This lease rider form may be used when you are involved in a lease transaction, and in the event of a conflict or inconsistency between the printed terms of this Lease and added terms of the Lease, the added terms shall control and be deemed to supersede the printed terms of the Lease.
Montana Conflicts Between Printed Form and Added Terms refer to situations where disputes arise between the pre-printed terms of a contract and the additional terms added by the parties involved. In such cases, conflicts may arise as to which terms will prevail and govern the contract. Understanding these conflicts is crucial for ensuring legal compliance and minimizing disputes. In Montana, the Uniform Commercial Code (UCC) provides guidelines for determining the priority of terms in a contract. The UCC outlines two different scenarios for conflicts between printed form and added terms: 1. Conflicts involving Different Types of Forms: — Standard Form Contracts: A standard form contract is a preprinted contract containing provisions that are used universally for similar transactions. In Montana, conflicts between the preprinted terms of a standard form contract and additional terms may be resolved in favor of the added terms if they are consistent with the parties' intent and both parties had a reasonable opportunity to review and understand them. — Non-Standard Form Contracts: Non-standard form contracts are agreements specifically drafted for a particular transaction. Conflicts between the preprinted terms of a non-standard form contract and added terms are generally resolved in favor of the preprinted terms unless the added terms are expressly agreed upon by both parties. 2. Conflicts involving Merchant and Non-Merchant Transactions: — Merchant Transactions: According to the UCC, a merchant is an individual or entity that deals in goods of the kind involved in the contract and has knowledge or skill related to the particular goods. In Montana, conflicts between the printed form and added terms in merchant transactions are resolved in favor of the added terms if they don't materially alter the contract and the other party does not object within a reasonable time. — Non-Merchant Transactions: A non-merchant transaction involves parties who are not considered merchants under the UCC. In such cases, conflicts between the printed form and added terms are generally resolved in favor of the preprinted terms unless the added terms are expressly agreed upon by both parties. To avoid conflicts between printed form and added terms in Montana contracts, it is important to clearly communicate and negotiate the terms before entering into an agreement. Parties should be aware of the applicable legal framework and consult legal professionals if needed to ensure compliance and clarity in their contracts.
