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WV Code § 46-7-305 (2021)
2021 West Virginia Code|Chapter 46. Uniform Commercial Code|Article 7. Warehouse Receipts, Bills of Lading and Other Documents of Title|§46-7-305. Destination Bills

(a) Instead of issuing a bill of lading to the consignor at the place of shipment, a carrier, at the request of the consignor, may procure the bill to be issued at destination or at any other place designated in the request.(b) Upon request of any person entitled as against a carrier to control the goods while in transit and on surrender of possession or control of any outstanding bill of lading or other receipt covering the goods, the issuer, subject to section 7-105, may procure a substitute bill to be issued at any place designated in the request.
WV Code § 46-7-306 (2021)
2021 West Virginia Code|Chapter 46. Uniform Commercial Code|Article 7. Warehouse Receipts, Bills of Lading and Other Documents of Title|§46-7-306. Altered Bills of Lading

An unauthorized alteration or filling in of a blank in a bill of lading leaves the bill enforceable according to its original tenor.
WV Code § 46-7-307 (2021)
2021 West Virginia Code|Chapter 46. Uniform Commercial Code|Article 7. Warehouse Receipts, Bills of Lading and Other Documents of Title|§46-7-307. Lien of Carrier

(a) A carrier has a lien on the goods covered by a bill of lading or on the proceeds thereof in its possession for charges after the date of the carrier's receipt of the goods for storage or transportation, including demurrage and terminal charges, and for expenses necessary for preservation of the goods incident to their transportation or reasonably incurred in their sale pursuant to law. However, against a purchaser for value of a negotiable bill of lading, a carrier's lien is limited to charges stated in the bill or the applicable tariffs or, if no charges are stated, a reasonable charge.(b) A lien for charges and expenses under subsection (a) on goods that the carrier was required by law to receive for transportation is effective against the consignor or any person entitled to the goods unless the carrier had notice that the consignor lacked authority to subject the goods to those charges and expenses. Any other lien under subsection (a) is effective against the consignor and any person that permitted the bailor to have control or possession of the goods unless the carrier had notice that the bailor lacked authority.(c) A carrier loses its lien on any goods that it voluntarily delivers or unjustifiably refuses to deliver.
WV Code § 46-7-308 (2021)
2021 West Virginia Code|Chapter 46. Uniform Commercial Code|Article 7. Warehouse Receipts, Bills of Lading and Other Documents of Title|§46-7-308. Enforcement of Carrier's Lien

(a) A carrier's lien on goods may be enforced by public or private sale of the goods, in bulk or in packages, at any time or place and on any terms that are commercially reasonable, after notifying all persons known to claim an interest in the goods. The notification must include a statement of the amount due, the nature of the proposed sale, and the time and place of any public sale. The fact that a better price could have been obtained by a sale at a different time or in a method different from that selected by the carrier is not of itself sufficient to establish that the sale was not made in a commercially reasonable manner. The carrier sells goods in a commercially reasonable manner if the carrier sells the goods in the usual manner in any recognized market therefor, sells at the price current in that market at the time of the sale, or otherwise sells in conformity with commercially reasonable practices among dealers in the type of goods sold. A sale of more goods than apparently necessary to be offered to ensure satisfaction of the obligation is not commercially reasonable, except in cases covered by the preceding sentence.(b) Before any sale pursuant to this section, any person claiming a right in the goods may pay the amount necessary to satisfy the lien and the reasonable expenses incurred in complying with this section. In that event, the goods may not be sold but must be retained by the carrier, subject to the terms of the bill of lading and this article.(c) A carrier may buy at any public sale pursuant to this section.(d) A purchaser in good faith of goods sold to enforce a carrier's lien takes the goods free of any rights of persons against which the lien was valid, despite the carrier's noncompliance with this section.(e) A carrier may satisfy its lien from the proceeds of any sale pursuant to this section but shall hold the balance, if any, for delivery on demand to any person to which the carrier would have been bound to deliver the goods.(f) The rights provided by this section are in addition to all other rights allowed by law to a creditor against a debtor.(g) A carrier's lien may be enforced pursuant to either subsection (a) or the procedure set forth in section 7-210(b).(h) A carrier is liable for damages caused by failure to comply with the requirements for sale under this section and, in case of willful violation, is liable for conversion.
WV Code § 46-7-309 (2021)
2021 West Virginia Code|Chapter 46. Uniform Commercial Code|Article 7. Warehouse Receipts, Bills of Lading and Other Documents of Title|§46-7-309. Duty of Care; Contractual Limitation of Carrier's Liability

