Wisconsin Statutes
Wis. Stat. § 402.606 (2026)
What constitutes acceptance of goods
✓ current as of July 2026
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402.606(1)(a)(a) After a reasonable opportunity to inspect the goods signifies to the seller that the goods are conforming or that the buyer will take or retain them in spite of their nonconformity; or
402.606(1)(b)(b) Fails to make an effective rejection (s. 402.602 (1)), but such acceptance does not occur until the buyer has had a reasonable opportunity to inspect them; or
402.606(1)(c)(c) Does any act inconsistent with the seller’s ownership; but if such act is wrongful as against the seller it is an acceptance only if ratified by the seller.
402.606 AnnotationWhen a buyer accepts goods, the seller need not prove that the goods were not defective in an action to recover the purchase price. Central Soya Co. v. Epstein Fisheries, Inc., 676 F.2d 939 (1982).
Notes of Decisions
Cited in 10
cases (1 in the last 5 years), 1973–2024 · leading case: Menard, Inc. v. Liteway Lighting Prods., 2005 WI 98 (Wis. 2005).
Menard, Inc. v. Liteway Lighting Prods., 2005 WI 98 (Wis. 2005). “Stat. § 402.608 . It is entirely plausible that in some cases, a buyer may not in fact discover the nonconformity, or legally be required to discover the nonconformity, until after the seller has obtained a judgment in a suit for the price of the goods.”
Badger Produce Co. v. Prelude Foods Int'l, Inc., 387 N.W.2d 98 (Wis. Ct. App. 1986). “First, Badger argues that Prelude's acceptance of the lot sold to Rust constituted acceptance of the entire 1,000-box shipment under sec. 402.606(2), Stats. 5 Second, it maintains *238 that Prelude accepted the lot by reselling it to Winter, an act inconsistent with Badger's…”
Koehring Co. v. Glowacki, 253 N.W.2d 64 (Wis. 1977). “If, however, they are terms which would not so change the bargain they will be incorporated unless notice of objection to thorn has already been given or is given within a reasonable time.”
Gerner v. Vasby, 250 N.W.2d 319 (Wis. 1977). “” “Acceptance” is defined by sec. 402.606, Stats.: “402.606 What constitutes acceptance of goods.”
Phone Partners Ltd. P'ship v. C.F. Commc'ns Corp., 542 N.W.2d 159 (Wis. Ct. App. 1995). “" Section 402.606(1), Stats., provides, "Acceptance of goods occurs when the buyer: .”
Trinkle v. Schumacher Co., 301 N.W.2d 255 (Wis. Ct. App. 1980). “Sec. 402.606(1), Stats. Trinkle has not contended that he did not accept the goods.”
Chrysler Corp. v. Adamatic, Inc., 208 N.W.2d 97 (Wis. 1973). “Sec. 402.606, Stats., delineates conduct that constitutes the acceptance of goods.”
Viking Packaging Tech., Inc. v. Vassallo Foods, Inc., 2011 WI App 133 (Wis. Ct. App. 2011). “Finally, as part of the "Conditions of Sale," the parties agreed that "No claim under the Quotation in respect of only part of any delivery shall entitle the buyer to cancel the remainder of any order of which such delivery formed a part.”
Nick Balsimo v. Venture One Stop, Inc. (Wis. Ct. App. 2024). “§ 402.606(1)(a)-(c). Once the buyer accepts the good, he or she is precluded from rejecting that good.”
In Re Pelton, 171 B.R. 641 (Bankr. W.D. Wis. 1994). “§ 402.201. As payment has already been made, section 402.”
— Wis. Stat. § 402.606(1) — 3 cases
Phone Partners Ltd. P'ship v. C.F. Commc'ns Corp., 542 N.W.2d 159 (Wis. Ct. App. 1995). “" Section 402.606(1), Stats., provides, "Acceptance of goods occurs when the buyer: .”
Trinkle v. Schumacher Co., 301 N.W.2d 255 (Wis. Ct. App. 1980). “Sec. 402.606(1), Stats. Trinkle has not contended that he did not accept the goods.”
Viking Packaging Tech., Inc. v. Vassallo Foods, Inc., 2011 WI App 133 (Wis. Ct. App. 2011). “Finally, as part of the "Conditions of Sale," the parties agreed that "No claim under the Quotation in respect of only part of any delivery shall entitle the buyer to cancel the remainder of any order of which such delivery formed a part.”
— Wis. Stat. § 402.606(1)(a) — 1 case
Nick Balsimo v. Venture One Stop, Inc. (Wis. Ct. App. 2024). “§ 402.606(1)(a)-(c). Once the buyer accepts the good, he or she is precluded from rejecting that good.”
— Wis. Stat. § 402.606(2) — 2 cases
Badger Produce Co. v. Prelude Foods Int'l, Inc., 387 N.W.2d 98 (Wis. Ct. App. 1986). “First, Badger argues that Prelude's acceptance of the lot sold to Rust constituted acceptance of the entire 1,000-box shipment under sec. 402.606(2), Stats. 5 Second, it maintains *238 that Prelude accepted the lot by reselling it to Winter, an act inconsistent with Badger's…”
Viking Packaging Tech., Inc. v. Vassallo Foods, Inc., 2011 WI App 133 (Wis. Ct. App. 2011). “Finally, as part of the "Conditions of Sale," the parties agreed that "No claim under the Quotation in respect of only part of any delivery shall entitle the buyer to cancel the remainder of any order of which such delivery formed a part.”
— Wis. Stat. § 402.606(l)(c) — 1 case
Badger Produce Co. v. Prelude Foods Int'l, Inc., 387 N.W.2d 98 (Wis. Ct. App. 1986). “First, Badger argues that Prelude's acceptance of the lot sold to Rust constituted acceptance of the entire 1,000-box shipment under sec. 402.606(2), Stats. 5 Second, it maintains *238 that Prelude accepted the lot by reselling it to Winter, an act inconsistent with Badger's…”
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