(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.
Structure West Virginia Code
Chapter 46. Uniform Commercial Code
Article 7. Warehouse Receipts, Bills of Lading and Other Documents of Title
§46-7-102. Definitions and Index of Definitions
§46-7-103. Relation of Article to Treaty or Statute
§46-7-104. Negotiable and Nonnegotiable Document of Title
§46-7-105. Reissuance in Alternative Medium
§46-7-106. Control of Electronic Document of Title
§46-7-201. Person That May Issue a Warehouse Receipt; Storage Under Bond
§46-7-202. Form of Warehouse Receipt; Effect of Omission
§46-7-203. Liability for Nonreceipt or Misdescription
§46-7-204. Duty of Care; Contractual Limitation of Warehouse's Liability
§46-7-205. Title Under Warehouse Receipt Defeated in Certain Cases
§46-7-206. Termination of Storage at Warehouse's Option
§46-7-207. Goods Must Be Kept Separate; Fungible Goods
§46-7-208. Altered Warehouse Receipts
§46-7-210. Enforcement of Warehouse's Lien
§46-7-302. Through Bills of Lading and Similar Documents of Title
§46-7-303. Diversion; Reconsignment; Change of Instructions
§46-7-304. Tangible Bills of Lading in a Set
§46-7-306. Altered Bills of Lading
§46-7-308. Enforcement of Carrier's Lien
§46-7-309. Duty of Care; Contractual Limitation of Carrier's Liability
§46-7-401. Irregularities in Issue of Receipt or Bill or Conduct of Issuer
§46-7-402. Duplicate Document of Title; Overissue
§46-7-403. Obligation of Bailee to Deliver; Excuse
§46-7-404. No Liability for Good-Faith Delivery Pursuant to Document of Title
§46-7-501. Form of Negotiation and Requirements of Due Negotiation
§46-7-502. Rights Acquired by Due Negotiation
§46-7-503. Document of Title to Goods Defeated in Certain Cases
§46-7-504. Rights Acquired in Absence of Due Negotiation; Effect of Diversion; Stoppage of Delivery
§46-7-505. Indorser Not Guarantor for Other Parties
§46-7-506. Delivery Without Indorsement: Right to Compel Indorsement
§46-7-507. Warranties on Negotiation or Delivery of Document of Title
§46-7-508. Warranties of Collecting Bank as to Documents of Title
§46-7-509. Adequate Compliance With Commercial Contract
§46-7-601. Lost, Stolen or Destroyed Documents of Title
§46-7-602. Judicial Process Against Goods Covered by Negotiable Document of Title