(a) A carrier that issues a bill of lading, whether negotiable or nonnegotiable, shall exercise the degree of care in relation to the goods which a reasonably careful person would exercise under similar circumstances. This subsection does not affect any statute, regulation, or rule of law that imposes liability upon a common carrier for damages not caused by its negligence.(b) Damages may be limited by a term in the bill of lading or in a transportation agreement that the carrier's liability may not exceed a value stated in the bill or transportation agreement if the carrier's rates are dependent upon value and the consignor is afforded an opportunity to declare a higher value and the consignor is advised of the opportunity. However, such a limitation is not effective with respect to the carrier's liability for conversion to its own use.(c) Reasonable provisions as to the time and manner of presenting claims and commencing actions based on the shipment may be included in a bill of lading or a transportation agreement.
WV Code § 46-7-401 (2021)
2021 West Virginia Code|Chapter 46. Uniform Commercial Code|Article 7. Warehouse Receipts, Bills of Lading and Other Documents of Title|§46-7-401. Irregularities in Issue of Receipt or Bill or Conduct of Issuer

§46-7-401. Irregularities in issue of receipt or bill or conduct of issuer.The obligations imposed by this article on an issuer apply to a document of title even if:(1) The document does not comply with the requirements of this article or of any other statute, rule, or regulation regarding its issuance, form, or content;(2) The issuer violated laws regulating the conduct of its business;(3) The goods covered by the document were owned by the bailee when the document was issued; or(4) The person issuing the document is not a warehouse but the document purports to be a warehouse receipt.
WV Code § 46-7-402 (2021)
2021 West Virginia Code|Chapter 46. Uniform Commercial Code|Article 7. Warehouse Receipts, Bills of Lading and Other Documents of Title|§46-7-402. Duplicate Document of Title; Overissue

A duplicate or any other document of title purporting to cover goods already represented by an outstanding document of the same issuer does not confer any right in the goods, except as provided in the case of tangible bills of lading in a set of parts, overissue of documents for fungible goods, substitutes for lost, stolen, or destroyed documents, or substitute documents issued pursuant to section 7-105. The issuer is liable for damages caused by its overissue or failure to identify a duplicate document by a conspicuous notation.
WV Code § 46-7-403 (2021)
2021 West Virginia Code|Chapter 46. Uniform Commercial Code|Article 7. Warehouse Receipts, Bills of Lading and Other Documents of Title|§46-7-403. Obligation of Bailee to Deliver; Excuse

(a) A bailee shall deliver the goods to a person entitled under a document of title if the person complies with subsections (b) and (c), unless and to the extent that the bailee establishes any of the following:(1) Delivery of the goods to a person whose receipt was rightful as against the claimant;(2) Damage to or delay, loss, or destruction of the goods for which the bailee is not liable;(3) Previous sale or other disposition of the goods in lawful enforcement of a lien or on a warehouse's lawful termination of storage;(4) The exercise by a seller of its right to stop delivery pursuant to section 2-705 or by a lessor of its right to stop delivery pursuant to section 2A-526;(5) A diversion, reconsignment, or other disposition pursuant to section 7-303;(6) Release, satisfaction, or any other personal defense against the claimant; or(7) Any other lawful excuse.(b) A person claiming goods covered by a document of title shall satisfy the bailee's lien if the bailee so requests or if the bailee is prohibited by law from delivering the goods until the charges are paid.(c) Unless a person claiming the goods is a person against which the document of title does not confer a right under section 7-503(a):(1) The person claiming under a document shall surrender possession or control of any outstanding negotiable document covering the goods for cancellation or indication of partial deliveries; and(2) The bailee shall cancel the document or conspicuously indicate in the document the partial delivery or the bailee is liable to any person to which the document is duly negotiated.
WV Code § 46-7-404 (2021)
2021 West Virginia Code|Chapter 46. Uniform Commercial Code|Article 7. Warehouse Receipts, Bills of Lading and Other Documents of Title|§46-7-404. No Liability for Good-Faith Delivery Pursuant to Document of Title

