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WV Code § 46-2-709 (2021)
2021 West Virginia Code|Chapter 46. Uniform Commercial Code|Article 2. Sales|§46-2-709. Action for the Price

(1) When the buyer fails to pay the price as it becomes due the seller may recover, together with any incidental damages under the next section, the price(a) of goods accepted or of conforming goods lost or damaged within a commercially reasonable time after risk of their loss has passed to the buyer; and(b) of goods identified to the contract if the seller is unable after reasonable effort to resell them at a reasonable price or the circumstances reasonably indicate that such effort will be unavailing.(2) Where the seller sues for the price he or she must hold for the buyer any goods which have been identified to the contract and are still in his or her control except that if resale becomes possible he or she may resell them at any time prior to the collection of the judgment. The net proceeds of any such resale must be credited to the buyer and payment of the judgment entitles him or her to any goods not resold.(3) After the buyer has wrongfully rejected or revoked acceptance of the goods or has failed to make a payment due or has repudiated (section 2-610), a seller who is held not entitled to the price under this section shall nevertheless be awarded damages for nonacceptance under the preceding section.
WV Code § 46-2-710 (2021)
2021 West Virginia Code|Chapter 46. Uniform Commercial Code|Article 2. Sales|§46-2-710. Seller's Incidental Damages

Incidental damages to an aggrieved seller include any commercially reasonable charges, expenses or commissions incurred in stopping delivery, in the transportation, care and custody of goods after the buyer's breach, in connection with return or resale of the goods or otherwise resulting from the breach.
WV Code § 46-2-711 (2021)
2021 West Virginia Code|Chapter 46. Uniform Commercial Code|Article 2. Sales|§46-2-711. Buyer's Remedies in General; Buyer's Security Interest in Rejected Goods

(1) Where the seller fails to make delivery or repudiates or the buyer rightfully rejects or justifiably revokes acceptance then with respect to any goods involved, and with respect to the whole if the breach goes to the whole contract (section 2-612), the buyer may cancel and whether or not he has done so may in addition to recovering so much of the price as has been paid(a) "cover" and have damages under the next section as to all the goods affected whether or not they have been identified to the contract; or(b) recover damages for nondelivery as provided in this article (section 2-713).(2) Where the seller fails to deliver or repudiates the buyer may also(a) if the goods have been identified recover them as provided in this article (section 2-502); or(b) in a proper case obtain specific performance or replevy the goods as provided in this article (section 2-716).(3) On rightful rejection or justifiable revocation of acceptance a buyer has a security interest in goods in his possession or control for any payments made on their price and any expenses reasonably incurred in their inspection, receipt, transportation, care and custody and may hold such goods and resell them in like manner as an aggrieved seller (section 2- 703).
WV Code § 46-2-712 (2021)
2021 West Virginia Code|Chapter 46. Uniform Commercial Code|Article 2. Sales|§46-2-712. "Cover"; Buyer's Procurement of Substitute Goods

(1) After a breach within the preceding section the buyer may "cover" by making in good faith and without unreasonable delay any reasonable purchase of or contract to purchase goods in substitution for those due from the seller.(2) The buyer may recover from the seller as damages the difference between the cost of cover and the contract price together with any incidental or consequential damages as hereinafter defined (section 2-715), but less expenses saved in consequence of the seller's breach.(3) Failure of the buyer to effect cover within this section does not bar him from any other remedy.
WV Code § 46-2-713 (2021)
2021 West Virginia Code|Chapter 46. Uniform Commercial Code|Article 2. Sales|§46-2-713. Buyer's Damages for Nondelivery or Repudiation

(1) Subject to the provisions of this article with respect to proof of market price (section 2-723), the measure of damages for nondelivery or repudiation by the seller is the difference between the market price at the time when the buyer learned of the breach and the contract price together with any incidental and consequential damages provided in this article (section 2- 715), but less expenses saved in consequence of the seller's breach.(2) Market price is to be determined as of the place for tender or, in cases of rejection after arrival or revocation of acceptance, as of the place of arrival.
WV Code § 46-2-714 (2021)
2021 West Virginia Code|Chapter 46. Uniform Commercial Code|Article 2. Sales|§46-2-714. Buyer's Damages for Breach in Regard to Accepted Goods

