Wisconsin Statutes
Wis. Stat. § 402.316 (2026)
Exclusion or modification of warranties
✓ current as of July 2026
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402.316(1)(1) Words or conduct relevant to the creation of an express warranty and words or conduct tending to negate or limit warranty shall be construed wherever reasonable as consistent with each other; but subject to s. 402.202 on parol or extrinsic evidence, negation or limitation is inoperative to the extent that such construction is unreasonable.
402.316(2)(2) Subject to sub. (3), to exclude or modify the implied warranty of merchantability or any part of it the language must mention merchantability and in case of a writing must be conspicuous, and to exclude or modify any implied warranty of fitness the exclusion must be by a writing and conspicuous. Language to exclude all implied warranties of fitness is sufficient if it states, for example, that “There are no warranties which extend beyond the description on the face hereof.”
402.316(3)(a)(a) Unless the circumstances indicate otherwise, all implied warranties are excluded by expressions like “as is”, “with all faults” or other language which in common understanding calls the buyer’s attention to the exclusion of warranties and makes plain that there is no implied warranty.
402.316(3)(b)(b) When the buyer before entering into the contract has examined the goods or the sample or model as fully as the buyer desired or has refused to examine the goods there is no implied warranty with regard to defects which an examination ought in the circumstances to have revealed to the buyer.
402.316(3)(c)(c) Except as provided in s. 95.195, there is no implied warranty that cattle, hogs, sheep or horses are free from sickness or disease at the time a sale is consummated if all state and federal regulations pertaining to animal health are complied with by the seller, unless the seller knows at the time a sale is consummated that the cattle, hogs, sheep or horses were sick or diseased.
402.316(3)(d)(d) An implied warranty can be excluded or modified by course of dealing or course of performance or usage of trade.
402.316(4)(4) Remedies for breach of warranty can be limited in accordance with ss. 402.718 and 402.719 on liquidation or limitation of damages and on contractual modification of remedy.
402.316 AnnotationA disclaimer of implied warranties under sub. (2) made after sale would be ineffective. Taterka v. Ford Motor Co., 86 Wis. 2d 140, 271 N.W.2d 653 (1978).
402.316 AnnotationSub. (2) does not apply to a contractual provision that excludes a party’s liability for consequential and other damages and limits a party’s liability to the amounts paid to it. Buddy’s Plant Plus Corp. v. Viking Masek Global Packaging Technologies, LLC, 2025 WI App 46, 417 Wis. 2d 723, 25 N.W.3d 613, 23-2428.
Notes of Decisions
Cited in 24
cases (6 in the last 5 years), 1967–2025 · leading case: Est. of Kriefall v. Sizzler USA Franchise, Inc., 2012 WI 70 (Wis. 2012).
Est. of Kriefall v. Sizzler USA Franchise, Inc., 2012 WI 70 (Wis. 2012). “Wis. Stat. § 402.316 . ¶ 23. In particular, Wis.”
Est. of Kriefall v. Sizzler USA Franchise, Inc., 2011 WI App 101 (Wis. Ct. App. 2011). “Significantly, Excel could have under Wis. Stat. § 402.316 both: (i) sought "to exclude or modify the implied warranty of merchantability" as well as "any implied warranty of fitness," see § 402.”
Murray v. Holiday Rambler, Inc., 265 N.W.2d 513 (Wis. 1978). “He may disclaim or limit his warranties, pursuant to sec. 402.316, Stats., or he may limit the buyer’s remedies for a breach of warranty, pursuant to sec.”
Phillips Petroleum Co. v. Bucyrus-Erie Co., 388 N.W.2d 584 (Wis. 1986). “8 Sections 402.316 and 401.201(10), Stats., provide: " 402.”
Taterka v. Ford Motor Co., 271 N.W.2d 653 (Wis. 1978). “Ford attempts to counter this argument by saying it is undisputed that the sales contract contained a disclaimer.”
Dippel v. Sciano, 155 N.W.2d 55 (Wis. 1967). “2-316 (sec. 402.316, Stats.). Dean Prosser points out that a disclaimer may be a desirable and reasonable device where a seller is not sure of the quality of what he is selling and unwilling to assume the responsibility for it and the buyer is willing to take the risk.”
