Wisconsin Statutes & Annotations
Chapter 411 - Uniform commercial code — leases.
411.212 - Implied warranty of merchantability.

411.212 Implied warranty of merchantability.
(1) Except in a finance lease, a warranty that the goods will be merchantable is implied in a lease contract if the lessor is a merchant with respect to goods of that kind.
(2) To be merchantable, goods shall meet all of the following minimum standards:
(a) Pass without objection in the trade under the description in the lease agreement.
(b) If fungible goods, be of fair average quality within the description.
(c) Be fit for the ordinary purposes for which goods of that type are used.
(d) Run, within the variation permitted by the lease agreement, of even kind, quality and quantity within each unit and among all units involved.
(e) Be adequately contained, packaged and labeled as the lease agreement requires.
(f) Conform to any promises or affirmations of fact made on the container or label.
(3) Other implied warranties may arise from course of dealing or usage of trade.
History: 1991 a. 148.

Structure Wisconsin Statutes & Annotations

Wisconsin Statutes & Annotations

Chapter 411 - Uniform commercial code — leases.

411.101 - Short title.

411.102 - Scope.

411.103 - Definitions and index of definitions.

411.104 - Leases subject to other law.

411.105 - Territorial application of chapter to goods covered by certificate of title.

411.106 - Limitation on power of parties to consumer lease to choose applicable law and judicial forum.

411.107 - Waiver or renunciation of claim or right after default.

411.108 - Unconscionability.

411.109 - Option to accelerate at will.

411.201 - Statute of frauds.

411.202 - Final written expression: parol or extrinsic evidence.

411.203 - Seals inoperative.

411.204 - Formation in general.

411.205 - Firm offers.

411.206 - Offer and acceptance in formation of lease contract.

411.207 - Course of performance or practical construction.

411.208 - Modification, rescission and waiver.

411.209 - Lessee under finance lease as beneficiary of supply contract.

411.210 - Express warranties.

411.211 - Warranties against interference and against infringement; lessee's obligation against infringement.

411.212 - Implied warranty of merchantability.

411.213 - Implied warranty of fitness for particular purpose.

411.214 - Exclusion or modification of warranties.

411.215 - Cumulation and conflict of warranties express or implied.

411.216 - Third-party beneficiaries of express and implied warranties.

411.217 - Identification.

411.218 - Insurance and proceeds.

411.219 - Risk of loss.

411.220 - Effect of default on risk of loss.

411.221 - Casualty to identified goods.

411.301 - Enforceability of lease contract.

411.302 - Title to and possession of goods.

411.303 - Alienability of party's interest under lease contract or of lessor's residual interest in goods; delegation of performance; transfer of rights.

411.304 - Subsequent lease of goods by lessor.

411.305 - Sale or sublease of goods by lessee.

411.306 - Priority of certain liens arising by operation of law.

411.307 - Priority of liens arising by attachment or levy on, security interests in, and other claims to goods.

411.308 - Special rights of creditors.

411.309 - Lessor's and lessee's rights when goods become fixtures.

411.310 - Lessor's and lessee's rights when goods become accessions.

411.311 - Priority subject to subordination.

411.401 - Insecurity: adequate assurance of performance.

411.402 - Anticipatory repudiation.

411.403 - Retraction of anticipatory repudiation.

411.404 - Substituted performance.

411.405 - Excused performance.

411.406 - Procedure on excused performance.

411.407 - Irrevocable promises: finance leases.

411.501 - Default: Procedure.

411.502 - Notice after default.

411.503 - Modification or impairment of rights and remedies.

411.504 - Liquidation of damages.

411.505 - Cancellation and termination and effect of cancellation, termination, rescission or fraud on rights and remedies.

411.506 - Statute of limitations.

411.507 - Proof of market rent: time and place.

411.508 - Lessee's remedies.

411.509 - Lessee's rights on improper delivery; rightful rejection.

411.510 - Installment lease contracts: rejection and default.

411.511 - Merchant lessee's duties as to rightfully rejected goods.

411.512 - Lessee's duties as to rightfully rejected goods.

411.513 - Cure by lessor of improper tender or delivery; replacement.

411.514 - Waiver of lessee's objections.

411.515 - Acceptance of goods.

411.516 - Effect of acceptance of goods; notice of default; burden of establishing default after acceptance; notice of claim or litigation to person answerable over.

411.517 - Revocation of acceptance of goods.

411.518 - Cover; substitute goods.

411.519 - Lessee's damages for nondelivery, repudiation, default and breach of warranty in regard to accepted goods.

411.520 - Lessee's incidental and consequential damages.

411.521 - Lessee's right to specific performance or replevin.

411.522 - Lessee's right to goods on lessor's insolvency.

411.523 - Lessor's remedies.

411.524 - Lessor's right to identify goods to lease contract.

411.525 - Lessor's right to possession of goods.

411.526 - Lessor's stoppage of delivery in transit or otherwise.

411.527 - Lessor's rights to dispose of goods.

411.528 - Lessor's damages for nonacceptance, failure to pay, repudiation or other default.

411.529 - Lessor's action for the rent.

411.530 - Lessor's incidental damages.

411.531 - Standing to sue 3rd parties for injury to goods.

411.532 - Lessor's rights to residual interest.

411.901 - Applicability; written agreement to modify.