(1) Where the buyer has accepted goods and given notification (subsection (3) of section 2-607), he may recover as damages for any nonconformity of tender the loss resulting in the ordinary course of events from the seller's breach as determined in any manner which is reasonable.(2) The measure of damages for breach of warranty is the difference at the time and place of acceptance between the value of the goods accepted and the value they would have had if they had been as warranted, unless special circumstances show proximate damages of a different amount.(3) In a proper case any incidental and consequential damages under the next section may also be recovered.
WV Code § 46-2-715 (2021)
2021 West Virginia Code|Chapter 46. Uniform Commercial Code|Article 2. Sales|§46-2-715. Buyer's Incidental and Consequential Damages

(1) Incidental damages resulting from the seller's breach include expenses reasonably incurred in inspection, receipt, transportation and care and custody of goods rightfully rejected, any commercially reasonable charges, expenses or commissions in connection with effecting cover and any other reasonable expense incident to the delay or other breach.(2) Consequential damages resulting from the seller's breach include(a) any loss resulting from general or particular requirements and needs of which the seller at the time of contracting had reason to know and which could not reasonably be prevented by cover or otherwise; and(b) injury to person or property approximately resulting from any breach of warranty.
WV Code § 46-2-716 (2021)
2021 West Virginia Code|Chapter 46. Uniform Commercial Code|Article 2. Sales|§46-2-716. Buyer's Right to Specific Performance or Replevin

(1) Specific performance may be decreed where the goods are unique or in other proper circumstances.(2) The decree for specific performance may include such terms and conditions as to payment of the price, damages, or other relief as the court may deem just.(3) The buyer has a right of replevin for goods identified to the contract if after reasonable effort he is unable to effect cover for such goods or the circumstances reasonably indicate that such effort will be unavailing or if the goods have been shipped under reservation and satisfaction of the security interest in them has been made or tendered. In the case of goods bought for personal, family, or household purposes, the buyer's right of replevin vests upon acquisition of a special property, even if the seller had not then repudiated or failed to deliver.
WV Code § 46-2-717 (2021)
2021 West Virginia Code|Chapter 46. Uniform Commercial Code|Article 2. Sales|§46-2-717. Deduction of Damages From the Price

The buyer on notifying the seller of his intention to do so may deduct all or any part of the damages resulting from any breach of the contract from any part of the price still due under the same contract.
WV Code § 46-2-718 (2021)
2021 West Virginia Code|Chapter 46. Uniform Commercial Code|Article 2. Sales|§46-2-718. Liquidation or Limitation of Damages; Deposits

(1) Damages for breach by either party may be liquidated in the agreement but only at an amount which is reasonable in the light of the anticipated or actual harm caused by the breach, the difficulties of proof of loss, and the inconvenience or nonfeasibility of otherwise obtaining an adequate remedy. A term fixing unreasonably large liquidated damages is void as a penalty.(2) Where the seller justifiably withholds delivery of goods because of the buyer's breach, the buyer is entitled to restitution of any amount by which the sum of his payments exceeds(a) the amount to which the seller is entitled by virtue of terms liquidating the seller's damages in accordance with subsection (1), or(b) in the absence of such terms, twenty percent of the value of the total performance for which the buyer is obligated under the contract or $500, whichever is smaller.(3) The buyer's right to restitution under subsection (2) is subject to offset to the extent that the seller establishes(a) a right to recover damages under the provisions of this article other than subsection (1), and(b) the amount or value of any benefits received by the buyer directly or indirectly by reason of the contract.(4) Where a seller has received payment in goods their reasonable value or the proceeds of their resale shall be treated as payments for the purposes of subsection (2); but if the seller has notice of the buyer's breach before reselling goods received in part performance, his resale is subject to the conditions laid down in this article on resale by an aggrieved seller (section 2- 706).
WV Code § 46-2-719 (2021)
2021 West Virginia Code|Chapter 46. Uniform Commercial Code|Article 2. Sales|§46-2-719. Contractual Modification or Limitation of Remedy

