Wisconsin Statutes

Wis. Stat. § 402.605 (2026)

Waiver of buyer’s objections by failure to particularize

✓ current as of July 2026

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402.605402.605 Waiver of buyer’s objections by failure to particularize.

402.605(1)(1) The buyer’s failure to state in connection with rejection a particular defect which is ascertainable by reasonable inspection precludes the buyer from relying on the unstated defect to justify rejection or to establish breach:

402.605(1)(a)(a) Where the seller could have cured it if stated seasonably; or

402.605(1)(b)(b) Between merchants when the seller has after rejection made a request in writing for a full and final written statement of all defects on which the buyer proposes to rely.

402.605(2)(2) Payment against documents made without reservation of rights precludes recovery of the payment for defects apparent in the documents.

402.605 HistoryHistory: 1991 a. 316; 2009 a. 322.

Notes of Decisions

Cited in 1 case, 2004–2004 · leading case: Fleming Companies, Inc. v. Krist Oil Co., 324 F. Supp. 2d 933 (W.D. Wis. 2004).

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Fleming Companies, Inc. v. Krist Oil Co., 324 F. Supp. 2d 933 (W.D. Wis. 2004). · cites it 2× “Cf Wis. Stat. § 402.605 (in contract for sale of goods, buyer may waive right to reject nonconforming deliveries if buyer fails to particularize grounds for rejection).”

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