134.83(4)(a)
(a) Of the specific date by which the goods will be shipped or that the shipping date is unknown.
134.83(4)(b)
(b) That if the seller, prior to shipping the goods, receives a written statement from the buyer requesting cancellation of the mail order the mail order will be canceled and the seller will promptly make a full refund to and nullify any financial obligation of the buyer for goods not shipped.
134.83(4)(c)
(c) That if the goods are not shipped by the date specified in the notice the mail order will be canceled and the seller will make a full refund to and nullify any financial obligation of the buyer for goods not shipped.
134.83(4)(d)
(d) That the delivery period may not be extended beyond 30 days unless, within 30 days after the expiration of the delivery period and prior to the cancellation of the mail order under
sub. (2), the seller receives written authorization from the buyer extending the delivery period to a specific later date.
134.83(5)
(5) The department of agriculture, trade and consumer protection or any district attorney may on behalf of the state:
134.83(5)(a)
(a) Bring an action for temporary or permanent injunctive or other relief in any circuit court for any violation of this section. The court may, in its discretion, make any order or judgment necessary to restore to any person any pecuniary loss suffered because of a violation of this section, if proof of the loss is submitted to the satisfaction of the court.
134.83(5)(b)
(b) Bring an action in any circuit court for the recovery of a civil forfeiture against any person who violates this section in an amount of not less than $100 nor more than $1,000 for each violation.
134.83(6)
(6) The department of agriculture, trade and consumer protection shall investigate violations of and enforce this section.
134.83(7)
(7) In addition to any other remedies provided by law, any person suffering a pecuniary loss because of a violation of this section may bring a civil action in any circuit court to recover twice the amount of the pecuniary loss, together with costs and disbursements, including reasonable attorney fees, and for equitable relief as determined by the court.
134.83(8)
(8) Any waiver by a buyer of the rights provided by this section is void.
134.83 History
History: 1979 c. 62;
1995 a. 27.
134.85
134.85
Motor fuel dealerships. 134.85(1)
(1)
Definitions. As used in this section:
134.85(1)(c)
(c) "Designated family member" means the spouse or child of a motor fuel dealer who has been designated in the most recent motor fuel dealership agreement with the motor fuel grantor as the successor to ownership of the motor fuel dealership and who either inherits ownership of the motor fuel dealership by will or intestate succession or who, in the case of the legal incapacity of the dealer, is appointed by a court as guardian for the motor fuel dealership.
134.85(2)
(2) Survivorship provisions required. Every motor fuel dealership agreement entered into, renewed or extended on or after December 1, 1987, shall contain all of the following provisions:
134.85(2)(a)
(a) Any designated family member may succeed to the ownership of the motor fuel dealership if all of the following conditions are met:
134.85(2)(a)1.
1. The designated family member gives the motor fuel grantor written notice of the intention to succeed to ownership of the motor fuel dealership within 60 days after the motor fuel dealer's death or legal incapacity.
134.85(2)(a)2.
2. Upon request of the motor fuel grantor, the designated family member provides personal and financial information reasonably necessary to determine under
par. (b) whether the succession should be honored.
134.85(2)(a)3.
3. The designated family member agrees to be bound by all terms and conditions of the existing motor fuel dealership agreement.
134.85(2)(a)4.
4. There does not exist good cause under
par. (b) for refusing to honor the succession.
134.85(2)(b)
(b) Good cause exists for refusing to honor a succession if a designated family member does not meet existing reasonable standards of the motor fuel grantor. The motor fuel grantor's existing reasonable standards may include requirements directly related to a person's management and technical skills, training and business experience, credit worthiness and other requirements directly related to a person's ability to operate the motor fuel dealership.
134.85(2)(c)
(c) If a motor fuel grantor believes in good faith, after requesting information under
par. (a) 2., that good cause exists for refusing to honor succession of the motor fuel dealership by a designated family member, the motor fuel grantor may, within 90 days after receipt of the information, give notice complying with
par. (d) to the designated family member.
134.85(2)(d)
(d) The notice under
par. (c) shall be in writing and shall include all of the following:
134.85(2)(d)1.
1. A statement of the motor fuel grantor's refusal to honor succession and of the specific grounds constituting good cause for the refusal.