(1) Subject to the provisions of subsections (2) and (3) of this section and of the preceding section on liquidation and limitation of damages,(a) the agreement may provide for remedies in addition to or in substitution for those provided in this article and may limit or alter the measure of damages recoverable under this article, as by limiting the buyer's remedies to return of the goods and repayment of the price or to repair and replacement of nonconforming goods or parts; and(b) resort to a remedy as provided is optional unless the remedy is expressly agreed to be exclusive, in which case it is the sole remedy.(2) Where circumstances cause an exclusive or limited remedy to fail of its essential purpose, remedy may be had as provided in this article.(3) Consequential damages may be limited or excluded unless the limitation or exclusion is unconscionable. Limitation of consequential damages for injury to the person in the case of consumer goods is prima facie unconscionable but limitation of damages where the loss is commercial is not.
WV Code § 46-2-720 (2021)
2021 West Virginia Code|Chapter 46. Uniform Commercial Code|Article 2. Sales|§46-2-720. Effect of "cancellation" or "rescission" on Claims for Antecedent Breach

Unless the contrary intention clearly appears, expressions of "cancellation" or "rescission" of the contract or the like shall not be construed as a renunciation or discharge of any claim in damages for an antecedent breach.
WV Code § 46-2-721 (2021)
2021 West Virginia Code|Chapter 46. Uniform Commercial Code|Article 2. Sales|§46-2-721. Remedies for Fraud

Remedies for material misrepresentation or fraud include all remedies available under this article for nonfraudulent breach. Neither rescission or a claim for rescission of the contract for sale nor rejection or return of the goods shall bar or be deemed inconsistent with a claim for damages or other remedy.
WV Code § 46-2-722 (2021)
2021 West Virginia Code|Chapter 46. Uniform Commercial Code|Article 2. Sales|§46-2-722. Who Can Sue Third Parties for Injury to Goods

Where a third party so deals with goods which have been identified to a contract for sale as to cause actionable injury to a party to that contract(a) a right of action against the third party is in either party to the contract for sale who has title to or a security interest or a special property or an insurable interest in the goods; and if the goods have been destroyed or converted a right of action is also in the party who either bore the risk of loss under the contract for sale or has since the injury assumed that risk as against the other;(b) if at the time of the injury the party plaintiff did not bear the risk of loss as against the other party to the contract for sale and there is no arrangement between them for disposition of the recovery, his suit or settlement is, subject to his own interest, as a fiduciary for the other party to the contract;(c) either party may with the consent of the other sue for the benefit of whom it may concern.
WV Code § 46-2-723 (2021)
2021 West Virginia Code|Chapter 46. Uniform Commercial Code|Article 2. Sales|§46-2-723. Proof of Market Price: Time and Place

(1) If an action based on anticipatory repudiation comes to trial before the time for performance with respect to some or all of the goods, any damages based on market price (section 2-708 or section 2-713) shall be determined according to the price of such goods prevailing at the time when the aggrieved party learned of the repudiation.(2) If evidence of a price prevailing at the times or places described in this article is not readily available the price prevailing within any reasonable time before or after the time described or at any other place which in commercial judgment or under usage of trade would serve as a reasonable substitute for the one described may be used, making any proper allowance for the cost of transporting the goods to or from such other place.(3) Evidence of a relevant price prevailing at a time or place other than the one described in this article offered by one party is not admissible unless and until he has given the other party such notice as the court finds sufficient to prevent unfair surprise.
WV Code § 46-2-724 (2021)
2021 West Virginia Code|Chapter 46. Uniform Commercial Code|Article 2. Sales|§46-2-724. Admissibility of Market Quotations

Whenever the prevailing price or value of any goods regularly bought and sold in any established commodity market is in issue, reports in official publications or trade journals or in newspapers or periodicals of general circulation published as the reports of such market shall be admissible in evidence. The circumstances of the preparation of such a report may be shown to affect its weight but not its admissibility.
WV Code § 46-2-725 (2021)
2021 West Virginia Code|Chapter 46. Uniform Commercial Code|Article 2. Sales|§46-2-725. Statute of Limitations in Contracts for Sale

