Added Virginia Law Library folder.

Code_of_Virginia/CoVTitle_41.1.csv

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+41.1|LAND OFFICE|||||||||||§ 41.1-1|Librarian of Virginia in charge of Land Office.|<p>The Librarian of Virginia shall be in charge of and keep and preserve all records of the Land Office.</p><p>Code 1950, § 41-1; 1952, c. 185; 1970, c. 291; 1998, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?981+ful+CHAP0427'>427</a>.</p>
+41.1|LAND OFFICE|||||||||||§ 41.1-2|Act changing name of Denny Martin taken as true; records, etc., of Northern Neck and other lands.|<p>In all suits, either at law or in equity, in which title to any land is derived or sought to be derived from Lord Fairfax, through Denny Martin Fairfax, it shall not be necessary in order to make out a chain of title, to prove the act of Parliament authorizing Denny Martin, the devisee of Lord Fairfax, to take the name of Fairfax, but the same shall be presumed and taken to be true to the same extent as if a properly authenticated copy of such act had been adduced in evidence.</p><p>The records, documents, and entries of land granted by the former lord proprietor of the Northern Neck, and of all land granted, or to be granted, by the Commonwealth, shall be in the keeping of the Librarian of Virginia in the Land Office in the City of Richmond.</p><p>Code 1950, § 41-2; 1970, c. 291; 1998, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?981+ful+CHAP0427'>427</a>.</p>
+41.1|LAND OFFICE|||||||||||§ 41.1-3|Grants of certain lands, etc., to be void; such lands, etc., under control of Governor.|<p>No grant shall be valid or effectual in law to pass any estate or interest in (i) any lands unappropriated or belonging to the Commonwealth, which embrace the old magazine at Westham, or any stone quarry now worked by the Commonwealth, or any lands which are within a mile of such magazine, or any such quarry; (ii) any ungranted beds of bays, rivers, creeks and the shores of the sea under § <a href='http://law.lis.virginia.gov/vacode/28.2-1200/'>28.2-1200</a>; (iii) any natural oyster bed, rock, or shoal, whether such bed, rock, or shoal shall ebb bare or not; (iv) any islands created in the navigable waters of the Commonwealth through the instrumentality of dredging or filling operations; (v) any islands which rise from any lands which are property of the Commonwealth under § <a href='http://law.lis.virginia.gov/vacode/28.2-1201/'>28.2-1201</a>; or (vi) any ungranted shores of the sea, marsh or meadowlands as defined in § <a href='http://law.lis.virginia.gov/vacode/28.2-1500/'>28.2-1500</a>. Every such grant for any such lands, islands, bed, rock, or shoal shall be absolutely void; however, this section shall not be construed to affect the title to grants issued prior to March 15, 1932. Such magazine and every such stone quarry and the lands of the Commonwealth adjacent to or in their neighborhood, shall be under the control of the Governor, who may make such regulations concerning the same as he may deem best for the interests of the Commonwealth.</p><p>Code 1950, § 41-8; 1970, c. 291; 1991, c. 378; 1995, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?951+ful+CHAP0850'>850</a>.</p>
+41.1|LAND OFFICE|||||||||||§ 41.1-4|Repealed.|<p>Repealed by Acts 1995, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?951+ful+CHAP0850'>850</a>.</p>
+41.1|LAND OFFICE|||||||||||§ 41.1-4.1|Repealed.|<p>Repealed by Acts 1992, c. 836.</p>
+41.1|LAND OFFICE|||||||||||§ 41.1-5|Circuit courts authorized to dispose of waste and unappropriated lands.|<p>The circuit courts of the counties and cities in which waste and unappropriated lands are alleged to lie are vested with authority to sell and dispose thereof in proceedings brought under §§ <a href='http://law.lis.virginia.gov/vacode/41.1-16/'>41.1-16</a> through <a href='http://law.lis.virginia.gov/vacode/41.1-20/'>41.1-20</a>; however, no sale or disposition shall be made of lands mentioned in § <a href='http://law.lis.virginia.gov/vacode/28.2-1200/'>28.2-1200</a> or of lands as to which a grant could not have been issued by the Librarian of Virginia under § <a href='http://law.lis.virginia.gov/vacode/41.1-3/'>41.1-3</a>.</p><p>Code 1950, § 41-8.2; 1952, c. 185; 1970, c. 291; 1991, c. 378; 1995, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?951+ful+CHAP0850'>850</a>; 1998, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?981+ful+CHAP0427'>427</a>.</p>
+41.1|LAND OFFICE|||||||||||§ 41.1-6|Ratification of grants issued pursuant to § 41.1-3.|<p>Any grants for land heretofore issued by the Librarian of Virginia pursuant to § <a href='http://law.lis.virginia.gov/vacode/41.1-3/'>41.1-3</a> are hereby ratified and confirmed and title is confirmed in the grantees thereof.</p><p>Code 1950, § 41-8.3; 1966, c. 427; 1970, c. 291; 1998, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?981+ful+CHAP0427'>427</a>.</p>
+41.1|LAND OFFICE|||||||||||§ 41.1-7|Copies of unsigned grants admissible in evidence; Commonwealth's right relinquished when certain taxes paid; correction of record.|<p>Where the records in the Land Office disclose the fact that the land warrants used as the foundation for a grant of any of the public lands of the Commonwealth, subject to grant, were fully paid for and that the right to such grant was finally and fully completed in the manner prescribed by law and a grant therefor made out and spread upon the record book in the Land Office, in due form of law and regular in every respect only that the name of the then Governor of Virginia was not recorded at the foot thereof on the record book, it shall be the duty of the Librarian of Virginia, upon the request of any person interested, to furnish a copy of such grant as it appears of record in the Land Office, together with a certificate to the effect that the land warrants upon which such grant was founded, were fully paid for; that the right to such grant had been finally and fully completed in the manner prescribed by law, and that the grant was regular in every respect except only that the signature of the Governor did not appear at the foot thereof on the record. Such copy and certificate shall be received in evidence in any legal proceeding in which the title to the land described in such grant, or any part thereof, is brought in controversy, and shall be prima facie evidence of title to such land; and when the land embraced in such grant, or any part thereof, shall have been regularly on the proper land books and the taxes and levies regularly assessed thereon and paid by the claimants thereof, claiming under such grant, for a continuous period of ten years, any title which may rest in the Commonwealth, to so much of the land as has been so on the land books and upon which the taxes and levies shall have been so paid, shall be relinquished to the person so claiming the same, and any such claimant of such land, on which the taxes and levies shall have been so paid, may file a petition in the circuit court of the county or city in which such land lies, after ten days' notice in writing to the attorney for the Commonwealth for such county or city who shall appear and defend the same on behalf of the Commonwealth and the county or city; and upon satisfactory proof of the fact that such land has so been on the land books of the county or city and all the taxes and levies regularly paid thereon for the period of time hereinbefore specified, and the production before the court of the copy of such grant and the certificate of the Librarian of Virginia, hereinbefore provided for, the court shall make an order which shall recite and set forth all of such facts so proved and shown, which order, when so made and entered of record on the proper order book of the court, shall operate to effectually relinquish to the person so claiming such land through and under such grant, whatever right and title may rest in the Commonwealth, thereto; and a copy of such order shall be conclusive evidence of the better right of the claimant under such grant, in any caveat proceeding, or in any other controversy between such claimant and any other person claiming under a location of such land or any part thereof, made after the date of such order.</p><p>But nothing contained in this section shall in any manner affect any right adverse to any person claiming under such grant, which vested prior to June 22, 1926, nor divest the right or title, if any, of any junior grantee of any part of the land embraced within the exterior bounds of such grant, claiming under a junior grant which was regularly issued prior to June 22, 1926, or anyone holding or claiming through or under such junior grantee, but in any controversy between such adverse claimants or junior grantees, or persons claiming or holding through or under them, and any person holding or claiming through or under such grant as is first herein mentioned, the contesting parties shall be left to the strength of their respective rights and titles according to the nature of the case, independent of this section, and just as if it had not been enacted.</p><p>If it shall appear from the original of any such grant as is first hereinbefore referred to, that such original was actually signed by the Governor, the Librarian of Virginia shall, upon the presentation to him in the Land Office, of such original grant so signed, correct the record thereof so as to conform to such original grant, and affix thereto the date of such correction and a certificate of the fact that such original, duly signed by the Governor, had been presented to him.</p><p>Code 1950, § 41-9; 1970, c. 291; 1998, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?981+ful+CHAP0427'>427</a>.</p>
+41.1|LAND OFFICE|||||||||||§ 41.1-8|When grant invalid; when Commonwealth's right relinquished to land settled on.|<p>No grant of any land which shall have been settled continuously for five years previously, upon which taxes shall have been paid at any time within such five years by the person having settled the same, or any person claiming under him, shall be valid; and any title which the Commonwealth may have to such land shall be relinquished to the person in possession of the land claiming the same under such settlement and payment to the extent of the boundary line enclosing the same. But such boundary line shall not include more than 1,500 acres; and any person who has made such settlement and paid such taxes, or anyone claiming under him, may have the land surveyed, and prove the settlement and payment before the circuit court of the county where the land, or a greater part thereof, lies, whereupon such court shall order the plat and certificate of survey to be recorded. Such record shall be conclusive evidence in any controversy between the claimant thereunder and any person claiming under a location of the land made after the date of such order. This section shall relate as well to land forfeited for nonpayment of taxes, or for the failure to have the same entered on the commissioner's books, or both those causes, and to land escheated or escheatable, as to waste and unappropriated lands.</p><p>Code 1950, § 41-39; 1970, c. 291.</p>
+41.1|LAND OFFICE|||||||||||§ 41.1-9|Lost records and papers in chains of title; bill in equity to establish ownership.|<p>If any record or paper constituting a link in the chain of title to any tract or parcel of land in this Commonwealth, has been or shall be lost or destroyed, and no authenticated copy thereof can be found, it shall be lawful for the person or persons, claiming the ownership of such tract or parcel of land, to file in the circuit court of the county, or circuit court of the city, in which such land, or the greater part thereof, is situated, a bill in equity, setting forth the circumstances of such loss or destruction, and giving a history of the title and possession of such tract or parcel of land, and a full description thereof, with the names of the persons in possession of the conterminous parcels. All persons appearing to have an interest in such lands, or to be in possession thereof, or of any adjoining parcel, shall be either plaintiffs or defendants, and the proceedings to mature the cause shall be the same as in other suits in equity, except that in every case there shall be an order of publication, setting forth briefly the purpose of the proceeding and notifying all persons interested to appear and look after their interests.</p><p>Code 1950, § 41-68; 1970, c. 291.</p>
+41.1|LAND OFFICE|||||||||||§ 41.1-10|Same; order of court for survey.|<p>When the suit is ready for hearing, the court may make an order of survey, to be executed by such person as the court may appoint, requiring a complete survey and plat of the land in question to be made and returned, showing its connection with conterminous tracts, and any other circumstances necessary for its thorough identification.</p><p>Code 1950, § 41-69; 1970, c. 291.</p>
+41.1|LAND OFFICE|||||||||||§ 41.1-11|Same; when and how testimony taken.|<p>Upon the return of such survey and plat, testimony may be taken as in other suits in equity, but no notice of the taking of such testimony need be given to any defendant who has not appeared and answered the bill.</p><p>Code 1950, § 41-70; 1970, c. 291.</p>
+41.1|LAND OFFICE|||||||||||§ 41.1-12|Same; ownership certified by court; order as to costs.|<p>If, upon such survey and plat, and upon the other facts in the cause, the court shall be clearly satisfied of the ownership of the tract or parcel of land shown by such survey and plat, and that there is no controversy about such ownership, it shall certify the same of record, and shall make such order concerning the costs as may seem proper.</p><p>Code 1950, § 41-71; 1970, c. 291.</p>
+41.1|LAND OFFICE|||||||||||§ 41.1-13|Bill in equity for repeal of grant.|<p>The Commonwealth, or any other party desiring to repeal, in whole or in part, any grant of land because it was obtained by fraud, or issued contrary to law, or to the prejudice of such party's equitable right, may file a bill in equity for that purpose in the circuit court of the county, or the circuit court of the city, in which the land, or some part thereof, lies, exhibiting with the bill a certified copy of the patent, and making all proper parties.</p><p>Code 1950, § 41-75; 1970, c. 291.</p>
+41.1|LAND OFFICE|||||||||||§ 41.1-14|Nature of proceedings for repeal of grant.|<p>The proceedings thereupon shall be as in other suits in equity, and on the final hearing the court shall make such decree as law and equity may require.</p><p>Code 1950, § 41-76; 1970, c. 291.</p>
+41.1|LAND OFFICE|||||||||||§ 41.1-15|Recording decree of repeal.|<p>Any decree for such repeal, in whole or in part, shall be certified to the Librarian of Virginia, and shall thereupon be recorded by the Librarian of Virginia in the manner prescribed in &sect; <a href="/vacode/55.1-2423/">55.1-2423</a>.</p><p>Code 1950, &sect; 41-77; 1970, c. 291; 1982, c. 565; 1998, c. <a href="http://lis.virginia.gov/cgi-bin/legp604.exe?981+ful+CHAP0427">427</a>.</p>
+41.1|LAND OFFICE|||||||||||§ 41.1-16|Sale of wastelands; proceeding by citizen resident; motion and deposit for costs; parties; copy of plat.|<p>Any citizen, resident of this Commonwealth, who has reason to believe that there are waste and unappropriated lands in this Commonwealth (not being excluded under § <a href='http://law.lis.virginia.gov/vacode/41.1-3/'>41.1-3</a> from grant), shall have the right to file a proceeding in the name of the county or city seeking the sale and disposition of such land. The venue for such a proceeding shall be as specified in subdivision 3 of § <a href='http://law.lis.virginia.gov/vacode/8.01-261/'>8.01-261</a>. The proceeding shall be instituted by motion signed by the party who institutes the proceeding, or on his behalf, and shall be accompanied with a deposit to cover the costs of the proceeding but in no event to exceed $100. Each landowner adjoining the tract in question shall be made a party to the proceedings.</p><p>He shall file with the motion a copy of a plat prepared by a licensed land surveyor giving the metes and bounds of the land alleged to be waste and unappropriated. A copy of the motion and plat shall be served upon each of the landowners adjoining the tract in question.</p><p>Code 1950, § 41-84; 1952, c. 185; 1970, c. 291; 1977, c. 624; 1995, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?951+ful+CHAP0850'>850</a>.</p>
+41.1|LAND OFFICE|||||||||||§ 41.1-17|Same; time and place of hearing.|<p>Upon the docketing of the motion, the court shall set a time and place to hear the merits of the proceeding. Such hearing shall be held not less than thirty nor more than sixty days from the date upon which the same was filed.</p><p>Code 1950, § 41-85; 1952, c. 185; 1970, c. 291.</p>
+41.1|LAND OFFICE|||||||||||§ 41.1-18|Same; subsequent proceedings; disposition of proceeds of sale.|<p>Thereafter the proceedings shall conform, mutatis mutandis, to the provisions of Article 4 (§ <a href='http://law.lis.virginia.gov/vacode/58.1-3965/'>58.1-3965</a> et seq.) of Chapter 39 of Title 58.1 but on the motion of any party the sale of such land shall be public. From the proceeds of sale, after the expenses of suit and other costs incident to the sale, the person instituting the proceeding shall be reimbursed his deposit and costs expended up to the time the proceeding is docketed; but if such proceeds be insufficient to pay the expenses of suit and other costs incidental to the sale, the deficiency shall be paid by the person, county or city instituting the suit. The remainder left from the proceeds of sale after the payment of costs, expenses of suit and other expenses of sale shall be paid into the treasury of the county or city, as the case may be.</p><p>Code 1950, § 41-87; 1952, c. 185; 1970, c. 291.</p>
+41.1|LAND OFFICE|||||||||||§ 41.1-19|Same; proceedings by governing body of county or city.|<p>The governing body of the county or city in which any waste or unappropriated land lies may, without deposit of costs, initiate proceedings under this chapter to have such lands sold under the provisions hereof.</p><p>Code 1950, § 41-88; 1952, c. 185; 1970, c. 291.</p>
+41.1|LAND OFFICE|||||||||||§ 41.1-20|Same; sale extinguishes title and interest of Commonwealth.|<p>All right, title and interest of the Commonwealth, except as shown by an instrument recorded in the clerk's office of the court of the city or county in which deeds are admitted to record in which land is sold under the provisions hereof shall be extinguished by such sale.</p><p>Code 1950, § 41-89; 1952, c. 185; 1970, c. 291.</p>

Code_of_Virginia/CoVTitle_48.csv

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+48|NUISANCES|||||1|ABATING PUBLIC NUISANCES GENERALLY|||||§ 48-1|Investigation of complaint by special grand jury.|<p>When complaint is made to the circuit court of any county, or the corporation court of any city of this Commonwealth, by five or more citizens of any county, city or town, setting forth the existence of a public or common nuisance, the court, or the judge thereof in vacation, shall summon a special grand jury, in the mode provided by law, to the next term of such court, to specially investigate such complaint.</p><p>Code 1919, § 1520.</p>
+48|NUISANCES|||||1|ABATING PUBLIC NUISANCES GENERALLY|||||§ 48-2|Presentment against person causing nuisance.|<p>If upon a full investigation of the complaint mentioned in § <a href='http://law.lis.virginia.gov/vacode/48-1/'>48-1</a> the grand jury is satisfied that the nuisance complained of is of a public nature, it shall proceed to make presentment against such person or persons as they may find have created or caused such nuisance.</p><p>Code 1919, § 1520.</p>
+48|NUISANCES|||||1|ABATING PUBLIC NUISANCES GENERALLY|||||§ 48-3|Permitting continuation of nuisance; presentment against premises.|<p>If any such nuisance be upon premises the owner of which did not create or cause such nuisance, but permitted its continuation, such owner shall, for the purposes of this chapter, be deemed responsible for such nuisance, and if such owner be not a resident or citizen of this Commonwealth, or one whose residence is not known, such presentment shall be against the premises upon which such nuisance is.</p><p>Code 1919, § 1520.</p>
+48|NUISANCES|||||1|ABATING PUBLIC NUISANCES GENERALLY|||||§ 48-4|Service of copy of presentment; defense by person interested.|<p>Upon any such presentment the court shall order a copy thereof to be served upon the person or persons presented, or whose property is presented, in the manner prescribed by law as to the service of notices. To any such proceeding, if it be in rem, any person interested, or for and in behalf of the owner of such premises, may make defense.</p><p>Code 1919, § 1520.</p>
+48|NUISANCES|||||1|ABATING PUBLIC NUISANCES GENERALLY|||||§ 48-5|Fines and costs; judgment of abatement.|<p>Upon the trial of any such presentment the person or persons who have created, caused or permitted the continuation of any nuisance, if found guilty, shall be ordered to either abate said nuisance or to reimburse the locality for all costs of removal and abatement of said nuisance, if the locality has abated the nuisance pursuant to § <a href='http://law.lis.virginia.gov/vacode/15.2-900/'>15.2-900</a>, and further may be fined not more than $25,000, in addition to other remedies available under the law.</p><p>Code 1919, § 1520; 1996, cc. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?961+ful+CHAP0291'>291</a>, <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?961+ful+CHAP0808'>808</a>; 2009, cc. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?091+ful+CHAP0181'>181</a>, <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?091+ful+CHAP0551'>551</a>.</p>