134.85(2)(d)2.
2. A statement of the motor fuel grantor's intent to terminate the existing motor fuel dealership agreement with the designated family member on a date not sooner than 90 days after the date the notice is given.
134.85(2)(e)
(e) Except as provided in
par. (f), if the notice under
par. (c) is not given within the time period specified in
par. (c), the motor fuel grantor may not terminate the existing motor fuel dealership agreement with the designated family member under this section and may only terminate the existing motor fuel dealership agreement as otherwise permitted by law.
134.85(2)(f)
(f) Notwithstanding
pars. (b) to
(d) and
ss. 135.03 and
135.04, the motor fuel grantor may terminate the existing motor fuel dealership agreement with the designated family member if, in the 12 months following receipt of the notice under
par. (a) 1., the volume of motor fuel sold by the motor fuel dealership is less than 90% of the average annual volume of motor fuel sold by the motor fuel dealership in the 3 years preceding receipt of the notice under
par. (a) 1., and the motor fuel grantor, within 15 months following receipt of the notice under
par. (a) 1., gives notice in writing to the designated family member which includes all of the following:
134.85(2)(f)1.
1. A statement of the motor fuel grantor's intent to terminate the existing motor fuel dealership agreement with the designated family member on a date not sooner than 90 days after the date the notice is given.
134.85(2)(f)2.
2. A statement of the specific reasons for termination.
134.85(3)
(3) Enforcement of survivorship rights. 134.85(3)(a)(a) The department of agriculture, trade and consumer protection on behalf of the state or any person who claims injury as a result of a violation of
sub. (2) may bring an action for temporary or permanent injunctive relief in any circuit court. It is no defense to an action under this paragraph that an adequate remedy exists at law.
134.85(3)(b)
(b) In any proceeding to determine whether good cause exists under
sub. (2) (b), a motor fuel grantor has the burden of proving that the designated family member does not meet the motor fuel grantor's existing, reasonable standards.
134.85(4)(a)(a) No motor fuel grantor may require a motor vehicle fuel dealer, who has a dealership with the motor fuel grantor on May 17, 1988, to keep his or her business open for more than 16 hours per day.
134.85(4)(b)
(b) Paragraph (a) applies to a motor fuel dealer after he or she renews or extends a motor fuel dealership agreement with a motor fuel grantor on or after May 17, 1988.
134.85(5)
(5) Motor vehicles used by disabled; service. 134.85(5)(a)2.
2. "Pump" means a device used to dispense motor fuel for sale at retail.
134.85(5)(b)
(b) A motor fuel dealer shall have an employe dispense motor fuel into a motor vehicle from a full-service pump at the same price as the motor fuel dealer charges the general public for the same grade of motor fuel dispensed from a self-service pump, if all of the following apply:
134.85(5)(b)1.
1. The motor vehicle displays special registration plates issued under
s. 341.14 (1),
(1a),
(1m),
(1q) or
(1r) (a) or a special identification card issued under
s. 343.51 or is a motor vehicle registered in another jurisdiction and displays a registration plate, card or emblem issued by the other jurisdiction that designates that the vehicle is used by a physically disabled person.
134.85(5)(b)2.
2. The driver of the motor vehicle asks for the same price as charged for motor fuel dispensed from a self-service pump.
134.85(5)(b)3.
3. The motor fuel dealer sells motor fuel at retail from both full-service and self-service pumps.
134.85(5)(c)
(c) An employe of a motor fuel dealer who dispenses motor fuel under
par. (b) need not provide any other services that are not provided to a customer who uses a self-service pump.
134.85(5)(d)
(d) A motor fuel dealer that violates
par. (b) may be required to forfeit not more than $100 for each violation.
134.87
134.87
Repair, replacement and refund under new motorized wheelchair warranties. 134.87(1)(a)
(a) "Collateral costs" means expenses incurred by a consumer in connection with the repair of a nonconformity, including the costs of obtaining an alternative wheelchair or other assistive device for mobility.
134.87(1)(b)1.
1. The purchaser of a motorized wheelchair, if the motorized wheelchair was purchased from a motorized wheelchair dealer or manufacturer for purposes other than resale.