Consol. Papers, Inc. v. Dorr-Oliver, Inc., 451 N.W.2d 456 (Wis. Ct. App. 1989). “Section 402.316(2), Stats., provides in relevant part: "Subject to sub.”
Paulson v. Olson Implement Co., Inc., 319 N.W.2d 855 (Wis. 1982). “” Sec. 402.316, Stats., provides for disclaimers of warranties.”
Twin Disc, Inc., Cross-Appellant v. Big Bud Tractor, Inc., & Third-Party Cross v. Grad-Line, Inc., Third-Party, 772 F.2d 1329 (3rd Cir. 1985). “Wis.Stat. § 402.316(2). Big Bud contends that Twin Disc’s warranty disclaimer was not conspicuous because it was printed in small print on the reverse side of a translucent form, and thus that Twin Disc's attempt to disclaim the implied warranties was invalid.”
Manitowoc Marine Grp., LLC v. Ameron Int'l Corp., 424 F. Supp. 2d 1119 (E.D. Wis. 2006). “” Wis. Stat. § 402.316 . Ameron contends that the Terms and Conditions of Sale that appear on the reverse side of its Acknowledgment form are intended to and did disclaim the very types of express and implied warranties upon which Manitowoc basis its claims.”
Hackel v. Nat'l Feeds, Inc., 986 F. Supp. 2d 963 (W.D. Wis. 2013). “” Wis. Stat. § 402.316 . There is no dispute that the disclaimer here meets each of the requirements for an effective disclaimer.”
William C. Mitchell, Ltd. v. Brown, 576 N.W.2d 342 (Iowa 1998). “2-316(3)(d) (West 1995) (no implied warranties exist in sale of livestock if seller has complied with all state and federal laws regarding animal health and disease and seller is not guilty of fraud, deceit, or misrepresentation); Wis. Stat. Ann. § 402.316 (3)(c) (West 1995) (no…”
— Wis. Stat. § 402.316(1) — 3 cases
Phillips Petroleum Co. v. Bucyrus-Erie Co., 388 N.W.2d 584 (Wis. 1986). “8 Sections 402.316 and 401.201(10), Stats., provide: " 402.”
Paulson v. Olson Implement Co., Inc., 319 N.W.2d 855 (Wis. 1982). “” Sec. 402.316, Stats., provides for disclaimers of warranties.”
Seth H. Kiewiz v. My Custom Shop, Inc. (Wis. Ct. App. 2020).
— Wis. Stat. § 402.316(2) — 9 cases
Taterka v. Ford Motor Co., 271 N.W.2d 653 (Wis. 1978). “Ford attempts to counter this argument by saying it is undisputed that the sales contract contained a disclaimer.”
Consol. Papers, Inc. v. Dorr-Oliver, Inc., 451 N.W.2d 456 (Wis. Ct. App. 1989). “Section 402.316(2), Stats., provides in relevant part: "Subject to sub.”
Twin Disc, Inc., Cross-Appellant v. Big Bud Tractor, Inc., & Third-Party Cross v. Grad-Line, Inc., Third-Party, 772 F.2d 1329 (3rd Cir. 1985). “Wis.Stat. § 402.316(2). Big Bud contends that Twin Disc’s warranty disclaimer was not conspicuous because it was printed in small print on the reverse side of a translucent form, and thus that Twin Disc's attempt to disclaim the implied warranties was invalid.”
Phillips Petroleum Co. v. Bucyrus-Erie Co., 388 N.W.2d 584 (Wis. 1986). “8 Sections 402.316 and 401.201(10), Stats., provide: " 402.”
Est. of Kriefall v. Sizzler USA Franchise, Inc., 2011 WI App 101 (Wis. Ct. App. 2011). “Significantly, Excel could have under Wis. Stat. § 402.316 both: (i) sought "to exclude or modify the implied warranty of merchantability" as well as "any implied warranty of fitness," see § 402.”
— Wis. Stat. § 402.316(3)(b) — 1 case
Travis R. Layher v. Patricia A. Hoffman (Wis. Ct. App. 2024).
— Wis. Stat. § 402.316(4) — 1 case
Est. of Kriefall v. Sizzler USA Franchise, Inc., 2011 WI App 101 (Wis. Ct. App. 2011). “Significantly, Excel could have under Wis. Stat. § 402.316 both: (i) sought "to exclude or modify the implied warranty of merchantability" as well as "any implied warranty of fitness," see § 402.”
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