16-3-415. Definitions. As used in this part, unless the context requires otherwise, the following definitions apply:

Terms Used In Montana Code 16-3-415

  • Agreement of distributorship: means a contract, agreement, commercial relationship, license, or other arrangement for a definite or an indefinite period of time between a supplier and a table wine distributor that provides for the sale of table wine by the supplier to the table wine distributor. See Montana Code 16-3-415
  • Contract: A legal written agreement that becomes binding when signed.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Person: means a natural person, corporation, partnership, trust, agency, or other entity and includes individual officers, directors, or other persons in active control of the activities of the entity. See Montana Code 16-3-415
  • Supplier: means a winery or an importer of table wines that enters into or is a party to an agreement of distributorship with a table wine distributor. See Montana Code 16-3-415

(1)”Agreement of distributorship” means a contract, agreement, commercial relationship, license, or other arrangement for a definite or an indefinite period of time between a supplier and a table wine distributor that provides for the sale of table wine by the supplier to the table wine distributor.

(2)”Good cause” means failure by a table wine distributor to comply with reasonable business requirements imposed, or sought to be imposed, by a supplier under the terms of an agreement of distributorship if the requirements are imposed on other similarly situated distributors either by the terms of their agreements or in the manner of their enforcement by the supplier.

(3)”Person” means a natural person, corporation, partnership, trust, agency, or other entity and includes individual officers, directors, or other persons in active control of the activities of the entity.

(4)”Supplier” means a winery or an importer of table wines that enters into or is a party to an agreement of distributorship with a table wine distributor.