134.87(1)(b)2.
2. A person to whom the motorized wheelchair is transferred for purposes other than resale, if the transfer occurs before the expiration of an express warranty applicable to the motorized wheelchair.
134.87(1)(b)4.
4. A person who leases a motorized wheelchair from a motorized wheelchair lessor under a written lease.
134.87(1)(c)
(c) "Demonstrator" means a motorized wheelchair used primarily for the purpose of demonstration to the public.
134.87(1)(d)
(d) "Early termination cost" means any expense or obligation that a motorized wheelchair lessor incurs as a result of both the termination of a written lease before the termination date set forth in that lease and the return of a motorized wheelchair to a manufacturer under
sub. (3) (b) 3. "Early termination cost" includes a penalty for prepayment under a finance arrangement.
134.87(1)(e)
(e) "Early termination savings" means any expense or obligation that a motorized wheelchair lessor avoids as a result of both the termination of a written lease before the termination date set forth in that lease and the return of a motorized wheelchair to a manufacturer under
sub. (3) (b) 3. "Early termination savings" includes an interest charge that the motorized wheelchair lessor would have paid to finance the motorized wheelchair or, if the motorized wheelchair lessor does not finance the motorized wheelchair, the difference between the total amount for which the lease obligates the consumer during the period of the lease term remaining after the early termination and the present value of that amount at the date of the early termination.
134.87(1)(f)
(f) "Manufacturer" means a person who manufactures or assembles motorized wheelchairs and agents of that person, including an importer, a distributor, factory branch, distributor branch and any warrantors of the manufacturer's motorized wheelchairs, but does not include a motorized wheelchair dealer.
134.87(1)(g)
(g) "Motorized wheelchair" means any motor-driven wheelchair, including a demonstrator, that a consumer purchases or accepts transfer of in this state.
134.87(1)(h)
(h) "Motorized wheelchair dealer" means a person who is in the business of selling motorized wheelchairs.
134.87(1)(i)
(i) "Motorized wheelchair lessor" means a person who leases a motorized wheelchair to a consumer, or who holds the lessor's rights, under a written lease.
134.87(1)(j)
(j) "Nonconformity" means a condition or defect that substantially impairs the use, value or safety of a motorized wheelchair, and that is covered by an express warranty applicable to the motorized wheelchair or to a component of the motorized wheelchair, but does not include a condition or defect that is the result of abuse, neglect or unauthorized modification or alteration of the motorized wheelchair by a consumer.
134.87(1)(k)
(k) "Reasonable attempt to repair" means any of the following occurring within the term of an express warranty applicable to a new motorized wheelchair or within one year after first delivery of the motorized wheelchair to a consumer, whichever is sooner:
134.87(1)(k)1.
1. The same nonconformity with the warranty is subject to repair by the manufacturer, motorized wheelchair lessor or any of the manufacturer's authorized motorized wheelchair dealers at least 4 times and the nonconformity continues.
134.87(1)(k)2.
2. The motorized wheelchair is out of service for an aggregate of at least 30 days because of warranty nonconformities.
134.87(2)
(2) A manufacturer who sells a motorized wheelchair to a consumer, either directly or through a motorized wheelchair dealer, shall furnish the consumer with an express warranty for the motorized wheelchair. The duration of the express warranty shall be not less than one year after first delivery of the motorized wheelchair to the consumer. If a manufacturer fails to furnish an express warranty as required by this subsection, the motorized wheelchair shall be covered by an express warranty as if the manufacturer had furnished an express warranty to the consumer as required by this subsection.
134.87(3)(a)(a) If a new motorized wheelchair does not conform to an applicable express warranty and the consumer reports the nonconformity to the manufacturer, the motorized wheelchair lessor or any of the manufacturer's authorized motorized wheelchair dealers and makes the motorized wheelchair available for repair before one year after first delivery of the motorized wheelchair to a consumer, the nonconformity shall be repaired.
134.87(3)(b)1.1. If, after a reasonable attempt to repair, the nonconformity is not repaired, the manufacturer shall carry out the requirement under
subd. 2. or
3., whichever is appropriate.
134.87(3)(b)2.a.
a. Accept return of the motorized wheelchair and replace the motorized wheelchair with a comparable new motorized wheelchair and refund any collateral costs.
