Wisconsin Statutes 779.85 – Definitions
Current as of: 2023 | Check for updates
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Terms Used In Wisconsin Statutes 779.85
- Following: when used by way of reference to any statute section, means the section next following that in which the reference is made. See Wisconsin Statutes 990.01
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Person: includes all partnerships, associations and bodies politic or corporate. See Wisconsin Statutes 990.01
- Year: means a calendar year, unless otherwise expressed; "year" alone means "year of our Lord". See Wisconsin Statutes 990.01
(1) “Creditor” has the meaning set forth in s. 421.301 (16).
(2) “Customer” means a person who seeks or acquires maintenance on behalf of himself or herself or another person for personal, family, household or agricultural purposes.
(3) “Goods” has the meaning set forth in s. 402.105 (1) (c) except that this term does not include a “motor vehicle” as defined in s. 218.0101 (22).
(4) “Maintenance” means any repair or other services to be performed on goods after the goods have been initially delivered to the premises designated by a customer following its sale, but this term does not include installation, set up charges or delivery charges.
(5) “Prepaid maintenance agreement” means any agreement in which a customer agrees to make prepayment for maintenance to be performed by a seller.
(6) “Prepayment” means any full or partial payment received by a seller or an obligation incurred by a customer to a creditor or to a seller or to a seller’s assignee for maintenance to be performed by a seller if payment is made before the maintenance is rendered or received. This term does not include prepayment for maintenance under an insurance policy. Except with regard to a warranty under s. 101.953, this term does not include prepayment for maintenance to be provided under a manufacturer’s warranty on goods or maintenance unless there is a prepayment made for maintenance to be rendered under the warranty separate from the payment for the goods themselves.
(7) “Regulated prepaid maintenance agreement” means a prepaid maintenance agreement meeting the following requirements:
(a) The total prepayment exceeds $100; and
(b) The total period during which the seller is obligated to provide maintenance exceeds one year whether the obligation is initially for more than one year or is extended or renewed beyond one year.