+48|NUISANCES|||||1|ABATING PUBLIC NUISANCES GENERALLY|||||§ 48-6|Enforcement of judgment in rem.|<p>Every judgment in rem under this chapter shall be enforced in the same manner as an attachment levied on real estate.</p><p>Code 1919, § 1520.</p>
+48|NUISANCES|||||2|Houses of Prostitution, etc|||||§ 48-7|Houses and contents are nuisances subject to abatement.|<p>Any person who shall knowingly erect, establish, continue, maintain, use, own, occupy or lease any building, erection, place, or area used for the purpose of lewdness, assignation, prostitution, or activities of a criminal street gang, as criminal street gang is defined in § <a href='http://law.lis.virginia.gov/vacode/18.2-46.1/'>18.2-46.1</a> in the Commonwealth is guilty of a nuisance, and the building, erection, place, or area, the ground itself, in or upon which such lewdness, assignation, prostitution, or criminal street gang activity is conducted, permitted, or carried on, continued, or exists, and the furniture, fixtures, musical instruments and contents are also declared a nuisance, and shall be enjoined and abated as hereinafter provided.</p><p>Code 1919, § 1521; 2005, cc. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?051+ful+CHAP0764'>764</a>, <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?051+ful+CHAP0813'>813</a>.</p>
+48|NUISANCES|||||2|Houses of Prostitution, etc|||||§ 48-8|How nuisance enjoined.|<p>Whenever a nuisance is kept, maintained, or exists as defined in § <a href='http://law.lis.virginia.gov/vacode/48-7/'>48-7</a> the attorney for the Commonwealth or the Attorney General of the Commonwealth, or, with the exception of a suit brought against a criminal street gang as defined in § <a href='http://law.lis.virginia.gov/vacode/18.2-46.1/'>18.2-46.1</a>, any responsible citizen of the Commonwealth, may maintain a suit in equity in the name of the Commonwealth, upon the relation of such attorney for the Commonwealth, Attorney General, or citizen, to perpetually enjoin such nuisance, the person or persons conducting or maintaining the same, and the owner or agent of the building or ground upon which such nuisance exists. In such suit the court, or a judge in vacation, shall, upon the presentation of a bill therefor alleging that the nuisance complained of exists, and sworn to by two reputable citizens, allow a temporary writ of injunction, without bond, if it shall be made to appear to the satisfaction of the court or judge by evidence in the form of affidavits, depositions, oral testimony, or otherwise as the complainant may elect, that the nuisance complained of exists, unless the court or judge by previous order shall have directed the form and manner in which the evidence shall be presented. Three days' notice, in writing, shall be given the defendant of the hearing of the application, and if then continued at his instance the writ as prayed shall be granted as a matter of course. A suit brought to enjoin criminal street gang activity may be brought against the criminal street gang as defined in § <a href='http://law.lis.virginia.gov/vacode/18.2-46.1/'>18.2-46.1</a>, as an unincorporated association and in the name by which it is commonly known.</p><p>Code 1919, § 1522; 2005, cc. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?051+ful+CHAP0764'>764</a>, <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?051+ful+CHAP0813'>813</a>.</p>
+48|NUISANCES|||||2|Houses of Prostitution, etc|||||§ 48-9|When case to be tried; dismissal; substitution of complainant; costs.|<p>The suit when ready for hearing shall be tried at the first term of court, unless good cause for a continuance shall be shown, and in such suit oral evidence given in court of the general reputation of the place or criminal street gang as defined in § <a href='http://law.lis.virginia.gov/vacode/18.2-46.1/'>18.2-46.1</a> shall be admissible for the purpose of proving or tending to prove the existence of such nuisance. If the complaint is filed by a citizen it shall not be dismissed by him before final hearing, except upon a sworn statement made by the complainant and his attorney, setting forth the reasons why the action should be dismissed, and the dismissal approved by the attorney for the Commonwealth, or the Attorney General of the Commonwealth, in writing or in open court. In any case, if the court is of the opinion that the suit ought not to be dismissed, it may direct the attorney for the Commonwealth to prosecute it to judgment; and if the suit is continued more than one term of court, any citizen or the attorney for the Commonwealth may be substituted for the complaining party and prosecute such suit to judgment. If the suit is brought by a citizen, and the court finds there was no reasonable ground or cause for said suit, the costs may be taxed against such citizen.</p><p>Code 1919, § 1523; 2005, cc. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?051+ful+CHAP0764'>764</a>, <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?051+ful+CHAP0813'>813</a>.</p>
+48|NUISANCES|||||2|Houses of Prostitution, etc|||||§ 48-10|Contempt proceedings.|<p>In case of the violation of any injunction granted to restrain such nuisance, the court, or, in vacation, a judge thereof, may summarily try and punish the offender. The proceeding shall be commenced by filing with the clerk of the court an information, under oath, setting out the alleged facts constituting such violation, upon which the court or judge shall cause a warrant to issue, under which the defendant shall be arrested. The trial may be had upon affidavits, or either party may at any stage of the proceeding demand the production and oral examination of the witnesses.</p><p>Code 1919, § 1524.</p>
+48|NUISANCES|||||2|Houses of Prostitution, etc|||||§ 48-11|Punishment for contempt.|<p>A party found guilty of contempt under the provisions of § <a href='http://law.lis.virginia.gov/vacode/48-10/'>48-10</a>, shall be punished by a fine of not less than $100 nor more than $2,500, or by imprisonment in jail not less than three months nor more than six months, or in the discretion of the court by both fine and imprisonment.</p><p>Code 1919, § 1524; 1996, cc. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?961+ful+CHAP0291'>291</a>, <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?961+ful+CHAP0808'>808</a>.</p>
+48|NUISANCES|||||2|Houses of Prostitution, etc|||||§ 48-12|Order of abatement of nuisance; sale of furniture, etc.; closing of building.|<p>If the existence of the nuisance be established in such suit in equity, or in a criminal proceeding, an order of abatement shall be entered as a part of the judgment in the case, which order shall direct the removal from the building or place of all fixtures, furniture, musical instruments, or movable property used in conducting the nuisance, and shall direct the sale thereof in the manner provided for the sale of chattels under execution, and shall decree the effectual closing of the building or place against its use for any purpose, and so keeping it closed for a period of one year, unless sooner released. If any person shall break and enter or use a building, erection, or place so directed to be closed he shall be punished as for contempt, as provided in § <a href='http://law.lis.virginia.gov/vacode/48-11/'>48-11</a>.</p><p>Code 1919, § 1525.</p>
+48|NUISANCES|||||2|Houses of Prostitution, etc|||||§ 48-13|Disposition of proceeds of sale.|<p>The proceeds of the sale of the personal property, as provided in § <a href='http://law.lis.virginia.gov/vacode/48-12/'>48-12</a>, shall be applied to the payment of the costs of the suit and abatement, including such reasonable attorney fee to be decreed to the attorney for the complainant, as the court shall think just, and the balance, if any, shall be paid to the defendant.</p><p>Code 1919, § 1526.</p>
+48|NUISANCES|||||2|Houses of Prostitution, etc|||||§ 48-14|When property to be delivered to owner on giving bond.|<p>If the owner appears and pays all costs of the proceedings and files a bond, with sureties to be approved by the clerk, in the full value of the property, to be ascertained by the court, or by the judge, in vacation, conditioned that he will immediately abate such nuisance and prevent the same from being established or kept within a period of one year thereafter, the court, or, in vacation, the judge, may, if satisfied of his good faith, order the premises closed under the order of abatement to be delivered to such owner and such order of abatement cancelled so far as the same may relate to such property; and if the proceeding be a suit in equity and such bond be given, and costs therein paid before judgment and order of abatement, the suit shall be thereby abated as to such building only. But the release of the property under the provisions of this section shall not release it from judgment, lien, penalty, or liability to which it may be subject by law.</p><p>Code 1919, § 1527.</p>
+48|NUISANCES|||||2|Houses of Prostitution, etc|||||§ 48-15|Immunity to witnesses.|<p>On motion of the attorney for the Commonwealth or other attorney representing the prosecution for violation of this chapter, the court may grant immunity to any witness called to testify in behalf of the prosecution.</p><p>Code 1919, § 1528.</p>
+48|NUISANCES|||||2|Houses of Prostitution, etc|||||§ 48-16|Closure of nuisance involving illegal drug transactions.|<p>A. Upon a conviction under § <a href='/vacode/18.2-258/'>18.2-258</a> and after due notice and opportunity to be heard on the part of any owner, lessor, or a lienholder not involved in the original offense, by a proceeding similar to that in Chapter 22.1 (§ <a href='/vacode/19.2-386.1/'>19.2-386.1</a> et seq.) of Title 19.2 and upon proof of guilty knowledge, a court may order that such house, motor vehicle, aircraft, boat, vessel, or other premises, or any room or part thereof, be closed, but the court may, upon the owner or lessor giving bond in the penalty of not less than $500 and with security to be approved by the court, conditioned that the premises shall not be used for unlawful purposes, turn the same over to its owner or lessor; or proceeding may be had in equity as provided in § <a href='/vacode/48-17/'>48-17</a>.</p><p>B. The penalties provided in this section shall be in addition to any other penalty provided by law, including immediate termination of a rental agreement as provided in § <a href='/vacode/55.1-1245/'>55.1-1245</a>.</p><p>C. In a civil or in rem proceeding under the provisions of this section judgment shall not be entered against the owner, lessor, or lienholder of property unless it is proved (i) that he knew of the unlawful use of the property and (ii) that he had the right, because of such unlawful use, to enter and repossess the property.</p><p>2004, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?041+ful+CHAP0462'>462</a>.</p>
+48|NUISANCES|||||2|Houses of Prostitution, etc|||||§ 48-17|Enjoining nuisances involving illegal drug transactions.|<p>The attorney for the Commonwealth, or any citizen of the county, city, or town, where such a nuisance as is described in § <a href='http://law.lis.virginia.gov/vacode/18.2-258/'>18.2-258</a> exists, may, in addition to any other remedies and punishment, maintain a suit in equity in the name of the Commonwealth to enjoin the same. The attorney for the Commonwealth shall not be required to prosecute any suit brought by a citizen under this section. In every case where the bill charges, on the knowledge or belief of the complainant, and is sworn to by two witnesses, that a nuisance exists as described in § <a href='http://law.lis.virginia.gov/vacode/18.2-258/'>18.2-258</a>, a temporary injunction may be granted as soon as the bill is presented to the court provided reasonable notice has been given. The injunction shall enjoin and restrain any owners, tenants, their agents, employees, and any other person from contributing to or maintaining the nuisance and may impose such other requirements as the court deems appropriate. If, after a hearing, the court finds that the material allegations of the bill are true, although the premises complained of may not then be unlawfully used, it shall continue the injunction against such persons or premises for such period of time as it deems appropriate, with the right to dissolve the injunction upon a proper showing by the owner of the premises.</p><p>2004, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?041+ful+CHAP0462'>462</a>.</p>
+48|NUISANCES|||||2|Houses of Prostitution, etc|||||§ 48-17.1|Temporary injunctions against alcoholic beverage sales.|<p>A. Any locality by or through its mayor, chief executive, or attorney may petition a circuit court to temporarily enjoin the sale of alcohol at any establishment licensed by the Virginia Alcoholic Beverage Control Authority. The basis for such petition shall be the operator of the establishment has allowed it to become a meeting place for persons committing serious criminal violations of the law on or immediately adjacent to the premises so frequent and serious as to be deemed a continuing threat to public safety, as represented in an affidavit by the chief law-enforcement officer of the locality, supported by records of such criminal acts. The court shall, upon the presentation of evidence at a hearing on the matter, grant a temporary injunction, without bond, enjoining the sale of alcohol at the establishment, if it appears to the satisfaction of the court that the threat to public safety complained of exists and is likely to continue if such injunction is not granted. The court hearing on the petition shall be held within 10 days of service upon the respondent. The respondent shall be served with notice of the time and place of the hearing and copies of all documentary evidence to be relied upon by the complainant at such hearing. Any injunction issued by the court shall be dissolved in the event the court later finds that the threat to public safety that is the basis of the injunction has been abated by reason of a change of ownership, management, or business operations at the establishment, or other change in circumstance.</p><p>B. The Virginia Alcoholic Beverage Control Authority shall be given notice of any hearing under this section. In the event an injunction is granted, the Virginia Alcoholic Beverage Control Authority shall initiate an investigation into the activities at the establishment complained of and conduct an administrative hearing. After the Virginia Alcoholic Beverage Control Authority hearing and when a final determination has been issued by the Virginia Alcoholic Beverage Control Authority, regardless of disposition, any injunction issued hereunder shall be null, without further action by the complainant, respondent, or the court.</p><p>2007, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?071+ful+CHAP0456'>456</a>; 2015, cc. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?151+ful+CHAP0038'>38</a>, <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?151+ful+CHAP0730'>730</a>.</p>
+48|NUISANCES|||||2|Houses of Prostitution, etc.|||||§ 48-7|Houses and contents are nuisances subject to abatement.|<p>Any person who shall knowingly erect, establish, continue, maintain, use, own, occupy or lease any building, erection, place, or area used for the purpose of lewdness, assignation, prostitution, or activities of a criminal street gang, as criminal street gang is defined in § <a href='http://law.lis.virginia.gov/vacode/18.2-46.1/'>18.2-46.1</a> in the Commonwealth is guilty of a nuisance, and the building, erection, place, or area, the ground itself, in or upon which such lewdness, assignation, prostitution, or criminal street gang activity is conducted, permitted, or carried on, continued, or exists, and the furniture, fixtures, musical instruments and contents are also declared a nuisance, and shall be enjoined and abated as hereinafter provided.</p><p>Code 1919, § 1521; 2005, cc. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?051+ful+CHAP0764'>764</a>, <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?051+ful+CHAP0813'>813</a>.</p>
+48|NUISANCES|||||2|Houses of Prostitution, etc.|||||§ 48-8|How nuisance enjoined.|<p>Whenever a nuisance is kept, maintained, or exists as defined in § <a href='http://law.lis.virginia.gov/vacode/48-7/'>48-7</a> the attorney for the Commonwealth or the Attorney General of the Commonwealth, or, with the exception of a suit brought against a criminal street gang as defined in § <a href='http://law.lis.virginia.gov/vacode/18.2-46.1/'>18.2-46.1</a>, any responsible citizen of the Commonwealth, may maintain a suit in equity in the name of the Commonwealth, upon the relation of such attorney for the Commonwealth, Attorney General, or citizen, to perpetually enjoin such nuisance, the person or persons conducting or maintaining the same, and the owner or agent of the building or ground upon which such nuisance exists. In such suit the court, or a judge in vacation, shall, upon the presentation of a bill therefor alleging that the nuisance complained of exists, and sworn to by two reputable citizens, allow a temporary writ of injunction, without bond, if it shall be made to appear to the satisfaction of the court or judge by evidence in the form of affidavits, depositions, oral testimony, or otherwise as the complainant may elect, that the nuisance complained of exists, unless the court or judge by previous order shall have directed the form and manner in which the evidence shall be presented. Three days' notice, in writing, shall be given the defendant of the hearing of the application, and if then continued at his instance the writ as prayed shall be granted as a matter of course. A suit brought to enjoin criminal street gang activity may be brought against the criminal street gang as defined in § <a href='http://law.lis.virginia.gov/vacode/18.2-46.1/'>18.2-46.1</a>, as an unincorporated association and in the name by which it is commonly known.</p><p>Code 1919, § 1522; 2005, cc. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?051+ful+CHAP0764'>764</a>, <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?051+ful+CHAP0813'>813</a>.</p>
+48|NUISANCES|||||2|Houses of Prostitution, etc.|||||§ 48-9|When case to be tried; dismissal; substitution of complainant; costs.|<p>The suit when ready for hearing shall be tried at the first term of court, unless good cause for a continuance shall be shown, and in such suit oral evidence given in court of the general reputation of the place or criminal street gang as defined in § <a href='http://law.lis.virginia.gov/vacode/18.2-46.1/'>18.2-46.1</a> shall be admissible for the purpose of proving or tending to prove the existence of such nuisance. If the complaint is filed by a citizen it shall not be dismissed by him before final hearing, except upon a sworn statement made by the complainant and his attorney, setting forth the reasons why the action should be dismissed, and the dismissal approved by the attorney for the Commonwealth, or the Attorney General of the Commonwealth, in writing or in open court. In any case, if the court is of the opinion that the suit ought not to be dismissed, it may direct the attorney for the Commonwealth to prosecute it to judgment; and if the suit is continued more than one term of court, any citizen or the attorney for the Commonwealth may be substituted for the complaining party and prosecute such suit to judgment. If the suit is brought by a citizen, and the court finds there was no reasonable ground or cause for said suit, the costs may be taxed against such citizen.</p><p>Code 1919, § 1523; 2005, cc. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?051+ful+CHAP0764'>764</a>, <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?051+ful+CHAP0813'>813</a>.</p>
+48|NUISANCES|||||2|Houses of Prostitution, etc.|||||§ 48-10|Contempt proceedings.|<p>In case of the violation of any injunction granted to restrain such nuisance, the court, or, in vacation, a judge thereof, may summarily try and punish the offender. The proceeding shall be commenced by filing with the clerk of the court an information, under oath, setting out the alleged facts constituting such violation, upon which the court or judge shall cause a warrant to issue, under which the defendant shall be arrested. The trial may be had upon affidavits, or either party may at any stage of the proceeding demand the production and oral examination of the witnesses.</p><p>Code 1919, § 1524.</p>
+48|NUISANCES|||||2|Houses of Prostitution, etc.|||||§ 48-11|Punishment for contempt.|<p>A party found guilty of contempt under the provisions of § <a href='http://law.lis.virginia.gov/vacode/48-10/'>48-10</a>, shall be punished by a fine of not less than $100 nor more than $2,500, or by imprisonment in jail not less than three months nor more than six months, or in the discretion of the court by both fine and imprisonment.</p><p>Code 1919, § 1524; 1996, cc. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?961+ful+CHAP0291'>291</a>, <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?961+ful+CHAP0808'>808</a>.</p>
