WVC 46 - 2 A- 510
§46-2A-510. Installment lease contracts; rejection and default.
(1) Under an installment lease contract a lessee may reject
any delivery that is nonconforming if the nonconformity
substantially impairs the value of that delivery and cannot be
cured or the nonconformity is a defect in the required documents;
but if the nonconformity does not fall within subsection (2) and
the lessor or the supplier gives adequate assurance of its cure,
the lessee must accept that delivery.
(2) Whenever nonconformity or default with respect to one or
more deliveries substantially impairs the value of the installment
lease contract as a whole there is a default with respect to the
whole. But, the aggrieved party reinstates the installment lease
contract as a whole if the aggrieved party accepts a nonconforming
delivery without seasonably notifying of cancellation or brings an
action with respect only to past deliveries or demands performance
as to future deliveries.