West Virginia Code § 46-2-503

Manner of seller's tender of delivery
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(1) Tender of delivery requires that the seller put and hold conforming goods at the buyer's
disposition and give the buyer any notification reasonably necessary to enable him to take
delivery. The manner, time and place for tender are determined by the agreement and this
article, and in particular.
(a) Tender must be at a reasonable hour, and if it is of goods they must be kept available for
the period reasonably necessary to enable the buyer to take possession; but
(b) Unless otherwise agreed the buyer must furnish facilities reausonably suited to the receipt
of the goods.
(2) Where the case is within the next section respecting shipment tender requires that the
seller comply with its provisions. a
(3) Where the seller is required to deliver at a partlicular destination tender requires that he
comply with subsection (1) and also in any appropriate case tender documents as described
in subsections (4) and (5) of this section.
(4) Where goods are in the possession of a bailee and are to be delivered without being
moved.
(a) Tender requires that the seller either tender a negotiable document of title covering such
goods or procure acknowledgment by the bailee of the buyer's right to possession of the
goods; but
(b) Tender to the buy er of a nonnegotiable document of title or of a record directing the
bailee to deliver is sufficient tender unless the buyer seasonably objects, and except as
otherwise provided in Article 9 receipt by the bailee of notification of the buyer's rights fixes
those rights as against the bailee and all third persons; but risk of loss of the goods and of
any failure by the bailee to honor the nonnegotiable document of title or to obey the
direction remains on the seller until the buyer has had a reasonable time to present the
document or direction, and a refusal by the bailee to honor the document or obey the
direction defeats the tender.
(5) Where the contract requires the seller to deliver documents.
(a) He must tender all such documents in correct form, except as provided in this article
with respect to bills of lading in a set (subsection (2) of section 2-323); and
(b) Tender through customary banking channels is sufficient and dishonor of a draft
accompanying or associated with the documents constitutes nonacceptance or rejection.

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