Wisconsin Code § 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
Open in Lexace · Ask the AI about this section
(1) A lessee shall pay rent for any goods accepted in accordance
with the lease contract, with due allowance for goods rightfully
rejected or not delivered.
(2) A lessee’s acceptance of goods precludes rejection of the
goods accepted. In the case of a finance lease, if made with
knowledge of a nonconformity, acceptance may not be revoked
because of it. In any other case, if made with knowledge of a
nonconformity, acceptance may not be revoked because of it unless the acceptance was on the reasonable assumption that the
nonconformity would be seasonably cured. Acceptance does not
of itself impair any other remedy provided by this chapter or the
lease agreement for nonconformity.
(3) If a tender has been accepted all of the following apply:
(a) Within a reasonable time after the lessee discovers or
should have discovered any default, the lessee shall notify the
lessor and the supplier, if any, or be barred from any remedy
against the party not notified.
(b) Except in the case of a consumer lease, within a reasonable time after the lessee receives notice of litigation for infringement or the like the lessee shall notify the lessor or be barred
from any remedy over for liability established by the litigation.
(c) The burden is on the lessee to establish any default.
(4) If a lessee is sued for breach of a warranty or other obligation for which a lessor or a supplier is answerable over, all of the
following apply:
(a) The lessee may give the lessor or the supplier, or both,
written notice of the litigation. If the notice states that the person
notified may come in and defend and that if the person notified
does not do so that person will be bound in any action against that
person by the lessee by any determination of fact common to the
2 litigations, then, unless the person notified after seasonable receipt of the notice does come in and defend, that person is so
bound.
(b) The lessor or the supplier may demand in writing that the
lessee turn over control of the litigation including settlement if
the claim is one for infringement or the like or else be barred from
any remedy over. If the demand states that the lessor or the supplier agrees to bear all expense and to satisfy any adverse judgment, then, unless the lessee after seasonable receipt of the demand does turn over control, the lessee is so barred.
(5) Subsections (3) and (4) apply to any obligation of a lessee
to hold the lessor or the supplier harmless against infringement or
the like.

‹ Prev All Wisconsin sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.