+48|NUISANCES|||||2|Houses of Prostitution, etc.|||||§ 48-12|Order of abatement of nuisance; sale of furniture, etc.; closing of building.|<p>If the existence of the nuisance be established in such suit in equity, or in a criminal proceeding, an order of abatement shall be entered as a part of the judgment in the case, which order shall direct the removal from the building or place of all fixtures, furniture, musical instruments, or movable property used in conducting the nuisance, and shall direct the sale thereof in the manner provided for the sale of chattels under execution, and shall decree the effectual closing of the building or place against its use for any purpose, and so keeping it closed for a period of one year, unless sooner released. If any person shall break and enter or use a building, erection, or place so directed to be closed he shall be punished as for contempt, as provided in § <a href='http://law.lis.virginia.gov/vacode/48-11/'>48-11</a>.</p><p>Code 1919, § 1525.</p>
+48|NUISANCES|||||2|Houses of Prostitution, etc.|||||§ 48-13|Disposition of proceeds of sale.|<p>The proceeds of the sale of the personal property, as provided in § <a href='http://law.lis.virginia.gov/vacode/48-12/'>48-12</a>, shall be applied to the payment of the costs of the suit and abatement, including such reasonable attorney fee to be decreed to the attorney for the complainant, as the court shall think just, and the balance, if any, shall be paid to the defendant.</p><p>Code 1919, § 1526.</p>
+48|NUISANCES|||||2|Houses of Prostitution, etc.|||||§ 48-14|When property to be delivered to owner on giving bond.|<p>If the owner appears and pays all costs of the proceedings and files a bond, with sureties to be approved by the clerk, in the full value of the property, to be ascertained by the court, or by the judge, in vacation, conditioned that he will immediately abate such nuisance and prevent the same from being established or kept within a period of one year thereafter, the court, or, in vacation, the judge, may, if satisfied of his good faith, order the premises closed under the order of abatement to be delivered to such owner and such order of abatement cancelled so far as the same may relate to such property; and if the proceeding be a suit in equity and such bond be given, and costs therein paid before judgment and order of abatement, the suit shall be thereby abated as to such building only. But the release of the property under the provisions of this section shall not release it from judgment, lien, penalty, or liability to which it may be subject by law.</p><p>Code 1919, § 1527.</p>
+48|NUISANCES|||||2|Houses of Prostitution, etc.|||||§ 48-15|Immunity to witnesses.|<p>On motion of the attorney for the Commonwealth or other attorney representing the prosecution for violation of this chapter, the court may grant immunity to any witness called to testify in behalf of the prosecution.</p><p>Code 1919, § 1528.</p>
+48|NUISANCES|||||2|Houses of Prostitution, etc.|||||§ 48-16|Closure of nuisance involving illegal drug transactions.|<p>A. Upon a conviction under § <a href='/vacode/18.2-258/'>18.2-258</a> and after due notice and opportunity to be heard on the part of any owner, lessor, or a lienholder not involved in the original offense, by a proceeding similar to that in Chapter 22.1 (§ <a href='/vacode/19.2-386.1/'>19.2-386.1</a> et seq.) of Title 19.2 and upon proof of guilty knowledge, a court may order that such house, motor vehicle, aircraft, boat, vessel, or other premises, or any room or part thereof, be closed, but the court may, upon the owner or lessor giving bond in the penalty of not less than $500 and with security to be approved by the court, conditioned that the premises shall not be used for unlawful purposes, turn the same over to its owner or lessor; or proceeding may be had in equity as provided in § <a href='/vacode/48-17/'>48-17</a>.</p><p>B. The penalties provided in this section shall be in addition to any other penalty provided by law, including immediate termination of a rental agreement as provided in § <a href='/vacode/55.1-1245/'>55.1-1245</a>.</p><p>C. In a civil or in rem proceeding under the provisions of this section judgment shall not be entered against the owner, lessor, or lienholder of property unless it is proved (i) that he knew of the unlawful use of the property and (ii) that he had the right, because of such unlawful use, to enter and repossess the property.</p><p>2004, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?041+ful+CHAP0462'>462</a>.</p>
+48|NUISANCES|||||2|Houses of Prostitution, etc.|||||§ 48-17|Enjoining nuisances involving illegal drug transactions.|<p>The attorney for the Commonwealth, or any citizen of the county, city, or town, where such a nuisance as is described in § <a href='http://law.lis.virginia.gov/vacode/18.2-258/'>18.2-258</a> exists, may, in addition to any other remedies and punishment, maintain a suit in equity in the name of the Commonwealth to enjoin the same. The attorney for the Commonwealth shall not be required to prosecute any suit brought by a citizen under this section. In every case where the bill charges, on the knowledge or belief of the complainant, and is sworn to by two witnesses, that a nuisance exists as described in § <a href='http://law.lis.virginia.gov/vacode/18.2-258/'>18.2-258</a>, a temporary injunction may be granted as soon as the bill is presented to the court provided reasonable notice has been given. The injunction shall enjoin and restrain any owners, tenants, their agents, employees, and any other person from contributing to or maintaining the nuisance and may impose such other requirements as the court deems appropriate. If, after a hearing, the court finds that the material allegations of the bill are true, although the premises complained of may not then be unlawfully used, it shall continue the injunction against such persons or premises for such period of time as it deems appropriate, with the right to dissolve the injunction upon a proper showing by the owner of the premises.</p><p>2004, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?041+ful+CHAP0462'>462</a>.</p>
+48|NUISANCES|||||2|Houses of Prostitution, etc.|||||§ 48-17.1|Temporary injunctions against alcoholic beverage sales.|<p>A. Any locality by or through its mayor, chief executive, or attorney may petition a circuit court to temporarily enjoin the sale of alcohol at any establishment licensed by the Virginia Alcoholic Beverage Control Authority. The basis for such petition shall be the operator of the establishment has allowed it to become a meeting place for persons committing serious criminal violations of the law on or immediately adjacent to the premises so frequent and serious as to be deemed a continuing threat to public safety, as represented in an affidavit by the chief law-enforcement officer of the locality, supported by records of such criminal acts. The court shall, upon the presentation of evidence at a hearing on the matter, grant a temporary injunction, without bond, enjoining the sale of alcohol at the establishment, if it appears to the satisfaction of the court that the threat to public safety complained of exists and is likely to continue if such injunction is not granted. The court hearing on the petition shall be held within 10 days of service upon the respondent. The respondent shall be served with notice of the time and place of the hearing and copies of all documentary evidence to be relied upon by the complainant at such hearing. Any injunction issued by the court shall be dissolved in the event the court later finds that the threat to public safety that is the basis of the injunction has been abated by reason of a change of ownership, management, or business operations at the establishment, or other change in circumstance.</p><p>B. The Virginia Alcoholic Beverage Control Authority shall be given notice of any hearing under this section. In the event an injunction is granted, the Virginia Alcoholic Beverage Control Authority shall initiate an investigation into the activities at the establishment complained of and conduct an administrative hearing. After the Virginia Alcoholic Beverage Control Authority hearing and when a final determination has been issued by the Virginia Alcoholic Beverage Control Authority, regardless of disposition, any injunction issued hereunder shall be null, without further action by the complainant, respondent, or the court.</p><p>2007, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?071+ful+CHAP0456'>456</a>; 2015, cc. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?151+ful+CHAP0038'>38</a>, <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?151+ful+CHAP0730'>730</a>.</p>

Code_of_Virginia/CoVTitle_49.csv

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+49|OATHS, AFFIRMATIONS AND BONDS|||||1|OATHS AND AFFIRMATIONS|||||§ 49-1|Form of general oath required of officers.|<p>Every person before entering upon the discharge of any function as an officer of this Commonwealth shall take and subscribe the following oath: "I do solemnly swear (or affirm) that I will support the Constitution of the United States, and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge all the duties incumbent upon me as ____________________ according to the best of my ability, (so help me God)."</p><p>Any person reappointed to any office filled by gubernatorial appointment for a subsequent term to begin immediately upon expiration of an existing term shall not be required to renew the oath set out in this section; however, the original oath taken shall continue in effect with respect to the subsequent term.</p><p>Const., § 34; Code 1919, § 269; 1936, p. 49; 1971, Ex. Sess., c. 16; 1980, c. 320; 1988, c. 255.</p>
+49|OATHS, AFFIRMATIONS AND BONDS|||||1|OATHS AND AFFIRMATIONS|||||§ 49-2|Form of oath for out-of-state commissioners.|<p>Where a person residing in another state is appointed a commissioner by the Governor, he shall only be required to take and subscribe the following oath or affirmation:</p><p>"I, ____________________, swear (or affirm) that I will faithfully perform the duties of commissioner to the best of my ability. So help me God."</p><p>Code 1919, § 272.</p>
+49|OATHS, AFFIRMATIONS AND BONDS|||||1|OATHS AND AFFIRMATIONS|||||§ 49-3|Who may administer oaths to officers.|<p>The oaths to be taken by a person elected a member of either house of the General Assembly shall be administered by the clerk or presiding officer of the houses, respectively, or a notary. Those to be taken by any judge of any court of record elected by the General Assembly shall be administered in a court of record, or by any judge, or by any officer authorized by law to administer an oath. Those to be taken by any person elected or appointed an officer of either house of the General Assembly shall be administered by the person and in the manner prescribed by the rules of such house. The oaths to be taken by a person elected or appointed to any other office or post shall, except in cases in which it may be otherwise directed by law, be administered by the clerk of a court of record, by any judge, by a Commissioner or clerk of the State Corporation Commission or by the Secretary of the Commonwealth. A magistrate or person holding a comparable position in another state may administer the oaths to be taken by a commissioner or other person residing therein.</p><p>Whenever a person required to take an oath of office is a member of the United States Armed Forces and is on active duty, or is deployed by the United States Department of Defense as a civilian, the oath set forth in § <a href='http://law.lis.virginia.gov/vacode/49-1/'>49-1</a> may be administered by a notary public.</p><p>Code 1919, § 273; 1968, c. 639; 1983, c. 228; 1986, c. 255; 1988, c. 255; 1992, c. 390; 1992, Sp. Sess., cc. 1, 2; 2008, cc. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?081+ful+CHAP0057'>57</a>, <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?081+ful+CHAP0713'>713</a>.</p>
+49|OATHS, AFFIRMATIONS AND BONDS|||||1|OATHS AND AFFIRMATIONS|||||§ 49-4|Magistrates and other officers who may administer oaths and take affidavits.|<p>Any oath or affidavit required by law, which is not of such nature that it must be made in court, may be administered by a magistrate, a notary, a commissioner in chancery, a commissioner appointed by the Governor, a judge or clerk or deputy clerk of a court, a commissioner or clerk or deputy clerk of the State Corporation Commission, or clerks of governing bodies of local governments. In case of a survey directed by a court in a cause therein pending, an oath or affidavit may be administered by or before the surveyor directed to execute the order of survey.</p><p>Code 1919, § 274; 1932, p. 339; 1968, c. 639; 1970, c. 783; 1986, c. 255.</p>
+49|OATHS, AFFIRMATIONS AND BONDS|||||1|OATHS AND AFFIRMATIONS|||||§ 49-5|Officer of another state or country may take affidavit; authentication.|<p>An affidavit may also be made before any officer of any state or country authorized by its laws to administer an oath, and shall be deemed duly authenticated if it be subscribed by such officer and there be annexed to it a certificate of the clerk or any other officer of a court of record of such state or country, under an official seal, verifying the genuineness of the signature of the first mentioned officer and his authority to administer an oath, except that when such affidavit is made before a notary public of such other state or country the same shall be deemed and taken to be duly authenticated if it be subscribed by such notary with his official seal attached without being certified to by any clerk or other officer of a court of record.</p><p>Code 1919, § 275.</p>
+49|OATHS, AFFIRMATIONS AND BONDS|||||1|OATHS AND AFFIRMATIONS|||||§ 49-6|Oath or affidavit required of purchaser of fuel, etc.|<p>Whenever the purchaser of any fuel, provisions or other thing, whether of like kind with fuel and provisions or not, is required to make oath or affidavit as to the quantity or value of such fuel, provisions or other thing then in the possession of such purchaser, or to make any other oath or affidavit in relation thereto before he is allowed to purchase the same, such oath or affidavit may be administered by the seller with like effect, and with the same penalties for false swearing, as if the same had been administered by a magistrate.</p><p>1918, p. 266; Michie Code 1942, § 275a; 2008, cc. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?081+ful+CHAP0551'>551</a>, <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?081+ful+CHAP0691'>691</a>.</p>
+49|OATHS, AFFIRMATIONS AND BONDS|||||1|OATHS AND AFFIRMATIONS|||||§ 49-7|Affidavits for corporations, partnerships, and other entities.|<p>An affidavit filed for a corporation or other entity may be made by its president, vice-president, general manager, cashier, treasurer, a director or attorney without any special authorization therefor, or by any person authorized by a majority of its stockholders, directors, partners or members to make the same.</p><p>Code 1919, § 276; 1986, c. 616.</p>
+49|OATHS, AFFIRMATIONS AND BONDS|||||1|OATHS AND AFFIRMATIONS|||||§ 49-8|Where fact of oaths having been taken is recorded.|<p>When a person elected or appointed to any office or post takes the oaths required of him in a court of record, a transcript from the record of the court, stating the fact of their having been taken, and when he takes such oaths before a judge, or other person, a certificate of the person administering the same, stating the fact of their having been taken, shall be obtained by the person taking the same, and be by him delivered for record as follows -- that is to say: When an oath is taken by the Governor, Lieutenant Governor, or any other officer of the general state government or member of any board or commission specifically mentioned in the Constitution, or by any officer or employee of the general state government or officer or member or employee of any state board, commission, division, bureau, institution or agency of whom an oath is required by law, the record shall, unless otherwise provided by law, be kept in the office of the Secretary of the Commonwealth. When an oath is taken by a judge, the record shall be in the first court in which he sits. When taken by an officer appointed by or belonging to a court, it shall be in the said court or in such other court as may be provided by law. In the case of a member or officer of either house of the General Assembly, the record shall be on the journal of the house in which he qualifies, or in such other manner as that house may prescribe by its rules. In the case of any other officer, unless it be otherwise provided, the record shall be in the court of the county or corporation in which the duties are to be discharged; or, if his duties are not to be discharged wholly in one county or corporation, then in the court of the county or corporation in which such officer resides.</p><p>Code 1919, § 277.</p>
+49|OATHS, AFFIRMATIONS AND BONDS|||||1|OATHS AND AFFIRMATIONS|||||§ 49-9|When affirmation may be made.|<p>If any person required to take an oath shall declare that he has religious scruples as to the propriety of taking it, he may make a solemn affirmation, which shall in all respects have the same effect as an oath.</p><p>Code 1919, § 278.</p>
+49|OATHS, AFFIRMATIONS AND BONDS|||||1|OATHS AND AFFIRMATIONS|||||§ 49-10|Use of Bible in administration of oaths.|<p>No officer of this Commonwealth, or any political subdivision thereof, shall, in administering an oath in pursuance of law, require or request any person taking the oath to kiss the Holy Bible, or any book or books thereof, but persons being sworn for any purpose may be required to place their hand on the Holy Bible.</p><p>Any officer violating this section shall be subject to a fine of $100.</p><p>1920, p. 54; Michie Code 1942, § 278a.</p>
+49|OATHS, AFFIRMATIONS AND BONDS|||||1|OATHS AND AFFIRMATIONS|||||§ 49-11|Failure to take oath.|<p>If any officer or person mentioned in § <a href='http://law.lis.virginia.gov/vacode/49-1/'>49-1</a> shall act in his office or function before taking such oaths as are required by law, he shall forfeit not less than $100 nor more than $1,000.</p><p>Code 1919, § 288.</p>
+49|OATHS, AFFIRMATIONS AND BONDS|||||2|BONDS TAKEN BY COURTS AND OFFICERS|||||§ 49-12|Provisions and conditions; acknowledgment and recordation; duty of clerk when taken in pending cause.|<p>Every bond required by law to be taken or approved by or given before any court, board or officer, unless otherwise provided, shall be made payable to the Commonwealth of Virginia, with surety deemed sufficient by such court, board or officer. Every such bond required of any person appointed to or undertaking any office, post or trust, and every bond required to be taken of any person by an order or decree of court, unless otherwise provided, shall be with condition for the faithful discharge by him of the duties of his office, post or trust. When such bond is required to be taken or approved by or before the Governor, a court or the clerk of a court, it shall be proved or acknowledged before the Governor or court or clerk, as the case may be, and recorded by the Secretary of the Commonwealth in the first case, or by the clerk of the court in the other cases. When the bond is taken under an order or decree in a pending cause a certified copy thereof shall be filed in the cause by the clerk and charged as costs therein, and upon his failure to file such copy, he shall be fined ten dollars. Every such bond shall contain, as to the respective obligors, such a waiver as is provided for in § <a href='http://law.lis.virginia.gov/vacode/34-22/'>34-22</a>. In any such bond the liability of the surety or sureties may be limited to such sum or sums as they may respectively require.</p><p>Code 1919, § 279.</p>
+49|OATHS, AFFIRMATIONS AND BONDS|||||2|BONDS TAKEN BY COURTS AND OFFICERS|||||§ 49-13|How new or additional bonds required and given; failure to give.|<p>The proper court, whenever, in its opinion, it may be necessary for the protection of the public interests, may order any officer, of whom a bond is required by law, to give a new bond, or a bond in addition to one already given, within such time, not less than ten nor more than thirty days, as the court may prescribe; but the officer shall be served with a copy of a summons or rule, at least ten days before the order is made, citing him to appear and show cause against the same. The summons or rule shall be awarded whenever the court deems it proper, or on application to the court by the attorney for the Commonwealth, or, if the application is to the Supreme Court or the Court of Appeals, by the Attorney General. Such order shall be made by the circuit court of the county or city, if such officer is an officer of such county or city or any district thereof or by the Supreme Court or Court of Appeals, if he is a clerk of either court. Any new bond or additional bond given before the Supreme Court or the Court of Appeals shall be certified and transmitted to the clerk, to whom the original bond is required to be delivered, to be recorded by him. The bond may be given before the court requiring it or the judge thereof in vacation, or, if the court is the Supreme Court or the Court of Appeals, before either court or any three of the judges thereof in vacation; and when the bond is given in vacation, it shall be certified and returned by the judge or judges, before whom it is given, to the clerk of the proper court, who shall file and record the same in his office. If any officer fail or refuse to give the bond so required of him within the time prescribed, his office shall be deemed vacant.</p><p>Code 1919, c. 280; 1984, c. 703; 2002, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?021+ful+CHAP0858'>858</a>.</p>
