(1) In this section: (a) “Commercial equipment or technology” means goods or related procedures used or bought for use primarily in a business, including farming and a profession. (b) “Institution of higher education” means an institution within the University of Wisconsin System, a technical college or a private, nonprofit institution of higher education located in this state. (2) Any person engaged in the sale or use of commercial equipment or technology, for profit or not for profit, who donates any commercial equipment or technology to a public or private elementary or secondary school, a tribal school, as defined in s. 115.001 (15m), or an institution of higher education or who accepts reimbursement in an amount not to exceed overhead and transportation costs for any commercial equipment or technology provided to a public or private elementary or secondary school, to a tribal school, or to an institution of higher education is immune from civil liability for the death of or injury to an individual caused by the commercial equipment or technology. (3) This section does not apply if the death or injury was caused by a willful or wanton act or omission of the person who donated or accepted reimbursement for the commercial equipment or technology. (4m) This section does not apply to the manufacturer of the donated commercial equipment or technology.
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