unable to sell the goods, it may dispose of them in any lawful manner and does not incur liability by reason of that disposition.
(4) A warehouse shall deliver the goods to any person entitled to them under this chapter upon due demand made at any time prior to sale or other disposition under this section.
(5) A warehouse may satisfy its lien from the proceeds of any sale or disposition under this section but shall hold the balance for delivery on the demand of any person to which the warehouse would have been bound to deliver the goods.
History: En. Sec. 7-206, Ch. 264, L. 1963; R.C.M. 1947, 87A-7-206; amd. Sec. 45, Ch. 575, L. 2005.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 7. Uniform Commercial Code -- Warehouse Receipts, Bills of Lading, and Other Documents of Title › Part 2. Warehouse Receipts -- Special Provisions › 30-7-207. Goods must be kept separate -- fungible goods

30-7-207. Goods must be kept separate -- fungible goods.
(1) Unless the warehouse receipt otherwise provides, a warehouse shall keep separate the goods covered by each receipt so as to permit at all times identification and delivery of those goods. However, different lots of fungible goods may be commingled.
(2) If different lots of fungible goods are commingled, the goods owned in common by the persons entitled thereto and the warehouse is severally liable to each owner for that owner's share. If, because of overissue, a mass of fungible goods is insufficient to meet all the receipts the warehouse has issued against it, the persons entitled include all holders to which overissued receipts have been duly negotiated.
History: En. Sec. 7-207, Ch. 264, L. 1963; R.C.M. 1947, 87A-7-207; amd. Sec. 46, Ch. 575, L. 2005.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 7. Uniform Commercial Code -- Warehouse Receipts, Bills of Lading, and Other Documents of Title › Part 2. Warehouse Receipts -- Special Provisions › 30-7-208. Altered warehouse receipts

30-7-208. Altered warehouse receipts.
If a blank in a negotiable tangible warehouse receipt has been filled in without authority, a good faith purchaser for value and without notice of the lack of authority may treat the insertion as authorized. Any other unauthorized alteration leaves any tangible or electronic warehouse receipt enforceable against the issuer according to its original tenor.
History: En. Sec. 7-208, Ch. 264, L. 1963; R.C.M. 1947, 87A-7-208; amd. Sec. 47, Ch. 575, L. 2005.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 7. Uniform Commercial Code -- Warehouse Receipts, Bills of Lading, and Other Documents of Title › Part 3. Bills of Lading -- Special Provisions › 30-7-301. Liability for nonreceipt or misdescription -- "said to contain" -- "shipper's load and count" -- improper handling

30-7-301. Liability for nonreceipt or misdescription -- "said to contain" -- "shipper's load and count" -- improper handling.
(1) A consignee of a nonnegotiable bill which has given value in good faith, or a holder to which a negotiable bill has been duly negotiated, relying upon the description of the goods in the bill or upon the date shown in the bill, may recover from the issuer damages caused by the misdating of the bill or the nonreceipt or misdescription of the goods, except to the extent that the document of title indicates that the issuer does not know whether any part or all of the goods in fact were received or conform to the description, such as in a case in which the description is in terms of marks or labels or kind, quantity, or condition or the receipt or description is qualified by "contents or condition of contents of packages unknown", "said to contain", "shipper's weight, load and count", or words of similar import, if that indication is true.
(2) If goods are loaded by the issuer of the bill of lading, the issuer shall count the packages of goods if shipped in packages and ascertain the kind and quantity if shipped in bulk and words such as "shipper's weight, load and count" or words of similar import indicating that the description was made by the shipper are ineffective except as to goods concealed by packages.
(3) If bulk goods are loaded by a shipper that makes available to the issuer of the bill of lading adequate facilities for weighing those goods, the issuer shall ascertain the kind and quantity within a reasonable time after receiving the shipper's request in a record to do so. In that case, "shipper's weight" or other words of similar import are ineffective.
(4) The issuer, by including in the bill of lading the words "shipper's weight, load and count", or words of similar import, may indicate that the goods were loaded by the shipper, and if that statement is true, the issuer is not liable for damages caused by the improper loading. However, omission of such words does not imply liability for damages caused by improper loading.
(5) A shipper guarantees to the issuer the accuracy at the time of shipment of the description, marks, labels, number, kind, quantity, condition, and weight, as furnished by the shipper, and the shipper shall indemnify the issuer against damage caused by inaccuracies in those particulars. This right of the issuer to that indemnity does not limit its responsibility or liability under the contract of carriage to any person other than the shipper.
History: En. Sec. 7-301, Ch. 264, L. 1963; R.C.M. 1947, 87A-7-301; amd. Sec. 50, Ch. 575, L. 2005.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 7. Uniform Commercial Code -- Warehouse Receipts, Bills of Lading, and Other Documents of Title › Part 3. Bills of Lading -- Special Provisions › 30-7-302. Through bills of lading and similar documents of title

