West Virginia Code
Article 2. Sales
§46-2-601. Buyer's Rights on Improper Delivery

§46-2-601. Buyer's rights on improper delivery.
Subject to the provisions of this article on breach in installment contracts (section 2-612) and unless otherwise agreed under the sections on contractual limitations of remedy (sections 2-718 and 2-719), if the goods or the tender of delivery fail in any respect to conform to the contract, the buyer may
(a) reject the whole; or
(b) accept the whole; or
(c) accept any commercial unit or units and reject the rest.

Structure West Virginia Code

West Virginia Code

Chapter 46. Uniform Commercial Code

Article 2. Sales

§46-2-101. Short Title

§46-2-102. Scope; Certain Security and Other Transactions Excluded From This Article

§46-2–103. Definitions and Index of Definitions

§46-2-104. Definitions: "merchant"; &Quot;between Merchants"; &Quot;financing Agency"

§46-2-105. Definitions: Transferability; "goods"; "future" Goods; "lot"; &Quot;commercial unit."

§46-2-106. Definitions: "Contract"; "agreement"; &Quot;contract for Sale"; "sale"; &Quot;present Sale"; "conforming" to Contract; "termination"; "cancellation."

§46-2-107. Goods to Be Severed From Realty: Recording

§46-2-201. Formal Requirements; Statute of Frauds

§46-2–202. Final Written Expression: Parol or Extrinsic Evidence

§46-2-203. Seals Inoperative

§46-2-204. Formation in General

§46-2-205. Firm Offers

§46-2-206. Offer and Acceptance in Formation of Contract

§46-2-207. Additional Terms in Acceptance or Confirmation

§46-2-209. Modification, Rescission and Waiver

§46-2-210. Delegation of Performance; Assignment of Rights

§46-2-301. General Obligations of Parties

§46-2-302. Unconscionable Contract or Clause

§46-2-303. Allocation or Division of Risks

§46-2-304. Price Payable in Money, Goods, Realty, or Otherwise

§46-2-305. Open Price Term

§46-2-306. Output, Requirements and Exclusive Dealings

§46-2-307. Delivery in Single Lot or Several Lots

§46-2-308. Absence of Specified Place for Delivery

§46-2-309. Absence of Specific Time Provisions; Notice of Termination

§46-2-310. Open Time for Payment or Running of Credit; Authority to Ship Under Reservation

§46-2-311. Options and Cooperation Respecting Performance

§46-2-312. Warranty of Title and Against Infringement; Buyer's Obligation Against Infringement

§46-2-313. Express Warranties by Affirmation, Promise, Description, Sample

§46-2-314. Implied Warranty: Merchantability; Usage of Trade

§46-2-315. Implied Warranty: Fitness for Particular Purpose

§46-2-316. Exclusion or Modification of Warranties

§46-2-317. Cumulation and Conflict of Warranties Express or Implied

§46-2-318. Third Party Beneficiaries of Warranties Express or Implied

§46-2-319. f.o.b. and f.a.s.terms

§46-2-320. c.i.f. and c.& f.terms

§46-2-321. c.i.f. or c.&f.: &Quot;net Landed Weights"; &Quot;payment on Arrival"; Warranty of Condition on Arrival

§46-2-322. Delivery &Quot;ex-ship."

§46-2-323. Form of Bill of Lading Required in Overseas Shipment, &Quot;overseas"

§46-2-324. &Quot;no Arrival, No Sale" Term

§46-2-325. &Quot;letter of Credit" Term; &Quot;confirmed credit."

§46-2-326. Sale on Approval and Sale or Return; Rights of Creditors

§46-2-327. Special Incidents of Sale on Approval and Sale or Return

§46-2-328. Sale by Auction

§46-2-401. Passing of Title; Reservation for Security; Limited Application of This Section

§46-2-402. Rights of Seller's Creditors Against Sold Goods

§46-2-403. Power to Transfer; Good Faith Purchase of Goods; "entrusting."

§46-2-501. Insurable Interest in Goods; Manner of Identification of Goods

§46-2-502. Buyer's Right to Goods on Seller's Repudiation, Failure to Deliver, or Insolvency

§46-2-503. Manner of Seller's Tender of Delivery

§46-2-504. Shipment by Seller

§46-2-505. Seller's Shipment Under Reservation

§46-2-506. Rights of Financing Agency

§46-2-507. Effect of Seller's Tender; Delivery on Condition

§46-2-508. Cure by Seller of Improper Tender or Delivery; Replacement

§46-2-509. Risk of Loss in the Absence of Breach

§46-2-510. Effect of Breach on Risk of Loss

§46-2-511. Tender of Payment by Buyer; Payment by Check

§46-2-512. Payment by Buyer Before Inspection

§46-2-513. Buyer's Right to Inspection of Goods

§46-2-514. When Documents Deliverable on Acceptance; When on Payment

§46-2-515. Preserving Evidence of Goods in Dispute

§46-2-601. Buyer's Rights on Improper Delivery

§46-2-602. Manner and Effect of Rightful Rejection

§46-2-603. Merchant Buyer's Duties as to Rightfully Rejected Goods

§46-2-604. Buyer's Options as to Salvage of Rightfully Rejected Goods

§46-2-605. Waiver of Buyer's Objections by Failure to Particularize

§46-2-606. What Constitutes Acceptance of Goods

§46-2-607. Effect of Acceptance; Notice of Breach; Burden of Establishing Breach After Acceptance; Notice of Claim or Litigation to Person Answerable Over

§46-2-608. Revocation of Acceptance in Whole or in Part

§46-2-609. Right to Adequate Assurance of Performance

§46-2-610. Anticipatory Repudiation

§46-2-611. Retraction of Anticipatory Repudiation

§46-2-612. &Quot;installment Contract"; Breach

§46-2-613. Casualty to Identified Goods

§46-2-614. Substituted Performance

§46-2-615. Excuse by Failure of Presupposed Conditions

§46-2-616. Procedure on Notice Claiming Excuse

§46-2-701. Remedies for Breach of Collateral Contracts Not Impaired

§46-2-702. Seller's Remedies on Discovery of Buyer's Insolvency

§46-2-703. Seller's Remedies in General

§46-2-704. Seller's Right to Identify Goods to the Contract Notwithstanding Breach or to Salvage Unfinished Goods

§46-2-705. Seller's Stoppage of Delivery in Transit or Otherwise

§46-2-706. Seller's Resale Including Contract for Resale

§46-2-707. &Quot;person in the Position of a seller."

§46-2-708. Seller's Damages for Nonacceptance or Repudiation

§46-2-709. Action for the Price

§46-2-710. Seller's Incidental Damages

§46-2-711. Buyer's Remedies in General; Buyer's Security Interest in Rejected Goods

§46-2-712. "Cover"; Buyer's Procurement of Substitute Goods

§46-2-713. Buyer's Damages for Nondelivery or Repudiation

§46-2-714. Buyer's Damages for Breach in Regard to Accepted Goods

§46-2-715. Buyer's Incidental and Consequential Damages

§46-2-716. Buyer's Right to Specific Performance or Replevin

§46-2-717. Deduction of Damages From the Price

§46-2-718. Liquidation or Limitation of Damages; Deposits

§46-2-719. Contractual Modification or Limitation of Remedy

§46-2-720. Effect of "cancellation" or "rescission" on Claims for Antecedent Breach

§46-2-721. Remedies for Fraud

§46-2-722. Who Can Sue Third Parties for Injury to Goods

§46-2-723. Proof of Market Price: Time and Place

§46-2-724. Admissibility of Market Quotations

§46-2-725. Statute of Limitations in Contracts for Sale