Wisconsin Statutes
Wis. Stat. § 402.508 (2026)
Cure by seller of improper tender or delivery; replacement
✓ current as of July 2026
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402.508(1)(1) Where any tender or delivery by the seller is rejected because nonconforming and the time for performance has not yet expired, the seller may seasonably notify the buyer of the seller’s intention to cure and may then within the contract time make a conforming delivery.
402.508(2)(2) Where the buyer rejects a nonconforming tender which the seller had reasonable grounds to believe would be acceptable with or without money allowance the seller may if the seller seasonably notifies the buyer have a further reasonable time to substitute a conforming tender.
Notes of Decisions
Cited in 2
cases, 2008–2010 · leading case: Volvo Trucks v. State, Dept. of Transp., 2010 WI 15 (Wis. 2010).
Volvo Trucks v. State, Dept. of Transp., 2010 WI 15 (Wis. 2010). “26 Numerous authorities focus on the meaning of "cure" as adopted in Section 2-508 of the Uniform Commercial Code, codified in Wisconsin as Wis. Stat. § 402.508 , "Cure by seller of *314 improper tender or delivery; replacement.”
Wilson v. Tuxen, 2008 WI App 94 (Wis. Ct. App. 2008). “However, the purpose of a notice goes beyond simply triggering any right to cure under Wis. Stat. § 402.508 . As discussed above, the notice is intended to "open the way for settlement through negotiation between the parties" and give the seller an opportunity to protect him or…”
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