A bailee that in good faith has received goods and delivered or otherwise disposed of the goods according to the terms of a document of title or pursuant to this article is not liable for the goods even if:(1) The person from which the bailee received the goods did not have authority to procure the document or to dispose of the goods; or(2) The person to which the bailee delivered the goods did not have authority to receive the goods.
WV Code § 46-7-501 (2021)
2021 West Virginia Code|Chapter 46. Uniform Commercial Code|Article 7. Warehouse Receipts, Bills of Lading and Other Documents of Title|§46-7-501. Form of Negotiation and Requirements of Due Negotiation

§46-7-501. Form of negotiation and requirements of due negotiation.(a) The following rules apply to a negotiable tangible document of title:(1) If the document's original terms run to the order of a named person, the document is negotiated by the named person's indorsement and delivery. After the named person's indorsement in blank or to bearer, any person may negotiate the document by delivery alone.(2) If the document's original terms run to bearer, it is negotiated by delivery alone.(3) If the document's original terms run to the order of a named person and it is delivered to the named person, the effect is the same as if the document had been negotiated.(4) Negotiation of the document after it has been indorsed to a named person requires indorsement by the named person and delivery.(5) A document is duly negotiated if it is negotiated in the manner stated in this subsection to a holder that purchases it in good faith, without notice of any defense against or claim to it on the part of any person, and for value, unless it is established that the negotiation is not in the regular course of business or financing or involves receiving the document in settlement or payment of a monetary obligation.(b) The following rules apply to a negotiable electronic document of title:(1) If the document's original terms run to the order of a named person or to bearer, the document is negotiated by delivery of the document to another person. Indorsement by the named person is not required to negotiate the document.(2) If the document's original terms run to the order of a named person and the named person has control of the document, the effect is the same as if the document had been negotiated.(3) A document is duly negotiated if it is negotiated in the manner stated in this subsection to a holder that purchases it in good faith, without notice of any defense against or claim to it on the part of any person, and for value, unless it is established that the negotiation is not in the regular course of business or financing or involves taking delivery of the document in settlement or payment of a monetary obligation.(c) Indorsement of a nonnegotiable document of title neither makes it negotiable nor adds to the transferee's rights.(d) The naming in a negotiable bill of lading of a person to be notified of the arrival of the goods does not limit the negotiability of the bill or constitute notice to a purchaser of the bill of any interest of that person in the goods.
WV Code § 46-7-502 (2021)
2021 West Virginia Code|Chapter 46. Uniform Commercial Code|Article 7. Warehouse Receipts, Bills of Lading and Other Documents of Title|§46-7-502. Rights Acquired by Due Negotiation

(a) Subject to sections 7-205 and 7-503, a holder to which a negotiable document of title has been duly negotiated acquires thereby:(1) Title to the document;(2) Title to the goods;(3) All rights accruing under the law of agency or estoppel, including rights to goods delivered to the bailee after the document was issued; and(4) The direct obligation of the issuer to hold or deliver the goods according to the terms of the document free of any defense or claim by the issuer except those arising under the terms of the document or under this article, but in the case of a delivery order, the bailee's obligation accrues only upon the bailee's acceptance of the delivery order and the obligation acquired by the holder is that the issuer and any indorser will procure the acceptance of the bailee.(b) Subject to section 7-503, title and rights acquired by due negotiation are not defeated by any stoppage of the goods represented by the document of title or by surrender of the goods by the bailee and are not impaired even if:(1) The due negotiation or any prior due negotiation constituted a breach of duty;(2) Any person has been deprived of possession of a negotiable tangible document or control of a negotiable electronic document by misrepresentation, fraud, accident, mistake, duress, loss, theft, or conversion; or(3) A previous sale or other transfer of the goods or document has been made to a third person.
WV Code § 46-7-503 (2021)
2021 West Virginia Code|Chapter 46. Uniform Commercial Code|Article 7. Warehouse Receipts, Bills of Lading and Other Documents of Title|§46-7-503. Document of Title to Goods Defeated in Certain Cases

