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W. Va. Code § 46-2A-407

Irrevocable promises; finance leases

Known as the Uniform Commercial Code

The act spans §§ 46-10-101 to 46-9-809 (630 sections).

Applied in 1 court decision — leading case Blue Ridge Bank, Inc. v. City of Fairmont (2017)

Most recently applied in Blue Ridge Bank, Inc. v. City of Fairmont (November 2017)

(1) In the case of a finance lease that is not a consumer lease the lessee's promises under the lease contract become irrevocable and independent upon the lessee's acceptance of the goods.

(2) A promise that has become irrevocable and independent under subsection (1):

(a) Is effective and enforceable between the parties, and by or against third parties including assignees of the parties; and

(b) Is not subject to cancellation, termination, modification, repudiation, excuse or substitution without the consent of the party to whom the promise runs.

(3) This section does not affect the validity under any other law of a covenant in any lease contract making the lessee's promises irrevocable and independent upon the lessee's acceptance of the goods.

(4) In the case of a consumer lease, the promises of each party are dependent on the promises of the other party or parties.

Official source: West Virginia Legislature. Reproduced from public-domain West Virginia statutes; confirm against the official source for the current text. Not legal advice.