(1) An action for breach of any contract for sale must be commenced within four years after the cause of action has accrued. By the original agreement the parties may reduce the period of limitation to not less than one year but may not extend it.(2) A cause of action accrues when the breach occurs, regardless of the aggrieved party's lack of knowledge of the breach. A breach of warranty occurs when tender of delivery is made, except that where a warranty explicitly extends to future performance of the goods and discovery of the breach must await the time of such performance the cause of action accrues when the breach is or should have been discovered.(3) Where an action commenced within the time limited by subsection (1) is so terminated as to leave available a remedy by another action for the same breach such other action may be commenced after the expiration of the time limited and within six months after the termination of the first action unless the termination resulted from voluntary discontinuance or from dismissal for failure or neglect to prosecute.(4) This section does not alter the law on tolling of the statute of limitations nor does it apply to causes of action which have accrued before this chapter becomes effective.
WV Code § 46-2A-101 (2021)
2021 West Virginia Code|Chapter 46. Uniform Commercial Code|Article 2A. Leases|§46-2A-101. Short Title

§46-2A-101. Short title.This article shall be known and may be cited as the Uniform Commercial Code--Leases.
WV Code § 46-2A-102 (2021)
2021 West Virginia Code|Chapter 46. Uniform Commercial Code|Article 2A. Leases|§46-2A-102. Scope

This article applies to any transaction, regardless of form, that creates a lease.
WV Code § 46-2A-104 (2021)
2021 West Virginia Code|Chapter 46. Uniform Commercial Code|Article 2A. Leases|§46-2A-104. Leases Subject to Other Law

(1) A lease, although subject to this article, is also subject to any applicable:(a) Certificate of title statute of this state: Section 17A-3-2;(b) Certificate of title statute of another jurisdiction (section 2A-105); or(c) Consumer protection statute of this state, or final consumer protection decision of a court of this state existing on the effective date of this article.(2) In case of conflict between this article, other than sections 2A-105, 2A-304(3), and 2A-305(3), and a statute or decision referred to in subsection (1), the statute or decision controls.(3) Failure to comply with an applicable law has only the effect specified therein.
WV Code § 46-2A-105 (2021)
2021 West Virginia Code|Chapter 46. Uniform Commercial Code|Article 2A. Leases|§46-2A-105. Territorial Application of Article to Goods Covered by Certificate of Title

Subject to the provisions of sections 2A-304(3) and 2A-305(3), with respect to goods covered by a certificate of title issued under a statute of this state or of another jurisdiction, compliance and the effect of compliance or noncompliance with a certificate of title statute are governed by the law (including the conflict of laws rules) of the jurisdiction issuing the certificate until the earlier of: (a) Surrender of the certificate; or (b) four months after the goods are removed from that jurisdiction and thereafter until a new certificate of title is issued by another jurisdiction.
WV Code § 46-2A-106 (2021)
2021 West Virginia Code|Chapter 46. Uniform Commercial Code|Article 2A. Leases|§46-2A-106. Limitation on Power of Parties to Consumer Lease to Choose Applicable Law and Judicial Forum

(1) If the law chosen by the parties to a consumer lease is that of a jurisdiction other than a jurisdiction in which the lessee resides at the time the lease agreement becomes enforceable or within thirty days thereafter or in which the goods are to be used, the choice is not enforceable.(2) If the judicial forum chosen by the parties to a consumer lease is a forum that would not otherwise have jurisdiction over the lessee, the choice is not enforceable.
WV Code § 46-2A-107 (2021)
2021 West Virginia Code|Chapter 46. Uniform Commercial Code|Article 2A. Leases|§46-2A-107. Waiver or Renunciation of Claim or Right After Default

