West Virginia Code § 46-2-104

Definitions: "merchant"; "between merchants"; "financing agency"
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(1) "Merchant" means a person who deals in goods of the kind or otherwise by his
occupation holds himself out as having knowledge or skill peculiar to the practices or goods
involved in the transaction or to whom such knowledge or skill may be attributed by his or
her employment of an agent or broker or other intermediary who by his occupation holds
himself out as having such knowledge or skill. e
(2) "Financing agency" means a bank, finance company or other person who in the ordinary
course of business makes advances against goods or documents of title or who by
arrangement with either the seller or the buyer intervenes in orduinary course to make or
collect payment due or claimed under the contract for sale, as by purchasing or paying the
seller's draft or making advances against it or by merely takting it for collection whether or
not documents of title accompany or are associated with the draft. "Financing agency"
includes also a bank or other person who similarly intervenes between persons who are in
the position of seller and buyer in respect to the goods (section 2-707).
(3) "Between merchants" means in any transasction with respect to which both parties are
chargeable with the knowledge or skill of merchants.

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