30-7-302. Through bills of lading and similar documents of title.
(1) The issuer of a through bill of lading or other document of title embodying an undertaking to be performed in part by persons acting as its agents or by a performing carrier is liable to any person entitled to recover on the document for any breach by the other person or the performing carrier of its obligation under the document. However, to the extent that the bill covers an undertaking to be performed overseas or in territory not contiguous to the continental United States or an undertaking including matters other than transportation, this liability for breach by the other person or the performing carrier may be varied by agreement of the parties.
(2) Where goods covered by a through bill of lading or other document embodying an undertaking to be performed in part by persons other than the issuer are received by that person, the person is subject with respect to its own performance while the goods are in its possession to the obligation of the issuer. The person's obligation is discharged by delivery of the goods to another person pursuant to the document and does not include liability for breach by any other person or by the issuer.
(3) The issuer of a through bill of lading or other document of title described in subsection (1) is entitled to recover from the performing carrier, or other person in possession of the goods when the breach of the obligation under the document occurred:
(a) the amount it may be required to pay to any person entitled to recover on the document for the breach, as may be evidenced by any receipt, judgment, or transcript of judgment; and
(b) the amount of any expense reasonably incurred by the issuer in defending any action commenced by any person entitled to recover on the document for the breach.
History: En. Sec. 7-302, Ch. 264, L. 1963; R.C.M. 1947, 87A-7-302; amd. Sec. 51, Ch. 575, L. 2005; amd. Sec. 899, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 7. Uniform Commercial Code -- Warehouse Receipts, Bills of Lading, and Other Documents of Title › Part 3. Bills of Lading -- Special Provisions › 30-7-303. Diversion -- reconsignment -- change of instructions

30-7-303. Diversion -- reconsignment -- change of instructions.
(1) Unless the bill of lading otherwise provides, a carrier may deliver the goods to a person or destination other than that stated in the bill or may otherwise dispose of the goods, without liability for misdelivery, on instructions from:
(a) the holder of a negotiable bill; or
(b) the consignor on a nonnegotiable bill even if the consignee has given contrary instructions; or
(c) the consignee on a nonnegotiable bill in the absence of contrary instructions from the consignor, if the goods have arrived at the billed destination or if the consignee is in possession of the tangible bill or in control of the electronic bill; or
(d) the consignee on a nonnegotiable bill, if the consignee is entitled as against the consignor to dispose of the goods.
(2) Unless instructions described in subsection (1) are included in a negotiable bill of lading, a person to which the bill is duly negotiated may hold the bailee according to the original terms.
History: En. Sec. 7-303, Ch. 264, L. 1963; R.C.M. 1947, 87A-7-303; amd. Sec. 52, Ch. 575, L. 2005.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 7. Uniform Commercial Code -- Warehouse Receipts, Bills of Lading, and Other Documents of Title › Part 3. Bills of Lading -- Special Provisions › 30-7-304. Tangible bills of lading in a set

30-7-304. Tangible bills of lading in a set.
(1) Except as customary in international transportation, a bill of lading may not be issued in a set of parts. The issuer is liable for damages caused by violation of this subsection.
(2) If a tangible bill of lading is lawfully issued in a set of parts, each of which contains an identification code and is expressed to be valid only if the goods have not been delivered against any other part, the whole of the parts constitute one bill.
(3) If a tangible negotiable bill of lading is lawfully issued in a set of parts and different parts are negotiated to different persons, the title of the holder to which the first due negotiation is made prevails as to both the document of title and the goods even if any later holder may have received the goods from the carrier in good faith and discharged the carrier's obligation by surrendering its part.
(4) A person that negotiates or transfers a single part of a tangible bill of lading issued in a set is liable to holders of that part as if it were the whole set.
(5) The bailee is obliged to deliver in accordance with part 4 of this chapter against the first presented part of a tangible bill of lading lawfully issued in a set. Delivery in this manner discharges the bailee's obligation on the whole bill.
History: En. Sec. 7-304, Ch. 264, L. 1963; R.C.M. 1947, 87A-7-304; amd. Sec. 53, Ch. 575, L. 2005.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 7. Uniform Commercial Code -- Warehouse Receipts, Bills of Lading, and Other Documents of Title › Part 3. Bills of Lading -- Special Provisions › 30-7-305. Destination bills