Any claim or right arising out of an alleged default or breach of warranty may be discharged, in whole or in part, without consideration by a written waiver or renunciation signed and delivered by the aggrieved party.
WV Code § 46-2A-108 (2021)
2021 West Virginia Code|Chapter 46. Uniform Commercial Code|Article 2A. Leases|§46-2A-108. Unconscionability

(1) If the court as a matter of law finds a lease contract or any clause of a lease contract to have been unconscionable at the time it was made the court may refuse to enforce the lease contract, or it may enforce the remainder of the lease contract without the unconscionable clause, or it may so limit the application of any unconscionable clause as to avoid any unconscionable result.(2) With respect to a consumer lease, if the court as a matter of law finds that a lease contract or any clause of a lease contract has been induced by unconscionable conduct or that unconscionable conduct has occurred in the collection of a claim arising from a lease contract, the court may grant appropriate relief.(3) Before making a finding of unconscionability under subsection (1) or (2), the court, on its own motion or that of a party, shall afford the parties a reasonable opportunity to present evidence as to the setting, purpose, and effect of the lease contract or clause thereof, or of the conduct.(4) In an action in which the lessee claims unconscionability with respect to a consumer lease:(a) If the court finds unconscionability under subsection (1) or (2), the court shall award reasonable attorney's fees to the lessee.(b) If the court does not find unconscionability and the lessee claiming unconscionability has brought or maintained an action he or she knew to be groundless, the court shall award reasonable attorney's fees to the party against whom the claim is made.(c) In determining attorney's fees, the amount of the recovery on behalf of the claimant under subsections (1) and (2) is not controlling.
WV Code § 46-2A-109 (2021)
2021 West Virginia Code|Chapter 46. Uniform Commercial Code|Article 2A. Leases|§46-2A-109. Option to Accelerate at Will

(1) A term providing that one party or his or her successor in interest may accelerate payment or performance or require collateral or additional collateral "at will" or "when he or she deems himself or herself insecure" or in words of similar import must be construed to mean that he or she has power to do so only if he or she in good faith believes that the prospect of payment or performance is impaired.(2) With respect to a consumer lease, the burden of establishing good faith under subsection (1) is on the party who exercised the power; otherwise the burden of establishing lack of good faith is on the party against whom the power has been exercised.
WV Code § 46-2A-201 (2021)
2021 West Virginia Code|Chapter 46. Uniform Commercial Code|Article 2A. Leases|§46-2A-201. Statute of Frauds

§46-2A-201. Statute of frauds.(1) A lease contract is not enforceable by way of action or defense unless:(a) The total payments to be made under the lease contract, excluding payments for options to renew or buy, are less than $1,000; or(b) There is a writing, signed by the party against whom enforcement is sought or by that party's authorized agent, sufficient to indicate that a lease contract has been made between the parties and to describe the goods leased and the lease term.(2) Any description of leased goods or of the lease term is sufficient and satisfies subsection (1)(b), whether or not it is specific, if it reasonably identifies what is described.(3) A writing is not insufficient because it omits or incorrectly states a term agreed upon, but the lease contract is not enforceable under subsection (1)(b) beyond the lease term and the quantity of goods shown in the writing.(4) A lease contract that does not satisfy the requirements of subsection (1), but which is valid in other respects, is enforceable:(a) If the goods are to be specially manufactured or obtained for the lessee and are not suitable for lease or sale to others in the ordinary course of the lessor's business, and the lessor, before notice of repudiation is received and under circumstances that reasonably indicate that the goods are for the lessee, has made either a substantial beginning of their manufacture or commitments for their procurement;(b) If the party against whom enforcement is sought admits in that party's pleading, testimony or otherwise in court that a lease contract was made, but the lease contract is not enforceable under this provision beyond the quantity of goods admitted; or(c) With respect to goods that have been received and accepted by the lessee.(5) The lease term under a lease contract referred to in subsection (4) is:(a) If there is a writing signed by the party against whom enforcement is sought or by that party's authorized agent specifying the lease term, the term so specified;(b) If the party against whom enforcement is sought admits in that party's pleading, testimony, or otherwise in court a lease term, the term so admitted; or(c) A reasonable lease term.