+49|OATHS, AFFIRMATIONS AND BONDS|||||2|BONDS TAKEN BY COURTS AND OFFICERS|||||§ 49-14|Effect of giving new or additional bond.|<p>When it is provided by any section of this Code, or shall be provided by any subsequent statute, that any new bond, or bond in addition to one already given, may be required to be given by any officer, fiduciary or any other person, if such new bond, when required, be given and accepted, the sureties in the former bond and their estates shall, except in cases where it is otherwise expressly provided, be discharged from all liability for any breach of duty committed by their principal after such new bond is so given and accepted. If such additional bond, when required, be given and accepted, the former bond shall continue in force and have the same effect in all respects as if such additional bond had not been required, given and accepted, except that in such case the sureties in the additional bond shall be jointly liable with the sureties in the former bond for any breach of duty committed by their principal after such additional bond was so given and accepted.</p><p>Code 1919, § 281.</p>
+49|OATHS, AFFIRMATIONS AND BONDS|||||2|BONDS TAKEN BY COURTS AND OFFICERS|||||§ 49-15|Surety companies may be accepted as sureties on bonds; rights and liabilities.|<p>Any company with a paid-up cash capital of not less than $250,000, incorporated and organized under the laws of any state of the United States or foreign country, for the purpose of transacting business as surety on obligations of persons or corporations, and which has complied with all the requirements of law regulating the admission of such companies to transact business in this Commonwealth, shall, upon production of evidence of solvency and credit satisfactory to the court or judge or other officer authorized to approve such bond, be accepted as surety upon the bond of any person or corporation required by the laws of this Commonwealth, or by any court, judge or other public officer or board or organization, to execute a bond with surety or sureties. If such surety company shall furnish satisfactory evidence of its ability to provide all the security required as aforesaid, no additional surety shall be exacted. Such surety shall be released from its liability on the same terms and conditions as are by law prescribed for the release of individuals, and shall have all the rights, remedies and reliefs of an individual guarantor, indemnitor or surety, and be subject to all the liabilities thereof.</p><p>Code 1919, § 282.</p>
+49|OATHS, AFFIRMATIONS AND BONDS|||||2|BONDS TAKEN BY COURTS AND OFFICERS|||||§ 49-16|Allowance of expense of procuring corporate surety.|<p>Any court, judge or other officer whose duty it is to pass upon the account of any person or corporation required to execute a bond with surety or sureties, as hereinbefore provided, shall, whenever any such person or corporation has given any such surety company as surety upon such bond, allow in the settlement of such account a reasonable sum for the expense of securing such surety; but this allowance shall not be made to any state, county, or municipal officer.</p><p>Code 1919, § 283.</p>
+49|OATHS, AFFIRMATIONS AND BONDS|||||2|BONDS TAKEN BY COURTS AND OFFICERS|||||§ 49-17|Surety company estopped to deny power to execute instrument or assume liability.|<p>Any such company which shall execute any bond as surety under the provisions of this chapter shall be estopped, in any proceedings to enforce the liability which it shall have assumed to incur, to deny its corporate power to execute such instrument or assume such liability.</p><p>Code 1919, § 284.</p>
+49|OATHS, AFFIRMATIONS AND BONDS|||||2|BONDS TAKEN BY COURTS AND OFFICERS|||||§ 49-18|Agent or attorney of surety company signing without seal.|<p>If any company organized and incorporated under the laws of this Commonwealth, or of any other state in the United States, or of any foreign country, for the purpose of transacting business as surety on obligations for persons, after having complied with the requirements of law regulating the admission of such companies in this Commonwealth, shall give any power of attorney, general or special, under its regular corporate seal, to any agent or attorney in fact to sign its corporate name as surety to any obligation, official or otherwise, required by the laws of this Commonwealth, or by any judge, court or other public officer, organization or board, and such power of attorney shall state that such signing by such agent or attorney in fact without the seal of such corporation shall have the same force and effect as if the corporate seal of such corporation was affixed to such obligations, then any and all such obligations, so signed by such agent or attorney in fact without the seal of such corporation, whether the agent or attorney in fact has used a scroll by way of seal or not, or whether the word "seal" is used in the body of the instrument or not, shall, for all purposes, have the same force and effect, and be as binding in all respects upon such corporation, as if the seal of such corporation had been duly and regularly affixed thereto.</p><p>Code 1919, § 285.</p>
+49|OATHS, AFFIRMATIONS AND BONDS|||||2|BONDS TAKEN BY COURTS AND OFFICERS|||||§ 49-18.1|Seal not required.|<p>In any instance in which the provisions of this Code require a bond with surety, neither a seal nor a facsimile of a seal shall be required for the validity thereof.</p><p>1979, c. 211.</p>
+49|OATHS, AFFIRMATIONS AND BONDS|||||2|BONDS TAKEN BY COURTS AND OFFICERS|||||§ 49-19|Remedy on bonds.|<p>Suits, or motions as provided by § <a href='http://law.lis.virginia.gov/vacode/8.01-227/'>8.01-227</a>, may be prosecuted from time to time upon any bond mentioned in §§ <a href='http://law.lis.virginia.gov/vacode/49-12/'>49-12</a> and <a href='http://law.lis.virginia.gov/vacode/49-13/'>49-13</a>, in the name of the Commonwealth, for the benefit of the Commonwealth, a county or any persons injured by any breach of the condition of such bond, as often as any such breach may be alleged, until damages shall be recovered for such breaches equal to the penalty of the bond.</p><p>Code 1919, § 286.</p>
+49|OATHS, AFFIRMATIONS AND BONDS|||||2|BONDS TAKEN BY COURTS AND OFFICERS|||||§ 49-20|How bonds given in civil suits made payable.|<p>Any bond required by law to be given upon an injunction, appeal, writ of error, supersedeas or other proceeding in a civil suit may be payable to the party entitled to the benefit thereof, notwithstanding anything contained in § <a href='http://law.lis.virginia.gov/vacode/49-12/'>49-12</a>.</p><p>Code 1919, § 287.</p>
+49|OATHS, AFFIRMATIONS AND BONDS|||||2|BONDS TAKEN BY COURTS AND OFFICERS|||||§ 49-21|Failure to give bond.|<p>If any officer or person mentioned in § <a href='http://law.lis.virginia.gov/vacode/49-12/'>49-12</a> shall act in his office, post or trust before giving such bonds as are required by law, he shall forfeit not less than $100 nor more than $1,000.</p><p>Code 1919, § 288.</p>
+49|OATHS, AFFIRMATIONS AND BONDS|||||3|RELIEF OF SURETIES|||||§ 49-22|Sureties on official bonds.|<p>When the surety, or his committee or personal representative, of any officer, or commissioner or receiver under decree of a court, required to give bond shall petition the court by which the bond is taken, or in which, or in the clerk's office of which, it is recorded, or the circuit court of the county or city, in which, where the bond of such officer is not taken by or filed in any court or clerk's office, the officer resides, to be relieved from the suretyship, such court shall, on proof of reasonable notice of his intended motion, require such officer, commissioner or receiver to give a new bond in the same manner as if none had been given by him. The surety in any bond required to be approved by the Governor shall file his petition in the Circuit Court of the City of Richmond, and the surety in the bond of any clerk of the Supreme Court or the Court of Appeals shall file his petition in the court for which his principal is the clerk.</p><p>Code 1919, § 5771; 1984, c. 703.</p>
+49|OATHS, AFFIRMATIONS AND BONDS|||||3|RELIEF OF SURETIES|||||§ 49-23|Surety on bond given under decree of court for payment of money.|<p>A surety, or his committee, or personal representative, in a bond, other than the bond of a commissioner or receiver, given under a decree or order of a court for the payment of money, if no suit be pending for the recovery thereof, may file his petition in the court which rendered or made the decree or order, or to which the case has been removed, for a bond of indemnity. The petition shall state that the petitioner has reason to believe that he, or the estate he represents, is likely to suffer pecuniary loss in consequence of such suretyship and the grounds of such belief and shall be verified by affidavit. Upon the filing of the petition and proof of reasonable notice to the principal in the bond and all the parties in interest, the court may require such indemnifying bond, with satisfactory sureties, to be given within a time to be prescribed. If such bond be given, it shall be with condition and shall bind the obligors therein to indemnify the sureties in the former bond against all loss or damage in consequence of such former bond. If such bond be not given, the court, on the request of such surety, personal representative or committee, if the money be due and payable, or whenever the same becomes due and payable, shall order suit to be brought for its recovery and prosecuted to judgment and by execution.</p><p>Code 1919, § 5776.</p>
+49|OATHS, AFFIRMATIONS AND BONDS|||||3|RELIEF OF SURETIES|||||§ 49-24|Failure of officer to give new bond.|<p>If any such officer, commissioner or receiver, being so required, shall fail to give a new bond, as provided in § <a href='http://law.lis.virginia.gov/vacode/49-22/'>49-22</a>, within the time required by the court, he shall be deemed to be guilty of a breach of duty, and shall be forthwith removed from his office or trust.</p><p>Code 1919, § 5773.</p>
+49|OATHS, AFFIRMATIONS AND BONDS|||||3|RELIEF OF SURETIES|||||§ 49-25|Surety may require creditor to sue.|<p>The surety, guarantor or endorser, or his committee or personal representative, of any person bound by any contract may, if a right of action has accrued thereon, require the creditor or his committee or personal representative, by notice in writing, to institute suit thereon, and if he be bound in a bond with a condition, or for the performance of some collateral undertaking, he shall also specify in such requirement the breach of the condition or undertaking for which he requires suit to be brought. Such written notice shall also notify the creditor, his committee or personal representative, that failure to act will result in the loss of the surety, guarantor or endorser, his committee or personal representative as security for the debt in accordance with § <a href='http://law.lis.virginia.gov/vacode/49-26/'>49-26</a>.</p><p>Code 1919, § 5774; 1979, c. 664.</p>
+49|OATHS, AFFIRMATIONS AND BONDS|||||3|RELIEF OF SURETIES|||||§ 49-26|Effect of failure of creditor to sue.|<p>If such creditor, or his committee or personal representative, shall not, within thirty days after such requirement, institute suit against every party to such contract who is resident in this Commonwealth and not insolvent and prosecute the same with due diligence to judgment and by execution, he shall forfeit his right to demand of such surety, guarantor or endorser or his estate, and of his cosureties and their estates, the money due by any such contract for the payment of money, or the damages sustained by any breach of the collateral condition or undertaking specified as aforesaid; but the conditions, rights and remedies against the principal debtor shall remain unimpaired thereby.</p><p>Code 1919, § 5775; 1979, c. 664.</p>
+49|OATHS, AFFIRMATIONS AND BONDS|||||3|RELIEF OF SURETIES|||||§ 49-27|Surety's remedy against principal for money paid.|<p>If any person liable as bail, surety, guarantor or endorser, or any sheriff liable for not taking sufficient bail, or the committee, heir or personal representative of any so liable, pay, in whole or in part, such note, bond or other demand, or any judgment, decree or execution rendered or awarded on account of such liability, the person having a right of action for the amount so paid may, by motion in the court in which the judgment, decree or execution was rendered or awarded, obtain a judgment or decree against any person against whom such right of action exists for the amount so paid, with interest from the time of payment, and five per centum damages on such amount. The person so paying, in whole or in part, any such judgment, decree or execution rendered or awarded on account of such liability, or any such note, bond or other demand, shall, by operation of law, in addition to the remedy above provided, be substituted to and become the owner of all of the rights and remedies of the creditor for the enforcement and collection of the amount or amounts so paid, and shall be deemed the assignee thereof. Executions, or other legal process to which the principal creditor was entitled, may be issued on any such judgment or decree in the name of the original creditor against the person primarily liable for the benefit of the person secondarily liable to the extent to which he has satisfied the original creditor.</p><p>But nothing in this section shall be construed to impair or affect in any way the security of the original creditor, or his rights and remedies as to any balance which may be due him. The provisions of this section are cumulative and are intended to protect the rights of any person secondarily liable to the extent to which he has satisfied the obligation of the person primarily liable. All assignments heretofore made of judgments and decrees to persons secondarily liable are hereby validated, and upon the same executions may be issued as hereinbefore provided.</p><p>Code 1919, § 5777; 1926, p. 854.</p>
+49|OATHS, AFFIRMATIONS AND BONDS|||||3|RELIEF OF SURETIES|||||§ 49-28|Confession of judgment by surety or failure to notify principal to defend.|<p>If any such surety, other than bail, or his committee, heir or personal representative, confess judgment, or suffer judgment to go against him by default, without giving notice to his principal, if he be a resident of the Commonwealth, or his committee or personal representative, to defend the suit, and after such principal offers to defend the suit, and tenders counter security, approved by the court in which the suit is pending, the principal, or his committee, heirs or representative, may have the benefit of every defense against the motion or suit of such surety, or his committee, representative or heirs, against him that he might have had against the creditor.</p><p>Code 1919, § 5778.</p>
+49|OATHS, AFFIRMATIONS AND BONDS|||||3|RELIEF OF SURETIES|||||§ 49-29|Failure of principal to offer to defend suit against surety.|<p>In all cases in which any principal debtor, or his committee, representative or heirs, knowing of the pendency of any suit against his surety, or the committee, heir or personal representative of such surety, shall not offer to defend such suit, he shall be precluded from making any defense to the claim of the surety which he might have made against the suit of the creditor.</p><p>Code 1919, § 5778.</p>

Code_of_Virginia/CoVTitle_61.1.csv

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+61.1|WAREHOUSES, COLD STORAGE AND REFRIGERATED LOCKER PLANTS|||||1|WAREHOUSE RECEIPTS|||||§ 61.1-1|Issue of receipt for goods not received.|<p>A warehouseman, or any officer, agent or servant of a warehouseman, who issues or aids in issuing a receipt knowing that the goods for which such receipt is issued have not been actually received by such warehouseman, or are not under his actual control at the time of issuing such receipt, shall be guilty of a misdemeanor, and shall be punished as provided in § <a href='http://law.lis.virginia.gov/vacode/18.2-12/'>18.2-12</a>.</p><p>Code 1950, § 61-53; 1968, c. 69.</p>
+61.1|WAREHOUSES, COLD STORAGE AND REFRIGERATED LOCKER PLANTS|||||1|WAREHOUSE RECEIPTS|||||§ 61.1-2|Issue of receipt containing false statement.|<p>A warehouseman, or any officer, agent or servant of a warehouseman, who fraudulently issues or aids in fraudulently issuing a receipt for goods knowing that it contains any false statement, shall be guilty of a misdemeanor, and shall be punished as provided in § <a href='http://law.lis.virginia.gov/vacode/18.2-12/'>18.2-12</a>.</p><p>Code 1950, § 61-54; 1968, c. 69.</p>
+61.1|WAREHOUSES, COLD STORAGE AND REFRIGERATED LOCKER PLANTS|||||1|WAREHOUSE RECEIPTS|||||§ 61.1-3|Issue of duplicate receipts not so marked.|<p>A warehouseman, or any officer, agent or servant of a warehouseman, who issues or aids in issuing a duplicate or additional negotiable receipt for goods, knowing that a former negotiable receipt for the same goods or any part of them is outstanding and uncanceled, without plainly placing upon the face thereof the word "Duplicate," except as otherwise provided by law, shall be guilty of a misdemeanor.</p><p>Code 1950, § 61-55; 1968, c. 69.</p>
+61.1|WAREHOUSES, COLD STORAGE AND REFRIGERATED LOCKER PLANTS|||||1|WAREHOUSE RECEIPTS|||||§ 61.1-4|Failure to state in receipt warehouseman's interest in goods.|<p>Where there are deposited with or held by a warehouseman goods of which he is the owner, either solely or jointly in common with others, such warehouseman, or any of his officers, agents or servants, who knowing this ownership, issues or aids in issuing a negotiable receipt for such goods which does not state such ownership, shall be guilty of a misdemeanor, and upon conviction shall be punished as provided for misdemeanors generally in § <a href='http://law.lis.virginia.gov/vacode/18.2-12/'>18.2-12</a>.</p><p>Code 1950, § 61-56; 1968, c. 69.</p>
+61.1|WAREHOUSES, COLD STORAGE AND REFRIGERATED LOCKER PLANTS|||||1|WAREHOUSE RECEIPTS|||||§ 61.1-5|Delivery of goods without obtaining negotiable receipt.|<p>A warehouseman, or any officer, agent or servant of a warehouseman, who delivers goods out of the possession of such warehouseman, knowing that a negotiable receipt the negotiation of which would transfer the right to the possession of such goods is outstanding and uncanceled, without obtaining the possession of such receipt at or before the time of such delivery, shall, except as otherwise provided by law, be guilty of a misdemeanor, and upon conviction shall be punished as provided in § <a href='http://law.lis.virginia.gov/vacode/18.2-12/'>18.2-12</a>.</p><p>Code 1950, § 61-57; 1968, c. 69.</p>
+61.1|WAREHOUSES, COLD STORAGE AND REFRIGERATED LOCKER PLANTS|||||1|WAREHOUSE RECEIPTS|||||§ 61.1-6|Fraudulent negotiation of receipt for mortgaged goods.|<p>Any person who deposits goods to which he has not title, upon which there is a lien or security interest, and who takes for such goods a negotiable receipt which he afterwards negotiates for value with intent to deceive, and without disclosing his want of title or the existence of the lien or security interest, shall be guilty of a misdemeanor, and upon conviction shall be punished as provided in § <a href='http://law.lis.virginia.gov/vacode/18.2-12/'>18.2-12</a>.</p><p>Code 1950, § 61-58; 1968, c. 69.</p>
+61.1|WAREHOUSES, COLD STORAGE AND REFRIGERATED LOCKER PLANTS|||||2|COLD-STORAGE WAREHOUSES [Repealed]|||||§§ 61.1-7 through 61.1-21|Repealed.|<p>Repealed by Acts 1988, c. 149.</p>
+61.1|WAREHOUSES, COLD STORAGE AND REFRIGERATED LOCKER PLANTS|||||3|REFRIGERATED LOCKER PLANTS [Repealed]|||||§§ 61.1-22 through 61.1-37|Repealed.|<p>Repealed by Acts 1972, c. 447.</p>
+61.1|WAREHOUSES, COLD STORAGE AND REFRIGERATED LOCKER PLANTS|||||4|TOBACCO WAREHOUSES AND REGULATIONS IN GENERAL|||||§ 61.1-38|Establishment and discontinuance of warehouses.|<p>Tobacco warehouses, which were public warehouses on the day before this Code takes effect, shall continue to be such; and the several circuit and corporation courts may hereafter authorize the erection of tobacco warehouses, or may establish the same, as public warehouses within their respective counties and cities; which warehouses shall be constructed, or shall have been constructed, so as to keep safely, and guard against fire and weather, as far as practicable, all tobacco stored therein, and shall be kept in good repair and at all times, Sunday excepted, be open for receiving, storing, selling and delivering tobacco; but the owner of any such warehouse shall have the right to discontinue the same as a public warehouse, after having published a notice of his intention to do so once a week for four successive weeks in some newspaper published in the county or city, wherein such warehouse is situated, or if no newspaper be published therein, after having posted such notice at the front door of the courthouse of such county or city for four successive weeks.</p><p>Code 1950, § 61-95; 1968, c. 69.</p>
