Wisconsin Statutes
Wis. Stat. § 402.602 (2026)
Manner and effect of rightful rejection
✓ current as of July 2026
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402.602(1)(1) Rejection of goods must be within a reasonable time after their delivery or tender. It is ineffective unless the buyer seasonably notifies the seller.
402.602(2)(a)(a) After rejection any exercise of ownership by the buyer with respect to any commercial unit is wrongful as against the seller; and
402.602(2)(b)(b) If the buyer has before rejection taken physical possession of goods in which the buyer does not have a security interest under s. 402.711 (3), the buyer is under a duty after rejection to hold them with reasonable care at the seller’s disposition for a time sufficient to permit the seller to remove them; but
402.602(3)(3) The seller’s rights with respect to goods wrongfully rejected are governed by s. 402.703 on seller’s remedies in general.
402.602 AnnotationSection 402.608 (2) provides that a revocation of acceptance must occur within a reasonable time after the buyer discovers a nonconformity, and sub. (2) (b) requires a buyer who rejects goods to hold the goods for a sufficient time for the seller to remove them. A truck purchaser who used the vehicle for 18 months, then transferred it back to the dealer and sought relief ten months after the transfer did not reject the vehicle in a timely manner or hold it as required and was not entitled to relief. Smyser v. Western Star Trucks Corp., 2001 WI App 180, 247 Wis. 2d 281, 634 N.W.2d 134, 00-2482.
402.602 AnnotationWhen a seller refused to accept a return of goods upon notice of breach by the buyer, and the buyer thereafter used the goods for three months, the buyer could not recover for breach of warranty. Concrete Equipment Co. v. William A. Smith Contracting Co., 358 F. Supp. 1137 (1973).
Notes of Decisions
Cited in 9
cases, 1973–2011 · leading case: Smyser v. W. Star Trucks Corp., 2001 WI App 180 (Wis. Ct. App. 2001).
Smyser v. W. Star Trucks Corp., 2001 WI App 180 (Wis. Ct. App. 2001). “" Section 402.602(2)(a) of this statute provides that "[ajfter rejection any exercise of ownership by the buyer with respect to any commercial unit is wrongful as against the seller.”
Phone Partners Ltd. P'ship v. C.F. Commc'ns Corp., 542 N.W.2d 159 (Wis. Ct. App. 1995). “Section 402.602(1), Stats., provides that the " [Rejection of goods must be within a reasonable time after their delivery or tender.”
ProCD, Inc. v. Zeidenberg, 908 F. Supp. 640 (W.D. Wis. 1996). “Sections 2-602 and 2-608, Wis.Stat. §§ 402.602 and 402.608, offer such rights, yet these sections do not apply in this context.”
Herzberg v. Ford Motor Co., 2001 WI App 65 (Wis. Ct. App. 2001). “608 ("Revocation of acceptance in whole or in part"), and § 402.602 ("Manner and effect of rightful rejection").”
Milwaukee Valve Co. v. Mishawaka Brass Mfg., Inc., 319 N.W.2d 885 (Wis. Ct. App. 1982). “See sec. 402.602, Stats. Instead, it challenges Milwaukee Valve’s right to reject in the first instance.”
Concrete Equip. Co. v. William a. Smith Contract. Co., Inc., 358 F. Supp. 1137 (E.D. Wis. 1973). “§ 402.602(2)(a). Accordingly, the plaintiff is entitled to recover the balance of the purchase price together with interest and the costs of this action; the defendants’ counterclaim is to be dismissed on its merits.”
Viking Packaging Tech., Inc. v. Vassallo Foods, Inc., 2011 WI App 133 (Wis. Ct. App. 2011). “To reject goods, however, Wis. Stat. § 402.602 (1) 6 requires that the rejection occur within a reasonable time after delivery, and the rejection only becomes effective when the buyer "seasonably notifies the seller.”
In Re Pelton, 171 B.R. 641 (Bankr. W.D. Wis. 1994). “Wis.Stat. 402.602(1) provides: (1) Rejection of goods must be within a reasonable time after their delivery or tender.”
Greisler Bros. v. Packerland Packing Co., 392 F. Supp. 206 (E.D. Wis. 1975). “§ 402.602, Wis.Stats. . § 402.604, Wis.Stats.”
— Wis. Stat. § 402.602(1) — 3 cases
Phone Partners Ltd. P'ship v. C.F. Commc'ns Corp., 542 N.W.2d 159 (Wis. Ct. App. 1995). “Section 402.602(1), Stats., provides that the " [Rejection of goods must be within a reasonable time after their delivery or tender.”
Viking Packaging Tech., Inc. v. Vassallo Foods, Inc., 2011 WI App 133 (Wis. Ct. App. 2011). “To reject goods, however, Wis. Stat. § 402.602 (1) 6 requires that the rejection occur within a reasonable time after delivery, and the rejection only becomes effective when the buyer "seasonably notifies the seller.”
In Re Pelton, 171 B.R. 641 (Bankr. W.D. Wis. 1994). “Wis.Stat. 402.602(1) provides: (1) Rejection of goods must be within a reasonable time after their delivery or tender.”
— Wis. Stat. § 402.602(2)(a) — 2 cases
Smyser v. W. Star Trucks Corp., 2001 WI App 180 (Wis. Ct. App. 2001). “" Section 402.602(2)(a) of this statute provides that "[ajfter rejection any exercise of ownership by the buyer with respect to any commercial unit is wrongful as against the seller.”
Concrete Equip. Co. v. William a. Smith Contract. Co., Inc., 358 F. Supp. 1137 (E.D. Wis. 1973). “§ 402.602(2)(a). Accordingly, the plaintiff is entitled to recover the balance of the purchase price together with interest and the costs of this action; the defendants’ counterclaim is to be dismissed on its merits.”
— Wis. Stat. § 402.602(2)(b) — 1 case
Smyser v. W. Star Trucks Corp., 2001 WI App 180 (Wis. Ct. App. 2001). “" Section 402.602(2)(a) of this statute provides that "[ajfter rejection any exercise of ownership by the buyer with respect to any commercial unit is wrongful as against the seller.”
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