30-14-1207. Consumer’s rights. (1) This part may not be considered to limit the rights or remedies available to a consumer under any other law or contract.

Terms Used In Montana Code 30-14-1207

  • Consumer: means a person:

    (a)who purchases a wheelchair from a wheelchair dealer or manufacturer for purposes other than resale;

    (b)to whom the wheelchair is transferred for purposes other than resale if the transfer occurred before the expiration of an express warranty applicable to the wheelchair;

    (c)who may enforce the warranty; or

    (d)who leases a wheelchair from a wheelchair lessor under a written lease. See Montana Code 30-14-1202

  • Contract: A legal written agreement that becomes binding when signed.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Manufacturer: means a person or an agent of a person who manufactures or assembles wheelchairs. See Montana Code 30-14-1202

(2)A waiver of rights under this part by a consumer is void.

(3)A consumer’s rights and remedies under this part are in addition to the rights and remedies provided in chapter 2A.

(4)If the manufacturer fails to comply with 30-14-1204(1)(a) or (1)(b), a consumer may bring an action to recover for damages caused by a violation of this part. The court may award a consumer who prevails in an action triple the amount of any pecuniary loss. A court may also award costs, disbursements, reasonable attorney fees, and any equitable relief that the court determines is appropriate.