+61.1|WAREHOUSES, COLD STORAGE AND REFRIGERATED LOCKER PLANTS|||||4|TOBACCO WAREHOUSES AND REGULATIONS IN GENERAL|||||§ 61.1-39|Weighing leaf tobacco; itemized statements furnished seller.|<p>The proprietor of each and every warehouse shall render to each seller of tobacco at his warehouse a bill plainly stating the amount charged for weighing and handling, the amount charged for auction fees, and the commission charged on such sale, or any other charges made for selling and handling such tobacco.</p><p>Any person violating the provisions of this section shall be guilty of a misdemeanor and shall be punished as provided in § <a href='http://law.lis.virginia.gov/vacode/18.2-12/'>18.2-12</a>.</p><p>Code 1950, § 61-108; 1968, c. 69.</p>
+61.1|WAREHOUSES, COLD STORAGE AND REFRIGERATED LOCKER PLANTS|||||4|TOBACCO WAREHOUSES AND REGULATIONS IN GENERAL|||||§ 61.1-40|Accounts of warehouse sales required.|<p>The proprietor of each and every leaf tobacco warehouse doing business in this Commonwealth shall keep a correct account of the number of pounds of leaf tobacco sold upon the floor of his warehouse daily.</p><p>Code 1950, § 61-109; 1968, c. 69.</p>
+61.1|WAREHOUSES, COLD STORAGE AND REFRIGERATED LOCKER PLANTS|||||4|TOBACCO WAREHOUSES AND REGULATIONS IN GENERAL|||||§ 61.1-41|Monthly reports to Commissioner; results classified.|<p>On or before the tenth day of each succeeding month the warehouse proprietors shall make a statement, under oath, of all the tobacco so sold upon the floor of his warehouse during the past month and shall transmit the statement, at once, to the Commissioner of Agriculture and Consumer Services. The reports so made shall be so arranged and classified as to show the number of pounds of tobacco sold for the producers of tobacco from first hand; the number of pounds sold for dealers and the number of pounds resold by the proprietor of the warehouse for his own account or for the account of some other warehouse.</p><p>Code 1950, § 61-110; 1968, c. 69.</p>
+61.1|WAREHOUSES, COLD STORAGE AND REFRIGERATED LOCKER PLANTS|||||4|TOBACCO WAREHOUSES AND REGULATIONS IN GENERAL|||||§ 61.1-42|Commissioner to keep record and publish in bulletin.|<p>The Commissioner of Agriculture and Consumer Services shall cause such statement to be accurately copied into a book to be kept for this purpose and shall keep separate and apart the statements returned to him from each leaf tobacco market in the Commonwealth, so as to show the number of pounds of tobacco sold by each market for the sale of leaf tobacco; the number of pounds sold by producers, and the number of pounds resold upon each market. The Commissioner shall keep such books open to the inspection of the public, and shall, on or before the twentieth day of each month, after the receipt of the reports above required to be made to him on or before the tenth day of each month, cause the reports to be published in the bulletin issued by the Department of Agriculture and Consumer Services, and in one or more journals published in the interest of the growth, sale, and manufacture of tobacco in the Commonwealth, or having a large circulation therein.</p><p>Code 1950, § 61-111; 1968, c. 69.</p>
+61.1|WAREHOUSES, COLD STORAGE AND REFRIGERATED LOCKER PLANTS|||||4|TOBACCO WAREHOUSES AND REGULATIONS IN GENERAL|||||§ 61.1-43|Penalty for failure to report sales.|<p>Any warehouse failing to make the report as required by § <a href='http://law.lis.virginia.gov/vacode/61.1-40/'>61.1-40</a> shall be subject to a penalty of twenty-five dollars and the costs in the case, to be recovered by any person suing for same.</p><p>Code 1950, § 61-112; 1968, c. 69.</p>
+61.1|WAREHOUSES, COLD STORAGE AND REFRIGERATED LOCKER PLANTS|||||4|TOBACCO WAREHOUSES AND REGULATIONS IN GENERAL|||||§ 61.1-44|Manufactured tobacco; false branding.|<p>If any person use, or permit to be used, on any cask, box or keg of manufactured tobacco, any brand or mark indicating a place or a manufacturer different from the place in which, or the manufacturer by whom, it was really manufactured, he shall be guilty of a misdemeanor and shall be punished as provided in § <a href='http://law.lis.virginia.gov/vacode/18.2-12/'>18.2-12</a>.</p><p>None of the provisions of this chapter, other than this section, shall be construed to apply to manufactured tobacco.</p><p>Code 1950, § 61-136; 1968, c. 69.</p>
+61.1|WAREHOUSES, COLD STORAGE AND REFRIGERATED LOCKER PLANTS|||||4|TOBACCO WAREHOUSES AND REGULATIONS IN GENERAL|||||§ 61.1-45|Nesting punished.|<p>If any person nest a basket or parcel of tobacco with inferior tobacco, or other things, with intent to defraud the purchaser, he shall be guilty of a misdemeanor and shall be punished as provided in § <a href='http://law.lis.virginia.gov/vacode/18.2-12/'>18.2-12</a>.</p><p>Code 1950, § 61-137; 1968, c. 69.</p>
+61.1|WAREHOUSES, COLD STORAGE AND REFRIGERATED LOCKER PLANTS|||||4|TOBACCO WAREHOUSES AND REGULATIONS IN GENERAL|||||§ 61.1-46|Publication of insurance.|<p>Every proprietor of a public tobacco warehouse shall keep posted in some conspicuous place upon the premises, a statement showing the amount of insurance he has on such warehouse, the companies in which the insurance has been effected, and the length of time the policies have to run.</p><p>Code 1950, § 61-141; 1968, c. 69.</p>
+61.1|WAREHOUSES, COLD STORAGE AND REFRIGERATED LOCKER PLANTS|||||4|TOBACCO WAREHOUSES AND REGULATIONS IN GENERAL|||||§ 61.1-46.1|Maximum charges for tobacco auction warehouse services.|<p>Notwithstanding any other provisions of law to the contrary, on and after July 1, 1970, no tobacco auction warehouse shall charge the grower for services rendered in the sale and handling of flue-cured tobacco any amount or sum in excess of the following:</p><p>(a) Warehouse charges: ten cents per 100 pounds or fraction thereof;</p><p>(b) Auction fee: twenty-five cents per basket and commission of 2 1/2 percent of the gross amount of each sale.</p><p>1970, c. 140.</p>
+61.1|WAREHOUSES, COLD STORAGE AND REFRIGERATED LOCKER PLANTS|||||5|PREVENTION OF FRAUDS IN SALE OF LEAF TOBACCO|||||§ 61.1-47|Person making delivery must impart true name of owner; record of purchase or delivery.|<p>Every person who shall deliver any leaf tobacco to a warehouseman or to a cooperative marketing association for sale, offer for sale or display for sale thereof, shall impart to such warehouseman or cooperative marketing association, the true name of the owner of such leaf tobacco; and it shall be the duty of such warehouseman or cooperative marketing association to keep a record of such purchase or delivery showing the quantity of leaf tobacco so delivered, and the name of the owner thereof, given as provided herein.</p><p>Code 1950, § 61-146; 1968, c. 69.</p>
+61.1|WAREHOUSES, COLD STORAGE AND REFRIGERATED LOCKER PLANTS|||||5|PREVENTION OF FRAUDS IN SALE OF LEAF TOBACCO|||||§ 61.1-48|Record and information required where tobacco delivered by person other than grower or landlord; exception.|<p>Where leaf tobacco is delivered to a warehouseman or cooperative marketing association for sale, offer for sale or display for sale, by a person other than the grower thereof, or the landlord of the land upon which the tobacco was grown, it shall be the duty of a warehouseman or cooperative marketing association to keep a record showing the facts required in § <a href='http://law.lis.virginia.gov/vacode/61.1-47/'>61.1-47</a>; and in addition thereto if possible the name of the person from whom the person delivering the tobacco obtained the same, and the name of the original grower thereof, and the name of the landlord upon whose land the tobacco was grown, if the same was grown by a tenant. And such person, other than the grower or landlord, shall impart to the warehouseman or cooperative marketing association the true name of the person from whom he obtained the tobacco, and the name of the grower thereof and the landlord. Provided, however, that this section shall not apply to licensed leaf tobacco dealers offering for resale tobacco once sold upon the warehouse floor, and with respect to which the provisions of this chapter have previously been complied with.</p><p>Code 1950, § 61-147; 1968, c. 69.</p>
+61.1|WAREHOUSES, COLD STORAGE AND REFRIGERATED LOCKER PLANTS|||||5|PREVENTION OF FRAUDS IN SALE OF LEAF TOBACCO|||||§ 61.1-49|Ticket or card to be placed upon tobacco.|<p>Such warehouseman or cooperative marketing association shall also place upon all leaf tobacco delivered to him or to it for sale, offer for sale, or display for sale, a ticket or card which shall state the matters and things required to be recorded by the warehouseman or cooperative marketing association by §§ <a href='http://law.lis.virginia.gov/vacode/61.1-47/'>61.1-47</a> and <a href='http://law.lis.virginia.gov/vacode/61.1-48/'>61.1-48</a>.</p><p>Code 1950, § 61-148; 1968, c. 69.</p>
+61.1|WAREHOUSES, COLD STORAGE AND REFRIGERATED LOCKER PLANTS|||||5|PREVENTION OF FRAUDS IN SALE OF LEAF TOBACCO|||||§ 61.1-50|Tickets or cards open to inspection for ten days after delivery of tobacco.|<p>All cards or tickets kept, prepared or placed upon tobacco as required herein, shall, for the period of ten days after the delivery of such tobacco, be open to the inspection of the representative of any public tobacco warehouse, or tobacco growers cooperative association, during regular business hours and such representative shall have access to the place where such cards or tickets are kept for the purpose of such inspection.</p><p>Code 1950, § 61-149; 1968, c. 69.</p>
+61.1|WAREHOUSES, COLD STORAGE AND REFRIGERATED LOCKER PLANTS|||||5|PREVENTION OF FRAUDS IN SALE OF LEAF TOBACCO|||||§ 61.1-51|Violations constituting misdemeanors.|<p>Any person who shall give a fictitious or false name to the warehouseman or cooperative marketing association hereinbefore referred to, or who shall fail to give to such warehouseman or cooperative marketing association the true name of the owner of such leaf tobacco or the person from whom the tobacco was obtained, or the grower and the landlord, upon delivering the same as aforesaid, shall be guilty of a misdemeanor. Any warehouseman or cooperative marketing association who shall fail to comply with any of the provisions of this chapter, or who shall deny to any such representative the privilege of inspection or access as provided in § <a href='http://law.lis.virginia.gov/vacode/61.1-50/'>61.1-50</a>, shall be guilty of a misdemeanor. Any warehouseman or cooperative marketing association who shall buy or sell leaf tobacco as above set forth, knowing that the name in which the tobacco is sold, or any name given pursuant to the provisions hereof, is false or fictitious, shall be guilty of a misdemeanor.</p><p>Code 1950, § 61-150; 1968, c. 69.</p>
+61.1|WAREHOUSES, COLD STORAGE AND REFRIGERATED LOCKER PLANTS|||||5|PREVENTION OF FRAUDS IN SALE OF LEAF TOBACCO|||||§ 61.1-52|Punishment for misdemeanor.|<p>Any person guilty of a misdemeanor under the provisions of this chapter shall be punished as provided in § <a href='http://law.lis.virginia.gov/vacode/18.2-12/'>18.2-12</a>.</p><p>Code 1950, § 61-151; 1968, c. 69.</p>
+61.1|WAREHOUSES, COLD STORAGE AND REFRIGERATED LOCKER PLANTS|||||5|PREVENTION OF FRAUDS IN SALE OF LEAF TOBACCO|||||§ 61.1-53|"Warehouseman" defined.|<p>The term "warehouseman" as used in this chapter means any person, firm or corporation engaged in the business of selling leaf tobacco at auction, for a commission or for any other consideration.</p><p>Code 1950, § 61-152; 1968, c. 69.</p>
+61.1|WAREHOUSES, COLD STORAGE AND REFRIGERATED LOCKER PLANTS|||||5|PREVENTION OF FRAUDS IN SALE OF LEAF TOBACCO|||||§ 61.1-54|Purpose of chapter.|<p>The purpose of this chapter is to prevent frauds in the handling and sale of leaf tobacco.</p><p>Code 1950, § 61-153; 1968, c. 69.</p>
+61.1|WAREHOUSES, COLD STORAGE AND REFRIGERATED LOCKER PLANTS|||||6|FEES FOR SALE OF BURLEY TOBACCO|||||§ 61.1-55|Commission and basket charge.|<p>No person, firm, association, corporation, partnership, copartnership or other legal entity, who or which operates any warehouse in which burley tobacco is sold at public auction, shall charge or receive any commission in excess of four percent of the sales price of such tobacco, nor shall any basket charge be in excess of twenty-five cents per basket, which commission and basket charge shall constitute the entire amount charged by the warehouse operator in connection with such sale; provided, however, that on or before the opening day of the market in any year, the warehouse operator may elect to charge a commission of not exceeding seventy-five cents per 100 pounds, which commission shall constitute the entire charge made in connection with the sale of tobacco throughout that market season at the warehouse for which such election is made.</p><p>Code 1950, § 61-154; 1968, c. 69; 2000, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?001+ful+CHAP0380'>380</a>.</p>
+61.1|WAREHOUSES, COLD STORAGE AND REFRIGERATED LOCKER PLANTS|||||6|FEES FOR SALE OF BURLEY TOBACCO|||||§ 61.1-56|Penalty for violation.|<p>Any such operator of a warehouse violating the provisions of this chapter shall be guilty of a misdemeanor, and upon conviction shall be punished as provided in § <a href='http://law.lis.virginia.gov/vacode/18.2-12/'>18.2-12</a>.</p><p>Code 1950, § 61-155; 1968, c. 69.</p>
+61.1|WAREHOUSES, COLD STORAGE AND REFRIGERATED LOCKER PLANTS|||||7|HANDLING AND SALE OF BURLEY TOBACCO|||||§ 61.1-57|Enforcement by Commissioner of Agriculture and Consumer Services; rules and regulations.|<p>The Board of Agriculture and Consumer Services shall have authority to establish rules and regulations for the enforcement of this chapter. The Commissioner is hereby vested with the authority to administer and enforce the provisions of this law and to enforce reasonable rules and regulations not inconsistent with the provisions hereof, for the purpose of carrying out the provisions of this chapter.</p><p>Code 1950, § 61-156; 1950, p. 66; 1968, c. 69.</p>
+61.1|WAREHOUSES, COLD STORAGE AND REFRIGERATED LOCKER PLANTS|||||7|HANDLING AND SALE OF BURLEY TOBACCO|||||§ 61.1-58|Commingling burley and other tobacco; moving tobacco before sale.|<p>It shall be unlawful for any person to commingle, mix, place in same basket with other tobacco or in any other manner or means to handle tobacco so as to lose its identity, for the purpose of sale at auction, loose-leaf tobacco grown by one producer with loose-leaf burley tobacco grown by any other producer, or of the same producer after being placed on the loose-leaf floor.</p><p>After tobacco is weighed and set upon the warehouse floor for sale no basket of tobacco shall be moved, without the consent of the owner, from its place on the floor until sale is confirmed by the owner of same. This shall not apply to official inspectors of the Department of Agriculture and Consumer Services, who in the course of their duties find it necessary to move piles of tobacco.</p><p>Code 1950, § 61-157; 1950, p. 66; 1968, c. 69.</p>
+61.1|WAREHOUSES, COLD STORAGE AND REFRIGERATED LOCKER PLANTS|||||7|HANDLING AND SALE OF BURLEY TOBACCO|||||§ 61.1-59|Sales of burley tobacco.|<p>Sales of burley tobacco at warehouses or loosefloors shall be conducted so as to conform to one of the following methods:</p><p>(1) Sales to be at the rate of not more than 90,000 pounds per hour, per set of buyers, or</p><p>(2) Sales to be at the rate of not more than 360 baskets per hour per set of buyers.</p><p>Code 1950, § 61-158; 1950, p. 66; 1968, c. 69.</p>
+61.1|WAREHOUSES, COLD STORAGE AND REFRIGERATED LOCKER PLANTS|||||7|HANDLING AND SALE OF BURLEY TOBACCO|||||§ 61.1-60|Information to be accurate and substantiated.|<p>Any information pertaining to weights of tobacco sold, prices paid or amounts of tobacco handled, disseminated by any warehouseman, his employees or agents shall be accurate and substantiated by records kept at the warehouse or loosefloor.</p><p>Code 1950, § 61-159; 1950, p. 67; 1968, c. 69.</p>
+61.1|WAREHOUSES, COLD STORAGE AND REFRIGERATED LOCKER PLANTS|||||7|HANDLING AND SALE OF BURLEY TOBACCO|||||§ 61.1-61|Penalty for violation.|<p>The violation of any provision of this law or valid rules and regulations promulgated hereunder shall constitute a misdemeanor and shall be punishable by fine of not less than $50 for the first offense and for each subsequent offense shall be punished by a fine of not less than $500 or imprisonment in jail not less than thirty days, or both such fine and imprisonment in the discretion of the court or jury.</p><p>Code 1950, § 61-160; 1950, p. 67; 1968, c. 69.</p>

Code_of_Virginia/CoVTitle_8.10.csv

@@ -0,0 +1,4 @@
+8.10|COMMERCIAL CODE — EFFECTIVE DATE — TRANSITIONAL PROVISIONS|||||||||||§ 8.10-101|Effective date.|<p>This act shall become effective on January 1, 1966. It applies to transactions entered into and events occurring after that date.</p><p>1964, c. 219.</p>
+8.10|COMMERCIAL CODE — EFFECTIVE DATE — TRANSITIONAL PROVISIONS|||||||||||§ 8.10-102|Provision for transition.|<p>Transactions validly entered into before the effective date specified in § <a href='http://law.lis.virginia.gov/vacode/8.10-101/'>8.10-101</a> and the rights, duties and interests flowing from them remain valid thereafter and may be terminated, completed, consummated or enforced as required or permitted by any statute or other law amended or repealed by this act as though such repeal or amendment had not occurred.</p><p>1964, c. 219.</p>
+8.10|COMMERCIAL CODE — EFFECTIVE DATE — TRANSITIONAL PROVISIONS|||||||||||§ 8.10-103|General repealer.|<p>Except as provided in the following section, all acts and parts of acts inconsistent with this act are hereby repealed.</p><p>1964, c. 219.</p>
+8.10|COMMERCIAL CODE — EFFECTIVE DATE — TRANSITIONAL PROVISIONS|||||||||||§ 8.10-104|Laws not repealed.|<p>(1) The title on documents of title (Title 8.7) does not repeal or modify any laws prescribing the form or contents of documents of title or the services or facilities to be afforded by bailees, or otherwise regulating bailees' businesses in respects not specifically dealt with herein; but the fact that such laws are violated does not affect the status of a document of title which otherwise complies with the definition of a document of title (§ <a href='http://law.lis.virginia.gov/vacode/8.1A-201/'>8.1A-201</a>).</p><p>1964, c. 219; 2003, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?031+ful+CHAP0353'>353</a>.</p>

Code_of_Virginia/CoVTitle_8.11.csv

@@ -0,0 +1,8 @@
+8.11|1973 AMENDATORY ACT — EFFECTIVE DATE AND TRANSITION PROVISIONS|||||||||||§ 8.11-101|Effective date.|<p>This act shall become effective at 12:01 a.m. on July 1, 1974.</p><p>1973, c. 509.</p>
+8.11|1973 AMENDATORY ACT — EFFECTIVE DATE AND TRANSITION PROVISIONS|||||||||||§ 8.11-102|Preservation of old transition provision.|<p>The provisions of Title 8.10 shall continue to apply to this act of 1973, and for this purpose Titles 8.1 through 8.10 as amended through 1972, and this act of 1973 shall be considered one continuous statute.</p><p>1973, c. 509.</p>
+8.11|1973 AMENDATORY ACT — EFFECTIVE DATE AND TRANSITION PROVISIONS|||||||||||§ 8.11-103|Transition to this act; general rule.|<p>Transactions validly entered into on and after January 1, 1966, and before July 1, 1974, and which were subject to the provisions of Titles 8.1 through 8.10 as amended through 1972 and which would be subject to this act as amended if they had been entered into after the effective date of this act and the rights, duties and interests flowing from such transactions remain valid after the latter date and may be terminated, completed, consummated or enforced as required or permitted by this act of 1973. Security interests arising out of such transactions which are perfected when this act of 1973 becomes effective shall remain perfected until they lapse as provided in this act of 1973, and may be continued as permitted by this act of 1973, except as stated in § <a href='http://law.lis.virginia.gov/vacode/8.11-105/'>8.11-105</a>.</p><p>1973, c. 509.</p>
+8.11|1973 AMENDATORY ACT — EFFECTIVE DATE AND TRANSITION PROVISIONS|||||||||||§ 8.11-104|Transition provision on change of requirement of filing.|<p>A security interest for the perfection of which filing or the taking of possession was required under Titles 8.1 through 8.10 as amended through 1972 and which attached prior to the effective date of this act of 1973, but was not perfected shall be deemed perfected on the effective date of this act of 1973, if this act of 1973 permits perfection without filing or authorizes filing in the office or offices where a prior ineffective filing was made.</p><p>1973, c. 509.</p>