30-7-305. Destination bills.
(1) Instead of issuing a bill of lading to the consignor at the place of shipment, a carrier, at the request of the consignor, may procure the bill to be issued at destination or at any other place designated in the request.
(2) Upon request of any person entitled as against a carrier to control the goods while in transit and on surrender of possession or control of any outstanding bill of lading or other receipt covering the goods, the issuer, subject to 30-7-106, may procure a substitute bill to be issued at any place designated in the request.
History: En. Sec. 7-305, Ch. 264, L. 1963; R.C.M. 1947, 87A-7-305; amd. Sec. 54, Ch. 575, L. 2005.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 7. Uniform Commercial Code -- Warehouse Receipts, Bills of Lading, and Other Documents of Title › Part 3. Bills of Lading -- Special Provisions › 30-7-306. Altered bills of lading

30-7-306. Altered bills of lading.
An unauthorized alteration or filling in of a blank in a bill of lading leaves the bill enforceable according to its original tenor.
History: En. Sec. 7-306, Ch. 264, L. 1963; R.C.M. 1947, 87A-7-306.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 7. Uniform Commercial Code -- Warehouse Receipts, Bills of Lading, and Other Documents of Title › Part 3. Bills of Lading -- Special Provisions › 30-7-307. Lien of carrier

30-7-307. Lien of carrier.
(1) A carrier has a lien on the goods covered by a bill of lading or on the proceeds thereof in its possession for charges after the date of the carrier's receipt of the goods for storage or transportation, including demurrage and terminal charges, and for expenses necessary for preservation of the goods incident to their transportation or reasonably incurred in their sale pursuant to law. However, against a purchaser for value of a negotiable bill of lading, a carrier's lien is limited to charges stated in the bill or the applicable tariffs, or if no charges are stated, a reasonable charge.
(2) A lien for charges and expenses under subsection (1) on goods that the carrier was required by law to receive for transportation is effective against the consignor or any person entitled to the goods unless the carrier had notice that the consignor lacked authority to subject the goods to those charges and expenses. Any other lien under subsection (1) is effective against the consignor and any person that permitted the bailor to have control or possession of the goods unless the carrier had notice that the bailor lacked authority.
(3) A carrier loses its lien on any goods that it voluntarily delivers or unjustifiably refuses to deliver.
History: En. Sec. 7-307, Ch. 264, L. 1963; R.C.M. 1947, 87A-7-307; amd. Sec. 55, Ch. 575, L. 2005.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 7. Uniform Commercial Code -- Warehouse Receipts, Bills of Lading, and Other Documents of Title › Part 3. Bills of Lading -- Special Provisions › 30-7-308. Enforcement of carrier's lien

30-7-308. Enforcement of carrier's lien.
(1) A carrier's lien on goods may be enforced by public or private sale of the goods, in bulk or in packages, at any time or place and on any terms that are commercially reasonable, after notifying all persons known to claim an interest in the goods. The notification must include a statement of the amount due, the nature of the proposed sale, and the time and place of any public sale. The fact that a better price could have been obtained by a sale at a different time or in a different method from that selected by the carrier is not of itself sufficient to establish that the sale was not made in a commercially reasonable manner. The carrier has sold goods in a commercially reasonable manner if the carrier sells the goods in the usual manner in any recognized market therefor, sells at the price current in that market at the time of sale, or has otherwise sold in conformity with commercially reasonable practices among dealers in the type of goods sold. A sale of more goods than apparently necessary to be offered to ensure satisfaction of the obligation is not commercially reasonable except in cases covered by the preceding sentence.
(2) Before any sale pursuant to this section, any person claiming a right in the goods may pay the amount necessary to satisfy the lien and the reasonable expenses incurred in complying with this section. In that event, the goods may not be sold, but must be retained by the carrier, subject to the terms of the bill of lading and this chapter.
(3) A carrier may buy at any public sale pursuant to this section.
(4) A purchaser in good faith of goods sold to enforce a carrier's lien takes the goods free of any rights of persons against which the lien was valid, despite the carrier's noncompliance with this section.
(5) A carrier may satisfy its lien from the proceeds of any sale pursuant to this section but shall hold the balance, if any, for delivery on demand to any person to which the carrier would have been bound to deliver the goods.
(6) The rights provided by this section are in addition to all other rights allowed by law to a creditor against a debtor.
(7) A carrier's lien may be enforced pursuant to either subsection (1) or the procedure set forth in 30-7-210(2).
(8) A carrier is liable for damages caused by failure to comply with the requirements for sale under this section and, in case of willful violation, is liable for conversion.
History: En. Sec. 7-308, Ch. 264, L. 1963; R.C.M. 1947, 87A-7-308; amd. Sec. 56, Ch. 575, L. 2005.