402.104 Definitions: “merchant"; “between merchants"; “financing agency".
(1) “Between merchants" means in any transaction with respect to which both parties are chargeable with the knowledge or skill of merchants.
(2) “Financing agency" means a bank, finance company or other person who in the ordinary course of business makes advances against goods or documents of title or who by arrangement with either the seller or the buyer intervenes in ordinary course to make or collect payment due or claimed under the contract for sale, as by purchasing or paying the seller's draft or making advances against it or by merely taking it for collection whether or not documents of title accompany or are associated with the draft. “Financing agency" includes also a bank or other person who similarly intervenes between persons who are in the position of seller and buyer in respect to the goods (s. 402.707).
(3) “Merchant" means a person who deals in goods of the kind or otherwise by his or her occupation holds himself or herself out as having knowledge or skill peculiar to the practices or goods involved in the transaction or to whom such knowledge or skill may be attributed by his or her employment of an agent or broker or other intermediary who by his or her occupation holds himself or herself out as having such knowledge or skill.
History: 1983 a. 189; 1991 a. 316; 2009 a. 322.
Because the status of “merchant" under sub. (3) does not attach to the casual or inexperienced seller, whether a farmer is a merchant rests upon the individualized facts of the case. Harvest States Cooperatives v. Anderson, 217 Wis. 2d 154, 577 N.W.2d 381 (Ct. App. 1998), 97-2762.
A county as a merchant under the uniform commercial code. 1980 WLR 194.
Structure Wisconsin Statutes & Annotations
Wisconsin Statutes & Annotations
Chapter 402 - Uniform commercial code — sales.
402.102 - Scope; certain security and other transactions excluded from this chapter.
402.103 - Definitions and index of definitions.
402.104 - Definitions: “merchant"; “between merchants"; “financing agency".
402.105 - Definitions: transferability; “goods"; “future" goods; “lot"; “commercial unit".
402.107 - Goods to be severed from realty: recording.
402.201 - Formal requirements; statute of frauds.
402.202 - Final written expression: parol or extrinsic evidence.
402.204 - Formation in general.
402.206 - Offer and acceptance in formation of contract.
402.207 - Additional terms in acceptance or confirmation.
402.208 - Course of performance or practical construction.
402.209 - Modification, rescission and waiver.
402.210 - Delegation of performance; assignment of rights.
402.301 - General obligations of parties.
402.302 - Unconscionable contract or clause.
402.303 - Allocation or division of risks.
402.304 - Price payable in money, goods, realty, or otherwise.
402.306 - Output, requirements and exclusive dealings.
402.307 - Delivery in single lot or several lots.
402.308 - Absence of specified place for delivery.
402.309 - Absence of specific time provisions; notice of termination.
402.310 - Open time for payment or running of credit; authority to ship under reservation.
402.311 - Options and cooperation respecting performance.
402.312 - Warranty of title and against infringements; buyer's obligation against infringement.
402.313 - Express warranties by affirmation, promise, description, sample.
402.314 - Implied warranty: merchantability; usage of trade.
402.315 - Implied warranty: fitness for particular purpose.
402.316 - Exclusion or modification of warranties.
402.317 - Cumulation and conflict of warranties express or implied.
402.318 - Third-party beneficiaries of warranties, express or implied.
402.319 - F.O.B. and F.A.S. terms.
402.320 - C.I.F. and C.& F. terms.
402.323 - Form of bill of lading required in overseas shipment; “overseas".
402.324 - “ No arrival, no sale" term.
402.325 - “ Letter of credit" term; “confirmed credit".
402.326 - Sale on approval and sale or return; rights of creditors.
402.327 - Special incidents of sale on approval and sale or return.
402.401 - Passing of title; reservation for security; limited application of this section.
402.402 - Rights of seller's creditors against sold goods.
402.403 - Power to transfer; good faith purchase of goods; “entrusting".
402.501 - Insurable interest in goods; manner of identification of goods.
402.502 - Buyer's right to goods on seller's repudiation, failure to deliver, or insolvency.
402.503 - Manner of seller's tender of delivery.
402.505 - Seller's shipment under reservation.
402.506 - Rights of financing agency.
402.507 - Effect of seller's tender; delivery on condition.
402.508 - Cure by seller of improper tender or delivery; replacement.
402.509 - Risk of loss in the absence of breach.
402.510 - Effect of breach on risk of loss.
402.511 - Tender of payment by buyer; payment by check.
402.512 - Payment by buyer before inspection.
402.513 - Buyer's right to inspection of goods.
402.514 - When documents deliverable on acceptance; when on payment.
402.515 - Preserving evidence of goods in dispute.
402.601 - Buyer's rights on improper delivery.
402.602 - Manner and effect of rightful rejection.
402.603 - Merchant buyer's duties as to rightfully rejected goods.
402.604 - Buyer's options as to salvage of rightfully rejected goods.
402.605 - Waiver of buyer's objections by failure to particularize.
402.606 - What constitutes acceptance of goods.
402.608 - Revocation of acceptance in whole or in part.
402.609 - Right to adequate assurance of performance.
402.610 - Anticipatory repudiation.
402.611 - Retraction of anticipatory repudiation.
402.612 - “ Installment contract"; breach.
402.613 - Casualty to identified goods.
402.614 - Substituted performance.
402.615 - Excuse by failure of presupposed conditions.
402.616 - Procedure on notice claiming excuse.
402.701 - Remedies for breach of collateral contracts not impaired.
402.702 - Seller's remedies on discovery of buyer's insolvency.
402.703 - Seller's remedies in general.
402.705 - Seller's stoppage of delivery in transit or otherwise.
402.706 - Seller's resale including contract for resale.
402.707 - “ Person in the position of a seller".
402.708 - Seller's damages for nonacceptance or repudiation.
402.709 - Action for the price.
402.710 - Seller's incidental damages.
402.711 - Buyer's remedies in general; buyer's security interest in rejected goods.
402.712 - “ Cover"; buyer's procurement of substitute goods.
402.713 - Buyer's damages for nondelivery or repudiation.
402.714 - Buyer's damages for breach in regard to accepted goods.
402.715 - Buyer's incidental and consequential damages.
402.716 - Buyer's right to specific performance or replevin.
402.717 - Deduction of damages from the price.
402.718 - Liquidation or limitation of damages; deposits.
402.719 - Contractual modification or limitation of remedy.
402.720 - Effect of “cancellation" or “rescission" on claims for antecedent breach.
402.722 - Who can sue 3rd parties for injury to goods.
402.723 - Proof of market price: time and place.