West Virginia Code
Article 2A. Leases
§46-2A-504. Liquidation of Damages

(1) Damages payable by either party for default, or any other act or omission, including indemnity for loss or diminution of anticipated tax benefits or loss or damage to lessor's residual interest, may be liquidated in the lease agreement but only at an amount or by a formula that is reasonable in light of the then anticipated harm caused by the default or other act or omission.
(2) If the lease agreement provides for liquidation of damages, and such provision does not comply with subsection (1), or such provision is an exclusive or limited remedy that circumstances cause to fail of its essential purpose, remedy may be had as provided in this article.
(3) If the lessor justifiably withholds or stops delivery of goods because of the lessee's default or insolvency (section 2A-525 or 2A-526), the lessee is entitled to restitution of any amount by which the sum of his or her payments exceeds:
(a) The amount to which the lessor is entitled by virtue of terms liquidating the lessor's damages in accordance with subsection (1); or
(b) In the absence of those terms, twenty percent of the then present value of the total rent the lessee was obligated to pay for the balance of the lease term, or, in the case of a consumer lease, the lesser of such amount or $500.
(4) A lessee's right to restitution under subsection (3) is subject to offset to the extent the lessor 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 lessee directly or indirectly by reason of the lease contract.

Structure West Virginia Code

West Virginia Code

Chapter 46. Uniform Commercial Code

Article 2A. Leases

§46-2A-101. Short Title

§46-2A-102. Scope

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

§46-2A-104. Leases Subject to Other Law

§46-2A-105. Territorial Application of Article to Goods Covered by Certificate of Title

§46-2A-106. Limitation on Power of Parties to Consumer Lease to Choose Applicable Law and Judicial Forum

§46-2A-107. Waiver or Renunciation of Claim or Right After Default

§46-2A-108. Unconscionability

§46-2A-109. Option to Accelerate at Will

§46-2A-201. Statute of Frauds

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

§46-2A-203. Seals Inoperative

§46-2A-204. Formation in General

§46-2A-205. Firm Offers

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

§46-2A-208. Modification, Rescission and Waiver

§46-2A-209. Lessee Under Finance Lease as Beneficiary of Supply Contract

§46-2A-210. Express Warranties

§46-2A-211. Warranties Against Interference and Against Infringement; Lessee's Obligation Against Infringement

§46-2A-212. Implied Warranty of Merchantability

§46-2A-213. Implied Warranty of Fitness for Particular Purpose

§46-2A-214. Exclusion or Modification of Warranties

§46-2A-215. Cumulation and Conflict of Warranties Express or Implied

§46-2A-216. Third-Party Beneficiaries of Express and Implied Warranties

§46-2A-217. Identification

§46-2A-218. Insurance and Proceeds

§46-2A-219. Risk of Loss

§46-2A-220. Effect of Default on Risk of Loss

§46-2A-221. Casualty to Identified Goods

§46-2A-301. Enforceability of Lease Contract

§46-2A-302. Title to and Possession of Goods

§46-2A-303. Alienability of Party's Interest Under Lease Contract or of Lessor's Residual Interest in Goods; Delegation of Performance; Transfer of Rights

§46-2A-304. Subsequent Lease of Goods by Lessor

§46-2A-305. Sale or Sublease of Goods by Lessee

§46-2A-306. Priority of Certain Liens Arising by Operation of Law

§46-2A-307. Priority of Liens Arising by Attachment or Levy On, Security Interests In, and Other Claims to Goods

§46-2A-308. Special Rights of Creditors

§46-2A-309. Lessor's and Lessee's Rights When Goods Become Fixtures

§46-2A-310. Lessor's and Lessee's Rights When Goods Become Accessions

§46-2A-311. Priority Subject to Subordination

§46-2A-401. Insecurity; Adequate Assurance of Performance

§46-2A-402. Anticipatory Repudiation

§46-2A-403. Retraction of Anticipatory Repudiation

§46-2A-404. Substituted Performance

§46-2A-405. Excused Performance

§46-2A-406. Procedure on Excused Performance

§46-2A-407. Irrevocable Promises; Finance Leases

§46-2A–501. Default; Procedure

§46-2A-502. Notice After Default

§46-2A-503. Modification or Impairment of Rights and Remedies

§46-2A-504. Liquidation of Damages

§46-2A-505. Cancellation and Termination and Effect of Cancellation, Termination, Rescission, or Fraud on Rights and Remedies

§46-2A-506. Statute of Limitations

§46-2A-507. Proof of Market Rent; Time and Place

§46-2A-508. Lessee's Remedies

§46-2A-509. Lessee's Rights on Improper Delivery; Rightful Rejection

§46-2A-510. Installment Lease Contracts; Rejection and Default

§46-2A-511. Merchant Lessee's Duties as to Rightfully Rejected Goods

§46-2A-512. Lessee's Duties as to Rightfully Rejected Goods

§46-2A-513. Cure by Lessor of Improper Tender or Delivery; Replacement

§46-2A-514. Waiver of Lessee's Objections

§46-2A-515. Acceptance of Goods

§46-2A-516. Effect of Acceptance of Goods; Notice of Default; Burden of Establishing Default After Acceptance; Notice of Claim or Litigation to Person Answerable Over

§46-2A-517. Revocation of Acceptance of Goods

§46-2A–518. Cover; Substitute Goods

§46-2A–519. Lessee's Damages for Nondelivery, Repudiation, Default, and Breach of Warranty in Regard to Accepted Goods

§46-2A-520. Lessee's Incidental and Consequential Damages

§46-2A-521. Lessee's Right to Specific Performance or Replevin

§46-2A-522. Lessee's Right to Goods on Lessor's Insolvency

§46-2A-523. Lessor's Remedies

§46-2A-524. Lessor's Right to Identify Goods to Lease Contract

§46-2A-525. Lessor's Right to Possession of Goods

§46-2A-526. Lessor's Stoppage of Delivery in Transit or Otherwise

§46-2A–527. Lessor's Rights to Dispose of Goods

§46-2A–528. Lessor's Damages for Nonacceptance, Failure to Pay, Repudiation, or Other Default

§46-2A-529. Lessor's Action for the Rent

§46-2A-530. Lessor's Incidental Damages

§46-2A-531. Standing to Sue Third Parties for Injury to Goods

§46-2A-532. Lessor's Rights to Residual Interest