(a) A document of title confers no right in goods against a person that before issuance of the document had a legal interest or a perfected security interest in the goods and that did not:(1) Deliver and entrust them the goods or any document of title covering the goods to the bailor or the bailor's nominee with:(A) Actual or apparent authority to ship, store, or sell;(B) Power to obtain delivery under section 7-403; or(C) Power of disposition under section 2-403, 2A-304(2), 2A-305(2), 9-320, or 9-321(c) or other statute or rule of law; or(2) Acquiesce in the procurement by the bailor or its nominee of any document.(b) Title to goods based upon an unaccepted delivery order is subject to the rights of any person to which a negotiable warehouse receipt or bill of lading covering the goods has been duly negotiated. That title may be defeated under section 7-504 to the same extent as the rights of the issuer or a transferee from the issuer.(c) Title to goods based upon a bill of lading issued to a freight forwarder is subject to the rights of any person to which a bill issued by the freight forwarder is duly negotiated. However, delivery by the carrier in accordance with Part 4 pursuant to its own bill of lading discharges the carrier's obligation to deliver.
WV Code § 46-7-504 (2021)
2021 West Virginia Code|Chapter 46. Uniform Commercial Code|Article 7. Warehouse Receipts, Bills of Lading and Other Documents of Title|§46-7-504. Rights Acquired in Absence of Due Negotiation; Effect of Diversion; Stoppage of Delivery

(a) A transferee of a document of title, whether negotiable or nonnegotiable, to which the document has been delivered but not duly negotiated, acquires the title and rights that its transferor had or had actual authority to convey.(b) In the case of a transfer of a nonnegotiable document of title, until but not after the bailee receives notice of the transfer, the rights of the transferee may be defeated:(1) By those creditors of the transferor which could treat the transfer as void under section 2-402 or 2A-308;(2) By a buyer from the transferor in ordinary course of business if the bailee has delivered the goods to the buyer or received notification of the buyer's rights;(3) By a lessee from the transferor in ordinary course of business if the bailee has delivered the goods to the lessee or received notification of the lessee's rights; or(4) As against the bailee, by good-faith dealings of the bailee with the transferor.(c) A diversion or other change of shipping instructions by the consignor in a nonnegotiable bill of lading which causes the bailee not to deliver the goods to the consignee defeats the consignee's title to the goods if the goods have been delivered to a buyer in ordinary course of business or a lessee in ordinary course of business and, in any event, defeats the consignee's rights against the bailee.(d) Delivery of the goods pursuant to a nonnegotiable document of title may be stopped by a seller under section 2-705 or a lessor under section 2A-526, subject to the requirements of due notification in those sections. A bailee that honors the seller's or lessor's instructions is entitled to be indemnified by the seller or lessor against any resulting loss or expense.
WV Code § 46-7-505 (2021)
2021 West Virginia Code|Chapter 46. Uniform Commercial Code|Article 7. Warehouse Receipts, Bills of Lading and Other Documents of Title|§46-7-505. Indorser Not Guarantor for Other Parties

The indorsement of a tangible document of title issued by a bailee does not make the indorser liable for any default by the bailee or previous indorsers.
WV Code § 46-7-506 (2021)
2021 West Virginia Code|Chapter 46. Uniform Commercial Code|Article 7. Warehouse Receipts, Bills of Lading and Other Documents of Title|§46-7-506. Delivery Without Indorsement: Right to Compel Indorsement

The transferee of a negotiable tangible document of title has a specifically enforceable right to have its transferor supply any necessary indorsement, but the transfer becomes a negotiation only as of the time the indorsement is supplied.
WV Code § 46-7-507 (2021)
2021 West Virginia Code|Chapter 46. Uniform Commercial Code|Article 7. Warehouse Receipts, Bills of Lading and Other Documents of Title|§46-7-507. Warranties on Negotiation or Delivery of Document of Title