+8.11|1973 AMENDATORY ACT — EFFECTIVE DATE AND TRANSITION PROVISIONS|||||||||||§ 8.11-105|Transition provision on change of place of filing.|<p>(1) A financing statement or continuation statement filed prior to July 1, 1974, which shall not have lapsed prior to July 1, 1974, shall remain effective for the period provided in Title 8.9 as amended through 1972, but not less than five years after the filing.</p><p>(2) With respect to any collateral acquired by the debtor subsequent to June 30, 1974, any effective financing statement or continuation statement described in this section shall apply only if the filing or filings are in the office or offices that would be appropriate to perfect the security interests in the new collateral under this act of 1973.</p><p>(3) The effectiveness of any financing statement or continuation statement filed prior to July 1, 1974, may be continued by a continuation statement as permitted by this act, except that if this act requires a filing in an office where there was no previous financing statement, a new financing statement conforming to § <a href='http://law.lis.virginia.gov/vacode/8.11-106/'>8.11-106</a> shall be filed in that office.</p><p>(4) If the record of a mortgage of real estate would have been effective as a fixture filing of goods described therein if this act had been in effect on the date of recording the mortgage, the mortgage shall be deemed effective as a fixture filing as to such goods under subsection (6) of § 8.9-402 of this act on the effective date of this act.</p><p>1973, c. 509.</p>
+8.11|1973 AMENDATORY ACT — EFFECTIVE DATE AND TRANSITION PROVISIONS|||||||||||§ 8.11-106|Required refilings.|<p>(1) If a security interest is perfected or has priority when this act takes effect as to all persons or as to certain persons without any filing or recording, and if the filing of a financing statement would be required for the perfection or priority of the security interest against those persons under this act, the perfection and priority rights of the security interest continue until three years after the effective date of this act. The perfection will then lapse until a financing statement is filed as provided in subsection (4) or unless the security interest is perfected otherwise than by filing.</p><p>(2) If a security interest is perfected when this act takes effect under a law other than Title 8.9A which requires no further filing, refiling or recording to continue its perfection, perfection continues until and will lapse three years after this act takes effect, unless a financing statement is filed as provided in subsection (4) or unless the security interest is perfected otherwise than by filing, or unless under subsection (3) of § 8.9-302 the other law continues to govern filing.</p><p>(3) If a security interest is perfected by a filing, refiling or recording under a law repealed by this act which required further filing, refiling or recording to continue its perfection, perfection continues and will lapse on the date provided by the law so repealed for such further filing, refiling or recording unless a financing statement is filed as provided in subsection (4) or unless the security interest is perfected otherwise than by filing.</p><p>(4) A financing statement may be filed within six months before the perfection of a security interest would otherwise lapse. Any such financing statement may be signed by either the debtor or the secured party. It must identify the security agreement, statement or notice (however denominated in any statute or other law repealed or modified by this act), state the office where and the date when the last filing, refiling or recording, if any, was made with respect thereto, and the filing number, if any, or book and page, if any, of recording and further state that the security agreement, statement or notice, however denominated, in another filing office under Title 8.9 or under any statute or other law repealed or modified by this act is still effective. Section 8.9-401 and § 8.9-103 determine the proper place to file such a financing statement. Except as specified in this subsection, the provisions of § 8.9-403 (3) for continuation statements apply to such a financing statement.</p><p>1973, c. 509.</p>
+8.11|1973 AMENDATORY ACT — EFFECTIVE DATE AND TRANSITION PROVISIONS|||||||||||§ 8.11-107|Transition provisions as to priorities.|<p>Except as otherwise provided in this title, Titles 8.1 through 8.9 as amended through 1972 shall apply to any questions of priority if the positions of the parties were fixed prior to the effective date of this act of 1973. In other cases questions of priority shall be determined by this act of 1973.</p><p>1973, c. 509.</p>
+8.11|1973 AMENDATORY ACT — EFFECTIVE DATE AND TRANSITION PROVISIONS|||||||||||§ 8.11-108|Presumption that rule of law continues unchanged.|<p>Unless a change in law has clearly been made, the provisions of this act of 1973 shall be deemed declaratory of the meaning of Titles 8.1 through 8.9 as amended through 1972.</p><p>1973, c. 509.</p>

Code_of_Virginia/CoVTitle_8.2.csv

@@ -0,0 +1,105 @@
+8.2|COMMERCIAL CODE - SALES|||1|SHORT TITLE, GENERAL CONSTRUCTION AND SUBJECT MATTER|||||||§ 8.2-101|Short title.|<p>This title shall be known and may be cited as Uniform Commercial Code -- Sales.</p><p>1964, c. 219.</p>
+8.2|COMMERCIAL CODE - SALES|||1|SHORT TITLE, GENERAL CONSTRUCTION AND SUBJECT MATTER|||||||§ 8.2-102|Scope; certain security and other transactions excluded from this title.|<p>Unless the context otherwise requires, this title applies to transactions in goods; it does not apply to any transaction which although in the form of an unconditional contract to sell or present sale is intended to operate only as a security transaction nor does this title impair or repeal any statute regulating sales to consumers, farmers or other specified classes of buyers.</p><p>1964, c. 219.</p>
+8.2|COMMERCIAL CODE - SALES|||1|SHORT TITLE, GENERAL CONSTRUCTION AND SUBJECT MATTER|||||||§ 8.2-103|Definitions and index of definitions.|<p>(1) In this title unless the context otherwise requires:</p><p>(a) "Buyer" means a person who buys or contracts to buy goods.</p><p>(b) "Good faith" in the case of a merchant means honesty in fact and the observance of reasonable commercial standards of fair dealing in the trade.</p><p>(c) "Receipt" of goods means taking physical possession of them.</p><p>(d) "Seller" means a person who sells or contracts to sell goods.</p><p>(2) Other definitions applying to this title or to specified parts thereof, and the sections in which they appear are:</p><p>"Acceptance."§ <a href='http://law.lis.virginia.gov/vacode/8.2-606/'>8.2-606</a>.</p><p>"Banker's credit."§ <a href='http://law.lis.virginia.gov/vacode/8.2-325/'>8.2-325</a>.</p><p>"Between merchants."§ <a href='http://law.lis.virginia.gov/vacode/8.2-104/'>8.2-104</a>.</p><p>"Cancellation."§ <a href='http://law.lis.virginia.gov/vacode/8.2-106/'>8.2-106</a> (4).</p><p>"Commercial unit."§ <a href='http://law.lis.virginia.gov/vacode/8.2-105/'>8.2-105</a>.</p><p>"Confirmed credit."§ <a href='http://law.lis.virginia.gov/vacode/8.2-325/'>8.2-325</a>.</p><p>"Conforming to contract."§ <a href='http://law.lis.virginia.gov/vacode/8.2-106/'>8.2-106</a>.</p><p>"Contract for sale."§ <a href='http://law.lis.virginia.gov/vacode/8.2-106/'>8.2-106</a>.</p><p>"Cover."§ <a href='http://law.lis.virginia.gov/vacode/8.2-712/'>8.2-712</a>.</p><p>"Entrusting."§ <a href='http://law.lis.virginia.gov/vacode/8.2-403/'>8.2-403</a>.</p><p>"Financing agency."§ <a href='http://law.lis.virginia.gov/vacode/8.2-104/'>8.2-104</a>.</p><p>"Future goods."§ <a href='http://law.lis.virginia.gov/vacode/8.2-105/'>8.2-105</a>.</p><p>"Goods."§ <a href='http://law.lis.virginia.gov/vacode/8.2-105/'>8.2-105</a>.</p><p>"Identification."§ <a href='http://law.lis.virginia.gov/vacode/8.2-501/'>8.2-501</a>.</p><p>"Installment contract."§ <a href='http://law.lis.virginia.gov/vacode/8.2-612/'>8.2-612</a>.</p><p>"Letter of credit."§ <a href='http://law.lis.virginia.gov/vacode/8.2-325/'>8.2-325</a>.</p><p>"Lot."§ <a href='http://law.lis.virginia.gov/vacode/8.2-105/'>8.2-105</a>.</p><p>"Merchant."§ <a href='http://law.lis.virginia.gov/vacode/8.2-104/'>8.2-104</a>.</p><p>"Overseas."§ <a href='http://law.lis.virginia.gov/vacode/8.2-323/'>8.2-323</a>.</p><p>"Person in position of seller."§ <a href='http://law.lis.virginia.gov/vacode/8.2-707/'>8.2-707</a>.</p><p>"Present sale."§ <a href='http://law.lis.virginia.gov/vacode/8.2-106/'>8.2-106</a>.</p><p>"Sale."§ <a href='http://law.lis.virginia.gov/vacode/8.2-106/'>8.2-106</a>.</p><p>"Sale on approval."§ <a href='http://law.lis.virginia.gov/vacode/8.2-326/'>8.2-326</a>.</p><p>"Sale or return."§ <a href='http://law.lis.virginia.gov/vacode/8.2-326/'>8.2-326</a>.</p><p>"Termination."§ <a href='http://law.lis.virginia.gov/vacode/8.2-106/'>8.2-106</a>.</p><p>(3) The following definitions in other titles apply to this title:</p><p>"Check."§ <a href='http://law.lis.virginia.gov/vacode/8.3A-104/'>8.3A-104</a>.</p><p>"Consignee."§ <a href='http://law.lis.virginia.gov/vacode/8.7-102/'>8.7-102</a>.</p><p>"Consignor."§ <a href='http://law.lis.virginia.gov/vacode/8.7-102/'>8.7-102</a>.</p><p>"Consumer goods."§ <a href='http://law.lis.virginia.gov/vacode/8.9A-102/'>8.9A-102</a>.</p><p>"Control."§ <a href='http://law.lis.virginia.gov/vacode/8.7-106/'>8.7-106</a>.</p><p>"Dishonor."§ <a href='http://law.lis.virginia.gov/vacode/8.3A-502/'>8.3A-502</a>.</p><p>"Draft."§ <a href='http://law.lis.virginia.gov/vacode/8.3A-104/'>8.3A-104</a>.</p><p>(4) In addition Title 8.1A contains general definitions and principles of construction and interpretation applicable throughout this title.</p><p>1964, c. 219; 2000, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?001+ful+CHAP1007'>1007</a>; 2003, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?031+ful+CHAP0353'>353</a>; 2004, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?041+ful+CHAP0200'>200</a>.</p>
+8.2|COMMERCIAL CODE - SALES|||1|SHORT TITLE, GENERAL CONSTRUCTION AND SUBJECT MATTER|||||||§ 8.2-104|Definitions: "Merchant"; "financing agency"; "between merchants.".|<p>(1) "Merchant" means a person who deals in goods of the kind or otherwise by his occupation holds himself out as having knowledge or skill peculiar to the practices or goods involved in the transaction or to whom such knowledge or skill may be attributed by his employment of an agent or broker or other intermediary who by his occupation holds himself out as having such knowledge or skill.</p><p>(2) "Financing agency" means a bank, finance company or other person who in the ordinary course of business makes advances against goods or documents of title or who by arrangement with either the seller or the buyer intervenes in ordinary course to make or collect payment due or claimed under the contract for sale, as by purchasing or paying the seller's draft or making advances against it or by merely taking it for collection whether or not documents of title accompany or are associated with the draft. "Financing agency" includes also a bank or other person who similarly intervenes between persons who are in the position of seller and buyer in respect to the goods (§ <a href='http://law.lis.virginia.gov/vacode/8.2-707/'>8.2-707</a>).</p><p>(3) "Between merchants" means in any transaction with respect to which both parties are chargeable with the knowledge or skill of merchants.</p><p>1964, c. 219; 2004, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?041+ful+CHAP0200'>200</a>.</p>
+8.2|COMMERCIAL CODE - SALES|||1|SHORT TITLE, GENERAL CONSTRUCTION AND SUBJECT MATTER|||||||§ 8.2-105|Definitions: Transferability; "goods"; "future" goods; "lot"; "commercial unit.".|<p>(1) "Goods" means all things (including specially manufactured goods) which are movable at the time of identification to the contract for sale other than the money in which the price is to be paid, investment securities (Title 8.8A) and things in action. "Goods" also includes the unborn young of animals and growing crops and other identified things attached to realty as described in the section on goods to be severed from realty (§ <a href='http://law.lis.virginia.gov/vacode/8.2-107/'>8.2-107</a>).</p><p>(2) Goods must be both existing and identified before any interest in them can pass. Goods which are not both existing and identified are "future" goods. A purported present sale of future goods or of any interest therein operates as a contract to sell.</p><p>(3) There may be a sale of a part interest in existing identified goods.</p><p>(4) An undivided share in an identified bulk of fungible goods is sufficiently identified to be sold although the quantity of the bulk is not determined. Any agreed proportion of such a bulk or any quantity thereof agreed upon by number, weight or other measure may to the extent of the seller's interest in the bulk be sold to the buyer who then becomes an owner in common.</p><p>(5) "Lot" means a parcel or a single article which is the subject matter of a separate sale or delivery, whether or not it is sufficient to perform the contract.</p><p>(6) "Commercial unit" means such a unit of goods as by commercial usage is a single whole for purposes of sale and division of which materially impairs its character or value on the market or in use. A commercial unit may be a single article (as a machine) or a set of articles (as a suite of furniture or an assortment of sizes) or a quantity (as a bale, gross, or carload) or any other unit treated in use or in the relevant market as a single whole.</p><p>1964, c. 219.</p>
+8.2|COMMERCIAL CODE - SALES|||1|SHORT TITLE, GENERAL CONSTRUCTION AND SUBJECT MATTER|||||||§ 8.2-106|Definitions: "Contract"; "agreement"; "contract for sale"; "sale"; "present sale"; "conforming" to contract; "termination"; "cancellation.".|<p>(1) In this title unless the context otherwise requires "contract" and "agreement" are limited to those relating to the present or future sale of goods. "Contract for sale" includes both a present sale of goods and a contract to sell goods at a future time. A "sale" consists in the passing of title from the seller to the buyer for a price (§ <a href='http://law.lis.virginia.gov/vacode/8.2-401/'>8.2-401</a>). A "present sale" means a sale which is accomplished by the making of the contract.</p><p>(2) Goods or conduct including any part of a performance are "conforming" or conform to the contract when they are in accordance with the obligations under the contract.</p><p>(3) "Termination" occurs when either party pursuant to a power created by agreement or law puts an end to the contract otherwise than for its breach. On "termination" all obligations which are still executory on both sides are discharged but any right based on prior breach or performance survives.</p><p>(4) "Cancellation" occurs when either party puts an end to the contract for breach by the other and its effect is the same as that of "termination" except that the cancelling party also retains any remedy for breach of the whole contract or any unperformed balance.</p><p>1964, c. 219.</p>
+8.2|COMMERCIAL CODE - SALES|||1|SHORT TITLE, GENERAL CONSTRUCTION AND SUBJECT MATTER|||||||§ 8.2-107|Goods to be severed from realty; recording.|<p>(1) A contract for the sale of minerals or the like (including oil and gas) or a structure or its materials to be removed from realty is a contract for the sale of goods within this title if they are to be severed by the seller but until severance a purported present sale thereof which is not effective as a transfer of an interest in land is effective only as a contract to sell.</p><p>(2) A contract for the sale apart from the land of growing crops or other things attached to realty and capable of severance without material harm thereto but not described in subsection (1) or of timber to be cut is a contract for the sale of goods within this title whether the subject matter is to be severed by the buyer or by the seller even though it forms part of the realty at the time of contracting, and the parties can by identification effect a present sale before severance.</p><p>(3) The provisions of this section are subject to any third party rights provided by the law relating to realty records, and the contract for sale may be executed and recorded as a document transferring an interest in land and shall then constitute notice to third parties of the buyer's rights under the contract for sale.</p><p>1964, c. 219; 1973, c. 509.</p>
+8.2|COMMERCIAL CODE - SALES|||2|FORM, FORMATION AND READJUSTMENT OF CONTRACT|||||||§ 8.2-201|Formal requirements; statute of frauds.|<p>(1) Except as otherwise provided in this section a contract for the sale of goods for the price of $500 or more is not enforceable by way of action or defense unless there is some writing sufficient to indicate that a contract for sale has been made between the parties and signed by the party against whom enforcement is sought or by his authorized agent or broker. A writing is not insufficient because it omits or incorrectly states a term agreed upon but the contract is not enforceable under this paragraph beyond the quantity of goods shown in such writing.</p><p>(2) Between merchants if within a reasonable time a writing in confirmation of the contract and sufficient against the sender is received and the party receiving it has reason to know its contents, it satisfies the requirements of subsection (1) against such party unless written notice of objection to its contents is given within ten days after it is received.</p><p>(3) A contract which does not satisfy the requirements of subsection (1) but which is valid in other respects is enforceable</p><p>(a) if the goods are to be specially manufactured for the buyer and are not suitable for sale to others in the ordinary course of the seller's business and the seller, before notice of repudiation is received and under circumstances which reasonably indicate that the goods are for the buyer, has made either a substantial beginning of their manufacture or commitments for their procurement; or</p><p>(b) if the party against whom enforcement is sought admits in his pleading, testimony or otherwise in court that a contract for sale was made, but the contract is not enforceable under this provision beyond the quantity of goods admitted; or</p><p>(c) with respect to goods for which payment has been made and accepted or which have been received and accepted (§ <a href='http://law.lis.virginia.gov/vacode/8.2-606/'>8.2-606</a>).</p><p>1964, c. 219.</p>
+8.2|COMMERCIAL CODE - SALES|||2|FORM, FORMATION AND READJUSTMENT OF CONTRACT|||||||§ 8.2-202|Final written expression; parol or extrinsic evidence.|<p>Terms with respect to which the confirmatory memoranda of the parties agree or which are otherwise set forth in a writing intended by the parties as a final expression of their agreement with respect to such terms as are included therein may not be contradicted by evidence of any prior agreement or of a contemporaneous oral agreement but may be explained or supplemented</p><p>(a) by course of performance, course of dealing or usage of trade (§ <a href='http://law.lis.virginia.gov/vacode/8.1A-303/'>8.1A-303</a>); and</p><p>(b) by evidence of consistent additional terms unless the court finds the writing to have been intended also as a complete and exclusive statement of the terms of the agreement.</p><p>1964, c. 219; 2003, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?031+ful+CHAP0353'>353</a>.</p>
+8.2|COMMERCIAL CODE - SALES|||2|FORM, FORMATION AND READJUSTMENT OF CONTRACT|||||||§ 8.2-203|Seals inoperative.|<p>The affixing of a seal to a writing evidencing a contract for sale or an offer to buy or sell goods does not constitute the writing a sealed instrument and the law with respect to sealed instruments does not apply to such a contract or offer.</p><p>1964, c. 219.</p>
+8.2|COMMERCIAL CODE - SALES|||2|FORM, FORMATION AND READJUSTMENT OF CONTRACT|||||||§ 8.2-204|Formation in general.|<p>(1) A contract for sale of goods may be made in any manner sufficient to show agreement, including conduct by both parties which recognizes the existence of such a contract.</p><p>(2) An agreement sufficient to constitute a contract for sale may be found even though the moment of its making is undetermined.</p><p>(3) Even though one or more terms are left open a contract for sale does not fail for indefiniteness if the parties have intended to make a contract and there is a reasonably certain basis for giving an appropriate remedy.</p><p>1964, c. 219.</p>
+8.2|COMMERCIAL CODE - SALES|||2|FORM, FORMATION AND READJUSTMENT OF CONTRACT|||||||§ 8.2-205|Firm offers.|<p>An offer by a merchant to buy or sell goods in a signed writing which by its terms gives assurance that it will be held open is not revocable, for lack of consideration, during the time stated or if no time is stated for a reasonable time, but in no event may such period of irrevocability exceed three months; but any such term of assurance on a form supplied by the offeree must be separately signed by the offeror.</p><p>1964, c. 219.</p>
+8.2|COMMERCIAL CODE - SALES|||2|FORM, FORMATION AND READJUSTMENT OF CONTRACT|||||||§ 8.2-206|Offer and acceptance in formation of contract.|<p>(1) Unless otherwise unambiguously indicated by the language or circumstances</p><p>(a) an offer to make a contract shall be construed as inviting acceptance in any manner and by any medium reasonable in the circumstances;</p><p>(b) an order or other offer to buy goods for prompt or current shipment shall be construed as inviting acceptance either by a prompt promise to ship or by the prompt or current shipment of conforming or nonconforming goods, but such a shipment of nonconforming goods does not constitute an acceptance if the seller seasonably notifies the buyer that the shipment is offered only as an accommodation to the buyer.</p><p>(2) Where the beginning of a requested performance is a reasonable mode of acceptance an offeror who is not notified of acceptance within a reasonable time may treat the offer as having lapsed before acceptance.</p><p>1964, c. 219.</p>
