CHAPTER 407
UNIFORM COMMERCIAL CODE — DOCUMENTS OF TITLE
SUBCHAPTER I
GENERAL
407.102 Definitions and index of definitions.
407.103 Relation of chapter to treaty or statute.
407.104 Negotiable and nonnegotiable document of title.
407.105 Reissuance in alternative medium.
407.106 Control of electronic document of title.
SUBCHAPTER II
WAREHOUSE RECEIPTS: SPECIAL PROVISIONS
407.201 Person that may issue a warehouse receipt; storage under bond.
407.202 Form of warehouse receipt.
407.203 Liability for nonreceipt or misdescription.
407.204 Duty of care; contractual limitation of warehouse's liability.
407.205 Title under warehouse receipt defeated in certain cases.
407.206 Termination of storage at warehouse's option.
407.207 Goods must be kept separate; fungible goods.
407.208 Altered warehouse receipts.
407.209 Lien of warehouse.
407.210 Enforcement of warehouse's lien.
SUBCHAPTER III
BILLS OF LADING: SPECIAL PROVISIONS
407.301 Liability for nonreceipt or misdescription; “said to contain"; “shipper's load and count"; improper handling.
407.302 Through bills of lading and similar documents of title.
407.303 Diversion; reconsignment; change of instructions.
407.304 Tangible bills of lading in a set.
407.305 Destination bills.
407.306 Altered bills of lading.
407.308 Enforcement of carrier's lien.
407.309 Duty of care; contractual limitation of carrier's liability.
SUBCHAPTER IV
WAREHOUSE RECEIPTS AND BILLS OF LADING:
GENERAL OBLIGATIONS
407.401 Irregularities in issue of receipt or bill or conduct of issuer.
407.402 Duplicate document of title; overissue.
407.403 Obligation of warehouse or carrier to deliver; excuse.
407.404 No liability for good faith delivery pursuant to document of title.
SUBCHAPTER V
WAREHOUSE RECEIPTS AND BILLS OF LADING: NEGOTIATION AND TRANSFER
407.501 Form of negotiation and requirements of due negotiation.
407.502 Rights acquired by due negotiation.
407.503 Document of title to goods defeated in certain cases.
407.504 Rights acquired in absence of due negotiation; effect of diversion; stoppage of delivery.
407.505 Endorser not guarantor for other parties.
407.506 Delivery without endorsement; right to compel endorsement.
407.507 Warranties on negotiation or delivery of document of title.
407.508 Warranties of collecting bank as to documents of title.
407.509 Adequate compliance with commercial contract.
SUBCHAPTER VI
WAREHOUSE RECEIPTS AND BILLS OF LADING:
MISCELLANEOUS PROVISIONS
407.601 Lost, stolen, or destroyed documents of title.
407.602 Attachment of goods covered by negotiable document of title.
407.603 Conflicting claims; interpleader.
Ch. 407 Cross-reference
Cross-reference: See definitions in s.
401.201.
GENERAL
407.101
407.101
Short title. This chapter may be cited as uniform commercial code — documents of title.
407.101 History
History: 2009 a. 322.
407.102
407.102
Definitions and index of definitions. 407.102(1)(1)
In this chapter, unless the context otherwise requires:
407.102(1)(a)
(a) “Bailee" means a person that by a warehouse receipt, bill of lading, or other document of title acknowledges possession of goods and contracts to deliver them.
407.102(1)(b)
(b) “Carrier" means a person that issues a bill of lading.
407.102(1)(c)
(c) “Consignee" means a person named in a bill of lading to which or to whose order the bill promises delivery.
407.102(1)(d)
(d) “Consignor" means a person named in a bill of lading as the person from which the goods have been received for shipment.
407.102(1)(e)
(e) “Delivery order" means a record that contains an order to deliver goods directed to a warehouse, carrier, or other person that in the ordinary course of business issues warehouse receipts or bills of lading.
407.102(1)(f)
(f) “Good faith" means honesty in fact and the observance of reasonable commercial standards of fair dealing.
407.102(1)(g)
(g) “Goods" means all things that are treated as movable for the purposes of a contract for storage or transportation.
407.102(1)(h)
(h) “Issuer" means a bailee that issues a document of title or, in the case of an unaccepted delivery order, the person that orders the possessor of goods to deliver. The term includes a person for which an agent or employee purports to act in issuing a document if the agent or employee has real or apparent authority to issue documents, even if the issuer did not receive any goods, the goods were misdescribed, or in any other respect the agent or employee violated the issuer's instructions.
407.102(1)(i)
(i) “Person entitled under the document" means the holder, in the case of a negotiable document of title, or the person to which delivery of the goods is to be made by the terms of, or pursuant to instructions in a record under, a nonnegotiable document of title.
407.102(1)(j)
(j) “Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
407.102(1)(k)
(k) “Shipper" means a person that enters into a contract of transportation with a carrier.
407.102(1)(L)
(L) “Sign" means, with present intent to authenticate or adopt a record, any of the following:
407.102(1)(L)2.
2. To attach to or logically associate with the record an electronic sound, symbol, or process.
407.102(1)(m)
(m) “Warehouse" means a person engaged in the business of storing goods for hire.
407.102(2)
(2) Definitions in other chapters applying to this chapter and the sections in which they appear are:
407.102(3)
(3) In addition, ch.
401 contains general definitions and principles of construction and interpretation applicable throughout this chapter.
407.102 History
History: 2009 a. 322.
407.103
407.103
Relation of chapter to treaty or statute. 407.103(1)(1)
This chapter is subject to any treaty or statute of the United States or a regulatory statute of this state to the extent the treaty, statute, or regulatory statute is applicable.
407.103(2)
(2) This chapter does not repeal or modify any law prescribing the form or contents of a document of title or the services or facilities to be afforded by a bailee, or otherwise regulating a bailee's businesses in respects not specifically treated in this chapter. However, violation of such a law does not affect the status of a document of title that otherwise complies with the definition of a document of title.
407.103(3)
(3) This chapter modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act,
15 USC 7001 to
7031, but does not modify, limit, or supersede section 101 (c) of that act,
15 USC 7001 (c), or authorize electronic delivery of any of the notices described in section 103 (b) of that act,
15 USC 7003 (b).
407.103(4)
(4) To the extent there is a conflict between ch.
137 and this chapter, this chapter governs.