If a person negotiates or delivers a document of title for value, otherwise than as a mere intermediary under section 7-508, unless otherwise agreed the transferor, in addition to any warranty made in selling or leasing the goods, warrants to its immediate purchaser only that:(1) The document is genuine; (2) The transferor does not have knowledge of any fact that would impair the document's validity or worth; and(3) The negotiation or delivery is rightful and fully effective with respect to the title to the document and the goods it represents.
WV Code § 46-7-508 (2021)
2021 West Virginia Code|Chapter 46. Uniform Commercial Code|Article 7. Warehouse Receipts, Bills of Lading and Other Documents of Title|§46-7-508. Warranties of Collecting Bank as to Documents of Title

A collecting bank or other intermediary known to be entrusted with documents of title on behalf of another or with collection of a draft or other claim against delivery of documents warrants by the delivery of the documents only its own good faith and authority, even if the collecting bank or other intermediary has purchased or made advances against the claim or draft to be collected.
WV Code § 46-7-509 (2021)
2021 West Virginia Code|Chapter 46. Uniform Commercial Code|Article 7. Warehouse Receipts, Bills of Lading and Other Documents of Title|§46-7-509. Adequate Compliance With Commercial Contract

Whether a document of title is adequate to fulfill the obligations of a contract for sale, a contract for lease, or the conditions of a letter of credit is determined by article 2, 2A, or 5.
WV Code § 46-7-601 (2021)
2021 West Virginia Code|Chapter 46. Uniform Commercial Code|Article 7. Warehouse Receipts, Bills of Lading and Other Documents of Title|§46-7-601. Lost, Stolen or Destroyed Documents of Title

§46-7-601. Lost, stolen or destroyed documents of title.(a) If a document of title is lost, stolen, or destroyed, a court may order delivery of the goods or issuance of a substitute document and the bailee may without liability to any person comply with the order. If the document was negotiable, a court may not order delivery of the goods or issuance of a substitute document without the claimant's posting security unless it finds that any person that may suffer loss as a result of nonsurrender of possession or control of the document is adequately protected against the loss. If the document was nonnegotiable, the court may require security. The court may also order payment of the bailee's reasonable costs and attorney's fees in any action under this subsection.(b) A bailee that, without a court order, delivers goods to a person claiming under a missing negotiable document of title is liable to any person injured thereby. If the delivery is not in good faith, the bailee is liable for conversion. Delivery in good faith is not conversion if the claimant posts security with the bailee in an amount at least double the value of the goods at the time of posting to indemnify any person injured by the delivery which files a notice of claim within one year after the delivery.
WV Code § 46-7-602 (2021)
2021 West Virginia Code|Chapter 46. Uniform Commercial Code|Article 7. Warehouse Receipts, Bills of Lading and Other Documents of Title|§46-7-602. Judicial Process Against Goods Covered by Negotiable Document of Title

Unless a document of title was originally issued upon delivery of the goods by a person that did not have power to dispose of them, a lien does not attach by virtue of any judicial process to goods in the possession of a bailee for which a negotiable document of title is outstanding unless possession or control of the document is first surrendered to the bailee or the document's negotiation is enjoined. The bailee may not be compelled to deliver the goods pursuant to process until possession or control of the document is surrendered to the bailee or to the court. A purchaser of the document for value without notice of the process or injunction takes free of the lien imposed by judicial process.
WV Code § 46-7-603 (2021)
2021 West Virginia Code|Chapter 46. Uniform Commercial Code|Article 7. Warehouse Receipts, Bills of Lading and Other Documents of Title|§46-7-603. Conflicting Claims; Interpleader

If more than one person claims title to or possession of the goods, the bailee is excused from delivery until the bailee has a reasonable time to ascertain the validity of the adverse claims or to commence an action for interpleader. The bailee may assert an interpleader either in defending an action for nondelivery of the goods or by original action.