+8.2|COMMERCIAL CODE - SALES|||2|FORM, FORMATION AND READJUSTMENT OF CONTRACT|||||||§ 8.2-207|Additional terms in acceptance or confirmation.|<p>(1) A definite and seasonable expression of acceptance or a written confirmation which is sent within a reasonable time operates as an acceptance even though it states terms additional to or different from those offered or agreed upon, unless acceptance is expressly made conditional on assent to the additional or different terms.</p><p>(2) The additional terms are to be construed as proposals for addition to the contract. Between merchants such terms become part of the contract unless:</p><p>(a) the offer expressly limits acceptance to the terms of the offer;</p><p>(b) they materially alter it; or</p><p>(c) notification of objection to them has already been given or is given within a reasonable time after notice of them is received.</p><p>(3) Conduct by both parties which recognizes the existence of a contract is sufficient to establish a contract for sale although the writings of the parties do not otherwise establish a contract. In such case the terms of the particular contract consist of those terms on which the writings of the parties agree, together with any supplementary terms incorporated under any other provisions of this act.</p><p>1964, c. 219.</p>
+8.2|COMMERCIAL CODE - SALES|||2|FORM, FORMATION AND READJUSTMENT OF CONTRACT|||||||§ 8.2-208|Repealed.|<p>Repealed by Acts 2003, c. <a href='https://lis.virginia.gov/cgi-bin/legp604.exe?031+ful+CHAP0353'>353</a>.<br></p>
+8.2|COMMERCIAL CODE - SALES|||2|FORM, FORMATION AND READJUSTMENT OF CONTRACT|||||||§ 8.2-209|Modification, rescission and waiver.|<p>(1) An agreement modifying a contract within this title needs no consideration to be binding.</p><p>(2) A signed agreement which excludes modification or rescission except by a signed writing cannot be otherwise modified or rescinded, but except as between merchants such a requirement on a form supplied by the merchant must be separately signed by the other party.</p><p>(3) The requirements of the statute of frauds section of this title (§ <a href='http://law.lis.virginia.gov/vacode/8.2-201/'>8.2-201</a>) must be satisfied if the contract as modified is within its provisions.</p><p>(4) Although an attempt at modification or rescission does not satisfy the requirements of subsection (2) or (3) it can operate as a waiver.</p><p>(5) A party who has made a waiver affecting an executory portion of the contract may retract the waiver by reasonable notification received by the other party that strict performance will be required of any term waived, unless the retraction would be unjust in view of a material change of position in reliance on the waiver.</p><p>1964, c. 219.</p>
+8.2|COMMERCIAL CODE - SALES|||2|FORM, FORMATION AND READJUSTMENT OF CONTRACT|||||||§ 8.2-210|Delegation of performance; assignment of rights.|<p>(1) A party may perform his duty through a delegate unless otherwise agreed or unless the other party has a substantial interest in having his original promisor perform or control the acts required by the contract. No delegation of performance relieves the party delegating of any duty to perform or any liability for breach.</p><p>(2) Except as otherwise provided in § <a href='http://law.lis.virginia.gov/vacode/8.9A-406/'>8.9A-406</a>, unless otherwise agreed all rights of either seller or buyer can be assigned except where the assignment would materially change the duty of the other party, or increase materially the burden or risk imposed on him by his contract, or impair materially his chance of obtaining return performance. A right to damages for breach of the whole contract or a right arising out of the assignor's due performance of his entire obligation can be assigned despite agreement otherwise.</p><p>(3) The creation, attachment, perfection, or enforcement of a security interest in the seller's interest under a contract is not a transfer that materially changes the duty of or increases materially the burden or risk imposed on the buyer or impairs materially the buyer's chance of obtaining return performance within the purview of subsection (2) unless, and then only to the extent that, enforcement actually results in a delegation of material performance of the seller. Even in that event, the creation, attachment, perfection, and enforcement of the security interest remain effective, but (i) the seller is liable to the buyer for damages caused by the delegation to the extent that the damages could not reasonably be prevented by the buyer and (ii) a court having jurisdiction may grant other appropriate relief, including cancellation of the contract for sale or an injunction against enforcement of the security interest or consummation of the enforcement.</p><p>(4) Unless the circumstances indicate the contrary a prohibition of assignment of "the contract" is to be construed as barring only the delegation to the assignee of the assignor's performance.</p><p>(5) An assignment of "the contract" or of "all my rights under the contract" or an assignment in similar general terms is an assignment of rights and unless the language or the circumstances (as in an assignment for security) indicate the contrary, it is a delegation of performance of the duties of the assignor and its acceptance by the assignee constitutes a promise by him to perform those duties. This promise is enforceable by either the assignor or the other party to the original contract.</p><p>(6) The other party may treat any assignment which delegates performance as creating reasonable grounds for insecurity and may without prejudice to his rights against the assignor demand assurances from the assignee (§ <a href='http://law.lis.virginia.gov/vacode/8.2-609/'>8.2-609</a>).</p><p>1964, c. 219; 2000, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?001+ful+CHAP1007'>1007</a>.</p>
+8.2|COMMERCIAL CODE - SALES|||3|GENERAL OBLIGATION AND CONSTRUCTION OF CONTRACT|||||||§ 8.2-301|General obligations of parties.|<p>The obligation of the seller is to transfer and deliver and that of the buyer is to accept and pay in accordance with the contract.</p><p>1964, c. 219.</p>
+8.2|COMMERCIAL CODE - SALES|||3|GENERAL OBLIGATION AND CONSTRUCTION OF CONTRACT|||||||§ 8.2-302|Unconscionable contract or clause.|<p>(1) If the court as a matter of law finds the contract or any clause of the contract to have been unconscionable at the time it was made the court may refuse to enforce the contract, or it may enforce the remainder of the contract without the unconscionable clause, or it may so limit the application of any unconscionable clause as to avoid any unconscionable result.</p><p>(2) When it is claimed or appears to the court that the contract or any clause thereof may be unconscionable the parties shall be afforded a reasonable opportunity to present evidence as to its commercial setting, purpose and effect to aid the court in making the determination.</p><p>1964, c. 219.</p>
+8.2|COMMERCIAL CODE - SALES|||3|GENERAL OBLIGATION AND CONSTRUCTION OF CONTRACT|||||||§ 8.2-303|Allocation or division of risks.|<p>Where this title allocates a risk or a burden as between the parties "unless otherwise agreed," the agreement may not only shift the allocation but may also divide the risk or burden.</p><p>1964, c. 219.</p>
+8.2|COMMERCIAL CODE - SALES|||3|GENERAL OBLIGATION AND CONSTRUCTION OF CONTRACT|||||||§ 8.2-304|Price payable in money, goods, realty, or otherwise.|<p>(1) The price can be made payable in money or otherwise. If it is payable in whole or in part in goods each party is a seller of the goods which he is to transfer.</p><p>(2) Even though all or part of the price is payable in an interest in realty the transfer of the goods and the seller's obligations with reference to them are subject to this title, but not the transfer of the interest in realty or the transferor's obligations in connection therewith.</p><p>1964, c. 219.</p>
+8.2|COMMERCIAL CODE - SALES|||3|GENERAL OBLIGATION AND CONSTRUCTION OF CONTRACT|||||||§ 8.2-305|Open price term.|<p>(1) The parties if they so intend can conclude a contract for sale even though the price is not settled. In such a case the price is a reasonable price at the time for delivery if</p><p>(a) nothing is said as to price; or</p><p>(b) the price is left to be agreed by the parties and they fail to agree; or</p><p>(c) the price is to be fixed in terms of some agreed market or other standard as set or recorded by a third person or agency and it is not so set or recorded.</p><p>(2) A price to be fixed by the seller or by the buyer means a price for him to fix in good faith.</p><p>(3) When a price left to be fixed otherwise than by agreement of the parties fails to be fixed through fault of one party the other may at his option treat the contract as cancelled or himself fix a reasonable price.</p><p>(4) Where, however, the parties intend not to be bound unless the price be fixed or agreed and it is not fixed or agreed there is no contract. In such a case the buyer must return any goods already received or if unable so to do must pay their reasonable value at the time of delivery and the seller must return any portion of the price paid on account.</p><p>1964, c. 219.</p>
+8.2|COMMERCIAL CODE - SALES|||3|GENERAL OBLIGATION AND CONSTRUCTION OF CONTRACT|||||||§ 8.2-306|Output, requirements and exclusive dealings.|<p>(1) A term which measures the quantity by the output of the seller or the requirements of the buyer means such actual output or requirements as may occur in good faith, except that no quantity unreasonably disproportionate to any stated estimate or in the absence of a stated estimate to any normal or otherwise comparable prior output or requirements may be tendered or demanded.</p><p>(2) A lawful agreement by either the seller or the buyer for exclusive dealing in the kind of goods concerned imposes unless otherwise agreed an obligation by the seller to use best efforts to supply the goods and by the buyer to use best efforts to promote their sale.</p><p>1964, c. 219.</p>
+8.2|COMMERCIAL CODE - SALES|||3|GENERAL OBLIGATION AND CONSTRUCTION OF CONTRACT|||||||§ 8.2-307|Delivery in single lot or several lots.|<p>Unless otherwise agreed all goods called for by a contract for sale must be tendered in a single delivery and payment is due only on such tender but where the circumstances give either party the right to make or demand delivery in lots the price if it can be apportioned may be demanded for each lot.</p><p>1964, c. 219.</p>
+8.2|COMMERCIAL CODE - SALES|||3|GENERAL OBLIGATION AND CONSTRUCTION OF CONTRACT|||||||§ 8.2-308|Absence of specified place for delivery.|<p>Unless otherwise agreed</p><p>(a) the place for delivery of goods is the seller's place of business or if he has none his residence; but</p><p>(b) in a contract for sale of identified goods which to the knowledge of the parties at the time of contracting are in some other place, that place is the place for their delivery; and</p><p>(c) documents of title may be delivered through customary banking channels.</p><p>1964, c. 219.</p>
+8.2|COMMERCIAL CODE - SALES|||3|GENERAL OBLIGATION AND CONSTRUCTION OF CONTRACT|||||||§ 8.2-309|Absence of specific time provisions; notice of termination.|<p>(1) The time for shipment or delivery or any other action under a contract if not provided in this title or agreed upon shall be a reasonable time.</p><p>(2) Where the contract provides for successive performances but is indefinite in duration it is valid for a reasonable time but unless otherwise agreed may be terminated at any time by either party.</p><p>(3) Termination of a contract by one party except on the happening of an agreed event requires that reasonable notification be received by the other party and an agreement dispensing with notification is invalid if its operation would be unconscionable.</p><p>1964, c. 219.</p>
+8.2|COMMERCIAL CODE - SALES|||3|GENERAL OBLIGATION AND CONSTRUCTION OF CONTRACT|||||||§ 8.2-310|Open time for payment or running of credit; authority to ship under reservation.|<p>Unless otherwise agreed:</p><p>(a) payment is due at the time and place at which the buyer is to receive the goods even though the place of shipment is the place of delivery; and</p><p>(b) if the seller is authorized to send the goods he may ship them under reservation, and may tender the documents of title, but the buyer may inspect the goods after their arrival before payment is due unless such inspection is inconsistent with the terms of the contract (§ <a href='http://law.lis.virginia.gov/vacode/8.2-513/'>8.2-513</a>); and</p><p>(c) if delivery is authorized and made by way of documents of title otherwise than by subsection (b) then payment is due regardless of where the goods are to be received (i) at the time and place at which the buyer is to receive delivery of the tangible documents or (ii) at the time the buyer is to receive delivery of the electronic documents and at the seller's place of business or if none, the seller's residence; and</p><p>(d) where the seller is required or authorized to ship the goods on credit the credit period runs from the time of shipment but postdating the invoice or delaying its dispatch will correspondingly delay the starting of the credit period.</p><p>1964, c. 219; 2004, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?041+ful+CHAP0200'>200</a>.</p>
+8.2|COMMERCIAL CODE - SALES|||3|GENERAL OBLIGATION AND CONSTRUCTION OF CONTRACT|||||||§ 8.2-311|Options and cooperation respecting performance.|<p>(1) An agreement for sale which is otherwise sufficiently definite (subsection (3) of § <a href='http://law.lis.virginia.gov/vacode/8.2-204/'>8.2-204</a>) to be a contract is not made invalid by the fact that it leaves particulars of performance to be specified by one of the parties. Any such specification must be made in good faith and within limits set by commercial reasonableness.</p><p>(2) Unless otherwise agreed specifications relating to assortment of the goods are at the buyer's option and except as otherwise provided in subsections (1) (c) and (3) of § <a href='http://law.lis.virginia.gov/vacode/8.2-319/'>8.2-319</a> specifications or arrangements relating to shipment are at the seller's option.</p><p>(3) Where such specification would materially affect the other party's performance but is not seasonably made or where one party's cooperation is necessary to the agreed performance of the other but is not seasonably forthcoming, the other party in addition to all other remedies</p><p>(a) is excused for any resulting delay in his own performance; and</p><p>(b) may also either proceed to perform in any reasonable manner or after the time for a material part of his own performance treat the failure to specify or to cooperate as a breach by failure to deliver or accept the goods.</p><p>1964, c. 219.</p>
+8.2|COMMERCIAL CODE - SALES|||3|GENERAL OBLIGATION AND CONSTRUCTION OF CONTRACT|||||||§ 8.2-312|Warranty of title and against infringement; buyer's obligation against infringement.|<p>(1) Subject to subsection (2) there is in a contract for sale a warranty by the seller that</p><p>(a) the title conveyed shall be good, and its transfer rightful; and</p><p>(b) the goods shall be delivered free from any security interest or other lien or encumbrance of which the buyer at the time of contracting has no knowledge.</p><p>(2) A warranty under subsection (1) will be excluded or modified only by specific language or by circumstances which give the buyer reason to know that the person selling does not claim title in himself or that he is purporting to sell only such right or title as he or a third person may have.</p><p>(3) Unless otherwise agreed a seller who is a merchant regularly dealing in goods of the kind warrants that the goods shall be delivered free of the rightful claim of any third person by way of infringement or the like but a buyer who furnishes specifications to the seller must hold the seller harmless against any such claim which arises out of compliance with the specifications.</p><p>1964, c. 219.</p>
+8.2|COMMERCIAL CODE - SALES|||3|GENERAL OBLIGATION AND CONSTRUCTION OF CONTRACT|||||||§ 8.2-313|Express warranties by affirmation, promise, description, sample.|<p>(1) Express warranties by the seller are created as follows:</p><p>(a) Any affirmation of fact or promise made by the seller to the buyer which relates to the goods and becomes part of the basis of the bargain creates an express warranty that the goods shall conform to the affirmation or promise.</p><p>(b) Any description of the goods which is made part of the basis of the bargain creates an express warranty that the goods shall conform to the description.</p><p>(c) Any sample or model which is made part of the basis of the bargain creates an express warranty that the whole of the goods shall conform to the sample or model.</p><p>(2) It is not necessary to the creation of an express warranty that the seller use formal words such as "warrant" or "guarantee" or that he have a specific intention to make a warranty, but an affirmation merely of the value of the goods or a statement purporting to be merely the seller's opinion or commendation of the goods does not create a warranty.</p><p>1964, c. 219.</p>
+8.2|COMMERCIAL CODE - SALES|||3|GENERAL OBLIGATION AND CONSTRUCTION OF CONTRACT|||||||§ 8.2-314|Implied warranty: Merchantability; usage of trade.|<p>(1) Unless excluded or modified (§ <a href='http://law.lis.virginia.gov/vacode/8.2-316/'>8.2-316</a>), a warranty that the goods shall be merchantable is implied in a contract for their sale if the seller is a merchant with respect to goods of that kind. Under this section the serving for value of food or drink to be consumed either on the premises or elsewhere is a sale.</p><p>(2) Goods to be merchantable must be at least such as</p><p>(a) pass without objection in the trade under the contract description; and</p><p>(b) in the case of fungible goods, are of fair average quality within the description; and</p><p>(c) are fit for the ordinary purposes for which such goods are used; and</p><p>(d) run, within the variations permitted by the agreement, of even kind, quality and quantity within each unit and among all units involved; and</p><p>(e) are adequately contained, packaged, and labeled as the agreement may require; and</p><p>(f) conform to the promises or affirmations of fact made on the container or label if any.</p><p>(3) Unless excluded or modified (§ <a href='http://law.lis.virginia.gov/vacode/8.2-316/'>8.2-316</a>) other implied warranties may arise from course of dealing or usage of trade.</p><p>1964, c. 219.</p>
+8.2|COMMERCIAL CODE - SALES|||3|GENERAL OBLIGATION AND CONSTRUCTION OF CONTRACT|||||||§ 8.2-315|Implied warranty: Fitness for particular purpose.|<p>Where the seller at the time of contracting has reason to know any particular purpose for which the goods are required and that the buyer is relying on the seller's skill or judgment to select or furnish suitable goods, there is unless excluded or modified under the next section [§ <a href='http://law.lis.virginia.gov/vacode/8.2-316/'>8.2-316</a>] an implied warranty that the goods shall be fit for such purpose.</p><p>1964, c. 219.</p>
+8.2|COMMERCIAL CODE - SALES|||3|GENERAL OBLIGATION AND CONSTRUCTION OF CONTRACT|||||||§ 8.2-316|Exclusion or modification of warranties.|<p>(1) Words or conduct relevant to the creation of an express warranty and words or conduct tending to negate or limit warranty shall be construed wherever reasonable as consistent with each other; but subject to the provisions of this title on parol or extrinsic evidence (§ <a href='http://law.lis.virginia.gov/vacode/8.2-202/'>8.2-202</a>) negation or limitation is inoperative to the extent that such construction is unreasonable.</p><p>(2) Subject to subsection (3), to exclude or modify the implied warranty of merchantability or any part of it the language must mention merchantability and in case of a writing must be conspicuous, and to exclude or modify any implied warranty of fitness the exclusion must be by a writing and conspicuous. Language to exclude all implied warranties of fitness is sufficient if it states, for example, that "There are no warranties which extend beyond the description on the face hereof."</p><p>(3) Notwithstanding subsection (2)</p><p>(a) unless the circumstances indicate otherwise, all implied warranties are excluded by expressions like "as is," "with all faults" or other language which in common understanding calls the buyer's attention to the exclusion of warranties and makes plain that there is no implied warranty; and</p><p>(b) when the buyer before entering into the contract has examined the goods or the sample or model as fully as he desired or has refused to examine the goods there is no implied warranty with regard to defects which an examination ought in the circumstances to have revealed to him; and</p><p>(c) an implied warranty can also be excluded or modified by course of dealing or course of performance or usage of trade.</p><p>(4) Remedies for breach of warranty can be limited in accordance with the provisions of this title on liquidation or limitation of damages and on contractual modification of remedy (§§ <a href='http://law.lis.virginia.gov/vacode/8.2-718/'>8.2-718</a> and <a href='http://law.lis.virginia.gov/vacode/8.2-719/'>8.2-719</a>).</p><p>1964, c. 219.</p>
