West Virginia Code § 46-2-511

Tender of payment by buyer; payment by check
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(1) Unless otherwise agreed tender of payment is a condition to the seller's duty to tender
and complete any delivery.
(2) Tender of payment is sufficient when made by any means or in any manner current in the
ordinary course of business unless seller demands payment in legal tender and gives any
extension of time reasonably necessary to procure it.
(3) Subject to the provisions of this chapter on the effect of an instrument on an obligation
(section 3-802), payment by check is conditional and is defeated uas between the parties by
dishonor of the check on due presentment.

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