30-2-310. Open time for payment or running of credit -- authority to ship under reservation. Unless otherwise agreed:
(1) payment is due at the time and place at which the buyer is to receive the goods even though the place of shipment is the place of delivery; and
(2) if the seller is authorized to send the goods the seller may ship them under reservation, and may tender the documents of title, but the buyer may inspect the goods after their arrival before payment is due unless such inspection is inconsistent with the terms of the contract (30-2-513); and
(3) if delivery is authorized and made by way of documents of title otherwise than by subsection (2) then payment is due regardless of where the goods are to be received:
(a) at the time and place at which the buyer is to receive delivery of the tangible documents;
(b) at the time the buyer is to receive delivery of the electronic documents and at the seller's place of business or, if none, the seller's residence; and
(4) where the seller is required or authorized to ship the goods on credit the credit period runs from the time of shipment but postdating the invoice or delaying its dispatch will correspondingly delay the starting of the credit period.
History: En. Sec. 2-310, Ch. 264, L. 1963; R.C.M. 1947, 87A-2-310; amd. Sec. 15, Ch. 575, L. 2005.
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