In this form, the Buyer waives the breach of contract and states that he/she is willing to accept the nonconforming goods on the exact terms of the original offer.
Montana Notice to Seller of Acceptance of Goods as Accommodation serves as a formal communication from the buyer to the seller, acknowledging the acceptance of goods delivered, even when they do not conform completely to the agreed upon terms and conditions. This notice safeguards the buyer's rights, particularly when they have accepted the goods as accommodation to the seller. In Montana, two types of Notice to Seller of Acceptance of Goods as an Accommodation can be distinguished based on their intent and circumstances: 1. Conditional Acceptance: This type of notice is used when the buyer agrees to accept the goods with specified conditions. These conditions could include requesting the seller to rectify any defects, extend warranties, or provide compensation for any discrepancies regarding quality, quantity, or delivery. The Conditional Acceptance notice emphasizes the buyer's willingness to accommodate the seller for a smooth transition while ensuring their own rights are protected. 2. Accommodation Acceptance: In instances where the buyer accepts the goods as an act of goodwill or accommodation for the seller, due to specific circumstances, they may issue an Accommodation Acceptance notice. This notice serves as evidence that the buyer has made an exception in favor of the seller, recognizing the non-conforming nature of the delivered goods. However, it does not waive the buyer's rights to further remedies or compensation if necessary. When writing a Montana Notice to Seller of Acceptance of Goods as an Accommodation, it is important to include the following key elements: 1. Date: Clearly indicate the date the notice is being issued. 2. Buyer and Seller Details: Provide the full legal names and addresses of both the buyer and the seller, ensuring accurate identification of the parties involved. 3. Reference the Sales Agreement: Include specific details regarding the sales agreement, such as the date of the agreement, purchase order number, or any other pertinent identification information. 4. Description of Goods: Provide a detailed description of the goods accepted, including any variations or non-conforming elements observed. 5. Acknowledgment of Non-Conformity: State clearly that the buyer acknowledges that the goods delivered do not meet the agreed-upon terms and conditions. 6. Conditions or Requests: If applicable, specify any conditions, requests, or expectations the buyer may have for the seller regarding rectification, compensation, or other remedies. 7. Retention of Rights: Express that acceptance of the goods does not waive the buyer's rights to further remedies or compensation if necessary. 8. Signature: Include a space for the buyer to sign and date the notice. When drafting the Montana Notice to Seller of Acceptance of Goods as an Accommodation, it is essential to consult legal professionals or relevant trade associations to ensure compliance with state-specific regulations and terms outlined in the sales agreement.