134.87(3)(b)2.b.
b. Accept return of the motorized wheelchair and refund to the consumer and to any holder of a perfected security interest in the consumer's motorized wheelchair, as their interest may appear, the full purchase price plus any finance charge, amount paid by the consumer at the point of sale and collateral costs, less a reasonable allowance for use. Under this
subd. 2. b., a reasonable allowance for use may not exceed the amount obtained by multiplying the full purchase price of the motorized wheelchair by a fraction, the denominator of which is 1,825 and the numerator of which is the number of days that the motorized wheelchair was driven before the consumer first reported the nonconformity to the motorized wheelchair dealer.
134.87(3)(b)3.a.a. With respect to a consumer described in
sub. (1) (b) 4., accept return of the motorized wheelchair, refund to the motorized wheelchair lessor and to any holder of a perfected security interest in the motorized wheelchair, as their interest may appear, the current value of the written lease and refund to the consumer the amount that the consumer paid under the written lease plus any collateral costs, less a reasonable allowance for use.
134.87(3)(b)3.b.
b. Under this subdivision, the current value of the written lease equals the total amount for which that lease obligates the consumer during the period of the lease remaining after its early termination, plus the motorized wheelchair dealer's early termination costs and the value of the motorized wheelchair at the lease expiration date if the lease sets forth that value, less the motorized wheelchair lessor's early termination savings.
134.87(3)(b)3.c.
c. Under this subdivision, a reasonable allowance for use may not exceed the amount obtained by multiplying the total amount for which the written lease obligates the consumer by a fraction, the denominator of which is 1,825 and the numerator of which is the number of days that the consumer drove the motorized wheelchair before first reporting the nonconformity to the manufacturer, motorized wheelchair lessor or motorized wheelchair dealer.
134.87(3)(c)
(c) To receive a comparable new motorized wheelchair or a refund due under
par. (b) 1. or
2., a consumer described under
sub. (1) (b) 1.,
2. or
3. shall offer to the manufacturer of the motorized wheelchair having the nonconformity to transfer possession of that motorized wheelchair to that manufacturer. No later than 30 days after that offer, the manufacturer shall provide the consumer with the comparable new motorized wheelchair or refund. When the manufacturer provides the new motorized wheelchair or refund, the consumer shall return the motorized wheelchair having the nonconformity to the manufacturer, along with any endorsements necessary to transfer real possession to the manufacturer.
134.87(3)(d)1.1. To receive a refund due under
par. (b) 3., a consumer described under
sub. (1) (b) 4. shall offer to return the motorized wheelchair having the nonconformity to its manufacturer. No later than 30 days after that offer, the manufacturer shall provide the refund to the consumer. When the manufacturer provides the refund, the consumer shall return to the manufacturer the motorized wheelchair having the nonconformity.
134.87(3)(d)2.
2. To receive a refund due under
par. (b) 3., a motorized wheelchair lessor shall offer to transfer possession of the motorized wheelchair having the nonconformity to its manufacturer. No later than 30 days after that offer, the manufacturer shall provide the refund to the motorized wheelchair lessor. When the manufacturer provides the refund, the motorized wheelchair lessor shall provide to the manufacturer any endorsements necessary to transfer legal possession to the manufacturer.
134.87(3)(d)3.
3. No person may enforce the lease against the consumer after the consumer receives a refund due under
par. (b) 3.
134.87(3)(e)
(e) No motorized wheelchair returned by a consumer or motorized wheelchair lessor in this state under
par. (b), or by a consumer or motorized wheelchair lessor in another state under a similar law of that state, may be sold or leased again in this state unless full disclosure of the reasons for return is made to any prospective buyer or lessee.
134.87(4)
(4) This section does not limit rights or remedies available to a consumer under any other law.
134.87(5)
(5) Any waiver by a consumer of rights under this section is void.
134.87(6)
(6) In addition to pursuing any other remedy, a consumer may bring an action to recover for any damages caused by a violation of this section. The court shall award a consumer who prevails in such an action twice the amount of any pecuniary loss, together with costs, disbursements and reasonable attorney fees, and any equitable relief that the court determines is appropriate.
