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:
(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.
History: En. Sec. 2-608, Ch. 264, L. 1963; R.C.M. 1947, 87A-2-608; amd. Sec. 866, Ch. 56, L. 2009.
Structure Montana Code Annotated
Chapter 2. Uniform Commercial Code Sales
Part 6. Breach, Repudiation, and Excuse
30-2-601. Buyer's rights on improper delivery
30-2-602. Manner and effect of rightful rejection
30-2-603. Merchant buyer's duties as to rightfully rejected goods
30-2-604. Buyer's options as to salvage of rightfully rejected goods
30-2-605. Waiver of buyer's objections by failure to particularize
30-2-606. What constitutes acceptance of goods
30-2-608. Revocation of acceptance in whole or in part
30-2-609. Right to adequate assurance of performance
30-2-610. Anticipatory repudiation
30-2-611. Retraction of anticipatory repudiation
30-2-612. "Installment contract" -- breach
30-2-613. Casualty to identified goods
30-2-614. Substituted performance