Wisconsin Statutes & Annotations
Chapter 402 - Uniform commercial code — sales.
402.505 - Seller's shipment under reservation.

402.505 Seller's shipment under reservation.
(1) Where the seller has identified goods to the contract by or before shipment:
(a) The seller's procurement of a negotiable bill of lading to the seller's own order or otherwise reserves in the seller a security interest in the goods. The seller's procurement of the bill to the order of a financing agency or of the buyer indicates in addition only the seller's expectation of transferring that interest to the person named.
(b) A nonnegotiable bill of lading to the seller or the seller's nominee reserves possession of the goods as security but except in a case of conditional delivery (s. 402.507 (2)) a nonnegotiable bill of lading naming the buyer as consignee reserves no security interest even though the seller retains possession or control of the bill of lading.
(2) When shipment by the seller with reservation of a security interest is in violation of the contract for sale it constitutes an improper contract for transportation within s. 402.504 but impairs neither the rights given to the buyer by shipment and identification of the goods to the contract nor the seller's powers as a holder of a negotiable document of title.
History: 1991 a. 316; 2009 a. 322.

Structure Wisconsin Statutes & Annotations

Wisconsin Statutes & Annotations

Chapter 402 - Uniform commercial code — sales.

402.101 - Short title.

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".

402.106 - Definitions: “contract"; “agreement"; “contract for sale"; “sale"; “present sale"; “conforming" to contract; “termination"; “cancellation".

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.

402.203 - Seals inoperative.

402.204 - Formation in general.

402.205 - Firm offers.

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.

402.305 - Open price term.

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.

402.321 - C.I.F. or C.& F.: “net landed weights"; “payment on arrival"; warranty of condition on arrival.

402.322 - Delivery “ex-ship".

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.

402.328 - Sale by auction.

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.

402.504 - Shipment by seller.

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.

402.607 - Effect of acceptance; notice of breach; burden of establishing breach after acceptance; notice of claim or litigation to person answerable over.

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.

402.704 - Seller's right to identify goods to the contract notwithstanding breach or to salvage unfinished goods.

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.

402.721 - Remedies for fraud.

402.722 - Who can sue 3rd parties for injury to goods.

402.723 - Proof of market price: time and place.

402.724 - Admissibility of market quotations.

402.725 - Statute of limitations in contracts for sale.