30-2-306. Output, requirements and exclusive dealings. (1) A term which measures the quantity by the output of the seller or the requirements of the buyer means such actual output or requirements as may occur in good faith, except that no quantity unreasonably disproportionate to any stated estimate or in the absence of a stated estimate to any normal or otherwise comparable prior output or requirements may be tendered or demanded.
(2) A lawful agreement by either the seller or the buyer for exclusive dealing in the kind of goods concerned imposes unless otherwise agreed an obligation by the seller to use best efforts to supply the goods and by the buyer to use best efforts to promote their sale.
History: En. Sec. 2-306, Ch. 264, L. 1963; R.C.M. 1947, 87A-2-306.
Structure Montana Code Annotated
Chapter 2. Uniform Commercial Code Sales
Part 3. General Obligation and Construction of Contract
30-2-301. General obligations of parties
30-2-302. Unconscionable contract or clause
30-2-303. Allocation or division of risks
30-2-304. Price payable in money, goods, realty, or otherwise
30-2-306. Output, requirements and exclusive dealings
30-2-307. Delivery in single lot or several lots
30-2-308. Absence of specified place for delivery
30-2-309. Absence of specific time provisions -- notice of termination
30-2-310. Open time for payment or running of credit -- authority to ship under reservation
30-2-311. Options and cooperation respecting performance
30-2-312. Warranty of title and against infringement -- buyer's obligation against infringement
30-2-313. Express warranties by affirmation, promise, description, sample
30-2-314. Implied warranty -- merchantability -- usage of trade
30-2-315. Implied warranty -- fitness for particular purpose
30-2-316. Exclusion or modification of warranties
30-2-317. Cumulation and conflict of warranties express or implied
30-2-318. Third-party beneficiaries of warranties express or implied
30-2-319. F.O.B. and F.A.S. terms
30-2-320. C.I.F. and C.&F. terms
30-2-323. Form of bill of lading required in overseas shipment -- "overseas"
30-2-324. "No arrival, no sale" term
30-2-325. "Letter of credit" term -- "confirmed credit"
30-2-326. Sale on approval and sale or return -- rights of creditors
30-2-327. Special incidents of sale on approval and sale or return