West Virginia Code § 46-2A-516

Effect of acceptance of goods; notice of default; burden of establishing
Open in Lexace · Ask the AI about this section
default after acceptance; notice of claim or litigation to person answerable over.
(1) A lessee must pay rent for any goods accepted in accordance with the lease contract,
with due allowance for goods rightfully rejected or not delivered.
(2) A lessee's acceptance of goods precludes rejection of the goods accepted. In the case of a
finance lease, if made with knowledge of a nonconformity, acceptance cannot be revoked
because of it. In any other case, if made with knowledge of a nonconformity, acceptance
cannot be revoked because of it unless the acceptance was on the reasonable assumption
that the nonconformity would be seasonably cured. Acceptance duoes not of itself impair any
other remedy provided by this article or the lease agreement for nonconformity.
(3) If a tender has been accepted:
(a) Within a reasonable time after the lessee discovers or should have discovered any
default, the lessee shall notify the lessor and the sulpplier, if any, or be barred from any
remedy against the party not notified; s
(b) Except in the case of a consumer leasei, within a reasonable time after the lessee receives
notice of litigation for infringement or the like (section 2A-211) the lessee shall notify the
lessor or be barred from any remedy over for liability established by the litigation; and
(c) The burden is on the lessee to establish any default.
(4) If a lessee is sued for breach of a warranty or other obligation for which a lessor or a
supplier is answerable over the following apply:
(a) The lessee may give the lessor or the supplier, or both, written notice of the litigation. If
the notice states that the person notified may come in and defend, and that if the person
notified does not do so, that person will be bound in any action against that person by the
lessee by any determination of fact common to the two litigations, then unless the person
notified after seasonable receipt of the notice does come in and defend, that person is so
bound;
(b) The lessor or the supplier may demand in writing that the lessee turn over control of the
litigation including settlement if the claim is one for infringement or the like (section 2A-211)
or else be barred from any remedy over. If the demand states that the lessor or the supplier
agrees to bear all expense and to satisfy any adverse judgment, then unless the lessee after
seasonable receipt of the demand does turn over control, the lessee is so barred.
(5) Subsections (3) and (4) apply to any obligation of a lessee to hold the lessor or the
supplier harmless against infringement or the like (section 2A-211).

‹ Prev All West Virginia sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.