+8.2|COMMERCIAL CODE - SALES|||3|GENERAL OBLIGATION AND CONSTRUCTION OF CONTRACT|||||||§ 8.2-317|Cumulation and conflict of warranties express or implied.|<p>Warranties whether express or implied shall be construed as consistent with each other and as cumulative, but if such construction is unreasonable the intention of the parties shall determine which warranty is dominant. In ascertaining that intention the following rules apply:</p><p>(a) Exact or technical specifications displace an inconsistent sample or model or general language of description.</p><p>(b) A sample from an existing bulk displaces inconsistent general language of description.</p><p>(c) Express warranties displace inconsistent implied warranties other than an implied warranty of fitness for a particular purpose.</p><p>1964, c. 219.</p>
+8.2|COMMERCIAL CODE - SALES|||3|GENERAL OBLIGATION AND CONSTRUCTION OF CONTRACT|||||||§ 8.2-317.1|Use of warranty registration cards.|<p>A. As used in this section, "warranty registration card" means a card or similar device that is provided to the purchaser of personal, family, or household goods with a statement that the purchaser's return of the warranty registration card shortly after purchase of the goods is a condition precedent to warranty coverage and performance.</p><p>B. Unless any requirement that the purchaser of personal, family, or household goods return a warranty registration card as a condition precedent to warranty coverage and performance is conspicuously disclosed in any advertising and marketing materials that reference the goods' warranty, a seller may not condition the coverage or performance of a warranty upon the return by the purchaser of a warranty registration card, or provide that the duration of a warranty is dependent upon the return by the purchaser of a warranty registration card.</p><p>C. This section does not prohibit the use of warranty registration cards where a seller suggests use of the card as one possible means of proof of the date the goods were purchased. Any such suggestion to the purchaser shall include notice that failure to return the card will not affect rights under the warranty, if the purchaser can establish with reasonable certainty the date the goods were purchased.</p><p>D. A violation of this section constitutes a prohibited practice under the Virginia Consumer Protection Act (§ <a href='http://law.lis.virginia.gov/vacode/59.1-196/'>59.1-196</a> et seq.).</p><p>2010, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?101+ful+CHAP0713'>713</a>.</p>
+8.2|COMMERCIAL CODE - SALES|||3|GENERAL OBLIGATION AND CONSTRUCTION OF CONTRACT|||||||§ 8.2-318|When lack of privity no defense in action against manufacturer or seller of goods.|<p>Lack of privity between plaintiff and defendant shall be no defense in any action brought against the manufacturer or seller of goods to recover damages for breach of warranty, express or implied, or for negligence, although the plaintiff did not purchase the goods from the defendant, if the plaintiff was a person whom the manufacturer or seller might reasonably have expected to use, consume, or be affected by the goods; however, this section shall not be construed to affect any litigation pending on June 29, 1962.</p><p>Code 1950, § 8-654.3; 1962, c. 476; 1964, c. 219.</p>
+8.2|COMMERCIAL CODE - SALES|||3|GENERAL OBLIGATION AND CONSTRUCTION OF CONTRACT|||||||§ 8.2-319|F.O.B. and F.A.S. terms.|<p>(1) Unless otherwise agreed the term F.O.B. (which means "free on board") at a named place, even though used only in connection with the stated price, is a delivery term under which</p><p>(a) when the term is F.O.B. the place of shipment, the seller must at that place ship the goods in the manner provided in this title (§ <a href='http://law.lis.virginia.gov/vacode/8.2-504/'>8.2-504</a>) and bear the expense and risk of putting them into the possession of the carrier; or</p><p>(b) when the term is F.O.B. the place of destination, the seller must at his own expense and risk transport the goods to that place and there tender delivery of them in the manner provided in this title (§ <a href='http://law.lis.virginia.gov/vacode/8.2-503/'>8.2-503</a>):</p><p>(c) when under either (a) or (b) the term is also F.O.B. vessel, car or other vehicle, the seller must in addition at his own expense and risk load the goods on board. If the term is F.O.B. vessel the buyer must name the vessel and in an appropriate case the seller must comply with the provisions of this title on the form of bill of lading (§ <a href='http://law.lis.virginia.gov/vacode/8.2-323/'>8.2-323</a>).</p><p>(2) Unless otherwise agreed the term F.A.S. vessel (which means "free alongside") at a named port, even though used only in connection with the stated price, is a delivery term under which the seller must</p><p>(a) at his own expense and risk deliver the goods alongside the vessel in the manner usual in that port or on a dock designated and provided by the buyer; and</p><p>(b) obtain and tender a receipt for the goods in exchange for which the carrier is under a duty to issue a bill of lading.</p><p>(3) Unless otherwise agreed in any case falling within subsection (1) (a) or (c) or subsection (2) the buyer must seasonably give any needed instructions for making delivery, including when the term is F.A.S. or F.O.B. the loading berth of the vessel and in an appropriate case its name and sailing date. The seller may treat the failure of needed instructions as a failure of cooperation under this title (§ <a href='http://law.lis.virginia.gov/vacode/8.2-311/'>8.2-311</a>). He may also at his option move the goods in any reasonable manner preparatory to delivery or shipment.</p><p>(4) Under the term F.O.B. vessel or F.A.S. unless otherwise agreed the buyer must make payment against tender of the required documents and the seller may not tender nor the buyer demand delivery of the goods in substitution for the documents.</p><p>1964, c. 219.</p>
+8.2|COMMERCIAL CODE - SALES|||3|GENERAL OBLIGATION AND CONSTRUCTION OF CONTRACT|||||||§ 8.2-320|C.I.F. and C. & F. terms.|<p>(1) The term C.I.F. means that the price includes in a lump sum the cost of the goods and the insurance and freight to the named destination. The term C. &amp; F. or C.F. means that the price so includes cost and freight to the named destination.</p><p>(2) Unless otherwise agreed and even though used only in connection with the stated price and destination, the term C.I.F. destination or its equivalent requires the seller at his own expense and risk to</p><p>(a) put the goods into the possession of a carrier at the port for shipment and obtain a negotiable bill or bills of lading covering the entire transportation to the named destination; and</p><p>(b) load the goods and obtain a receipt from the carrier (which may be contained in the bill of lading) showing that the freight has been paid or provided for; and</p><p>(c) obtain a policy or certificate of insurance, including any war risk insurance, of a kind and on terms then current at the port of shipment in the usual amount, in the currency of the contract, shown to cover the same goods covered by the bill of lading and providing for payment of loss to the order of the buyer or for the account of whom it may concern; but the seller may add to the price the amount of the premium for any such war risk insurance; and</p><p>(d) prepare an invoice of the goods and procure any other documents required to effect shipment or to comply with the contract; and</p><p>(e) forward and tender with commercial promptness all the documents in due form and with any endorsement necessary to perfect the buyer's rights.</p><p>(3) Unless otherwise agreed the term C. &amp; F. or its equivalent has the same effect and imposes upon the seller the same obligations and risks as a C.I.F. term except the obligation as to insurance.</p><p>(4) Under the term C.I.F. or C. &amp; F. unless otherwise agreed the buyer must make payment against tender of the required documents and the seller may not tender nor the buyer demand delivery of the goods in substitution for the documents.</p><p>1964, c. 219.</p>
+8.2|COMMERCIAL CODE - SALES|||3|GENERAL OBLIGATION AND CONSTRUCTION OF CONTRACT|||||||§ 8.2-321|C.I.F. or C. & F.: "Net landed weights"; "payment on arrival"; warranty of condition on arrival.|<p>Under a contract containing a term C.I.F. or C. &amp; F.</p><p>(1) Where the price is based on or is to be adjusted according to "net landed weights," "delivered weights," "out turn" quantity or quality or the like, unless otherwise agreed the seller must reasonably estimate the price. The payment due on tender of the documents called for by the contract is the amount so estimated, but after final adjustment of the price a settlement must be made with commercial promptness.</p><p>(2) An agreement described in subsection (1) or any warranty of quality or condition of the goods on arrival places upon the seller the risk of ordinary deterioration, shrinkage and the like in transportation but has no effect on the place or time of identification to the contract for sale or delivery or on the passing of the risk of loss.</p><p>(3) Unless otherwise agreed where the contract provides for payment on or after arrival of the goods the seller must before payment allow such preliminary inspection as is feasible; but if the goods are lost delivery of the documents and payment are due when the goods should have arrived.</p><p>1964, c. 219.</p>
+8.2|COMMERCIAL CODE - SALES|||3|GENERAL OBLIGATION AND CONSTRUCTION OF CONTRACT|||||||§ 8.2-322|Delivery "ex-ship.".|<p>(1) Unless otherwise agreed a term for delivery of goods "ex-ship" (which means from the carrying vessel) or in equivalent language is not restricted to a particular ship and requires delivery from a ship which has reached a place at the named port of destination where goods of the kind are are usually discharged.</p><p>(2) Under such a term unless otherwise agreed</p><p>(a) the seller must discharge all liens arising out of the carriage and furnish the buyer with a direction which puts the carrier under a duty to deliver the goods; and</p><p>(b) the risk of loss does not pass to the buyer until the goods leave the ship's tackle or are otherwise properly unloaded.</p><p>1964, c. 219.</p>
+8.2|COMMERCIAL CODE - SALES|||3|GENERAL OBLIGATION AND CONSTRUCTION OF CONTRACT|||||||§ 8.2-323|Form of bill of lading required in overseas shipment; "Overseas.".|<p>(1) Where the contract contemplates overseas shipment and contains a term C.I.F. or C. &amp; F. or F.O.B. vessel, the seller unless otherwise agreed must obtain a negotiable bill of lading stating that the goods have been loaded on board or, in the case of a term C.I.F. or C. &amp; F., received for shipment.</p><p>(2) Where in a case within subsection (1) a tangible bill of lading has been issued in a set of parts, unless otherwise agreed if the documents are not to be sent from abroad the buyer may demand tender of the full set; otherwise only one part of the bill of lading need be tendered. Even if the agreement expressly requires a full set:</p><p>(a) due tender of a single part is acceptable within the provisions of this title on cure of improper delivery (subsection (1) of § <a href='http://law.lis.virginia.gov/vacode/8.2-508/'>8.2-508</a>); and</p><p>(b) even though the full set is demanded, if the documents are sent from abroad the person tendering an incomplete set may nevertheless require payment upon furnishing an indemnity which the buyer in good faith deems adequate.</p><p>(3) A shipment by water or by air or a contract contemplating such shipment is "overseas" insofar as by usage of trade or agreement it is subject to the commercial, financing or shipping practices characteristic of international deep water commerce.</p><p>1964, c. 219; 2004, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?041+ful+CHAP0200'>200</a>.</p>
+8.2|COMMERCIAL CODE - SALES|||3|GENERAL OBLIGATION AND CONSTRUCTION OF CONTRACT|||||||§ 8.2-324|"No arrival, no sale" term.|<p>Under a term "no arrival, no sale" or terms of like meaning, unless otherwise agreed,</p><p>(a) the seller must properly ship conforming goods and if they arrive by any means he must tender them on arrival but he assumes no obligation that the goods will arrive unless he has caused the non-arrival; and</p><p>(b) where without fault of the seller the goods are in part lost or have so deteriorated as no longer to conform to the contract or arrive after the contract time, the buyer may proceed as if there had been casualty to identified goods (§ <a href='http://law.lis.virginia.gov/vacode/8.2-613/'>8.2-613</a>).</p><p>1964, c. 219.</p>
+8.2|COMMERCIAL CODE - SALES|||3|GENERAL OBLIGATION AND CONSTRUCTION OF CONTRACT|||||||§ 8.2-325|"Letter of credit" term; "confirmed credit.".|<p>(1) Failure of the buyer seasonably to furnish an agreed letter of credit is a breach of the contract for sale.</p><p>(2) The delivery to seller of a proper letter of credit suspends the buyer's obligation to pay. If the letter of credit is dishonored, the seller may on seasonable notification to the buyer require payment directly from him.</p><p>(3) Unless otherwise agreed the term "letter of credit" or "banker's credit" in a contract for sale means an irrevocable credit issued by a financing agency of good repute and, where the shipment is overseas, of good international repute. The term "confirmed credit" means that the credit must also carry the direct obligation of such an agency which does business in the seller's financial market.</p><p>1964, c. 219.</p>
+8.2|COMMERCIAL CODE - SALES|||3|GENERAL OBLIGATION AND CONSTRUCTION OF CONTRACT|||||||§ 8.2-326|Sale on approval and sale or return; rights of creditors.|<p>(1) Unless otherwise agreed, if delivered goods may be returned by the buyer even though they conform to the contract, the transaction is</p><p>(a) a "sale on approval" if the goods are delivered primarily for use; and</p><p>(b) a "sale or return" if the goods are delivered primarily for resale.</p><p>(2) Goods held on approval are not subject to the claims of the buyer's creditors until acceptance; goods held on sale or return are subject to such claims while in the buyer's possession.</p><p>(3) Any "or return" term of a contract for sale is to be treated as a separate contract for sale within the statute of frauds section of this title (§ <a href='http://law.lis.virginia.gov/vacode/8.2-201/'>8.2-201</a>) and as contradicting the sale aspect of the contract within the provisions of this title on parol or extrinsic evidence (§ <a href='http://law.lis.virginia.gov/vacode/8.2-202/'>8.2-202</a>).</p><p>1964, c. 219; 2000, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?001+ful+CHAP1007'>1007</a>.</p>
+8.2|COMMERCIAL CODE - SALES|||3|GENERAL OBLIGATION AND CONSTRUCTION OF CONTRACT|||||||§ 8.2-327|Special incidents of sale on approval and sale or return.|<p>(1) Under a sale on approval unless otherwise agreed</p><p>(a) although the goods are identified to the contract the risk of loss and the title do not pass to the buyer until acceptance; and</p><p>(b) use of the goods consistent with the purpose of trial is not acceptance but failure seasonably to notify the seller of election to return the goods is acceptance, and if the goods conform to the contract acceptance of any part is acceptance of the whole; and</p><p>(c) after due notification of election to return, the return is at the seller's risk and expense but a merchant buyer must follow any reasonable instructions.</p><p>(2) Under a sale or return unless otherwise agreed</p><p>(a) the option to return extends to the whole or any commercial unit of the goods while in substantially their original condition, but must be exercised seasonably; and</p><p>(b) the return is at the buyer's risk and expense.</p><p>1964, c. 219.</p>
+8.2|COMMERCIAL CODE - SALES|||3|GENERAL OBLIGATION AND CONSTRUCTION OF CONTRACT|||||||§ 8.2-328|Sale by auction.|<p>(1) In a sale by auction if goods are put up in lots each lot is the subject of a separate sale.</p><p>(2) A sale by auction is complete when the auctioneer so announces by the fall of the hammer or in other customary manner. Where a bid is made while the hammer is falling in acceptance of a prior bid the auctioneer may in his discretion reopen the bidding or declare the goods sold under the bid on which the hammer was falling.</p><p>(3) Such a sale is with reserve unless the goods are in explicit terms put up without reserve. In an auction with reserve the auctioneer may withdraw the goods at any time until he announces completion of the sale. In an auction without reserve, after the auctioneer calls for bids on an article or lot, that article or lot cannot be withdrawn unless no bid is made within a reasonable time. In either case a bidder may retract his bid until the auctioneer's announcement of completion of the sale, but a bidder's retraction does not revive any previous bid.</p><p>(4) If the auctioneer knowingly receives a bid on the seller's behalf or the seller makes or procures such a bid, and notice has not been given that liberty for such bidding is reserved, the buyer may at his option avoid the sale or take the goods at the price of the last good faith bid prior to the completion of the sale. This subsection shall not apply to any bid at a forced sale.</p><p>1964, c. 219.</p>
+8.2|COMMERCIAL CODE - SALES|||4|TITLE, CREDITORS AND GOOD FAITH PURCHASERS|||||||§ 8.2-401|Passing of title; reservation for security; limited application of this section.|<p>Each provision of this title with regard to the rights, obligations and remedies of the seller, the buyer, purchasers or other third parties applies irrespective of title to the goods except where the provision refers to such title. Insofar as situations are not covered by the other provisions of this title and matters concerning title become material the following rules apply:</p><p>(1) Title to goods cannot pass under a contract for sale prior to their identification to the contract (§ <a href='http://law.lis.virginia.gov/vacode/8.2-501/'>8.2-501</a>), and unless otherwise explicitly agreed the buyer acquires by their identification a special property as limited by this act. Any retention or reservation by the seller of the title (property) in goods shipped or delivered to the buyer is limited in effect to a reservation of a security interest. Subject to these provisions and to the provisions of the title on secured transactions (Title 8.9A), title to goods passes from the seller to the buyer in any manner and on any conditions explicitly agreed on by the parties.</p><p>(2) Unless otherwise explicitly agreed title passes to the buyer at the time and place at which the seller completes his performance with reference to the physical delivery of the goods, despite any reservation of a security interest and even though a document of title is to be delivered at a different time or place; and in particular and despite any reservation of a security interest by the bill of lading:</p><p>(a) if the contract requires or authorizes the seller to send the goods to the buyer but does not require him to deliver them at destination, title passes to the buyer at the time and place of shipment; but</p><p>(b) if the contract requires delivery at destination, title passes on tender there.</p><p>(3) Unless other explicitly agreed where delivery is to be made without moving the goods,</p><p>(a) if the seller is to deliver a tangible document of title, title passes at the time when and the place where he delivers such documents and if the seller is to deliver an electronic document of title, title passes when the seller delivers the document; or</p><p>(b) if the goods are at the time of contracting already identified and no documents of title are to be delivered, title passes at the time and place of contracting.</p><p>(4) A rejection or other refusal by the buyer to receive or retain the goods, whether or not justified, or a justified revocation of acceptance, revests title to the goods in the seller. Such revesting occurs by operation of law and is not a "sale."</p><p>1964, c. 219; 2004, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?041+ful+CHAP0200'>200</a>.</p>
+8.2|COMMERCIAL CODE - SALES|||4|TITLE, CREDITORS AND GOOD FAITH PURCHASERS|||||||§ 8.2-402|Rights of seller's creditors against sold goods.|<p>(1) Except as provided in subsections (2) and (3), rights of unsecured creditors of the seller with respect to goods which have been identified to a contract for sale are subject to the buyer's rights to recover the goods under this title (§§ <a href='http://law.lis.virginia.gov/vacode/8.2-502/'>8.2-502</a> and <a href='http://law.lis.virginia.gov/vacode/8.2-716/'>8.2-716</a>).</p><p>(2) A creditor of the seller may treat a sale or an identification of goods to a contract for sale as void if as against him a retention of possession by the seller is fraudulent under any rule of law of the state where the goods are situated, except that retention of possession in good faith and current course of trade by a merchant-seller for a commercially reasonable time after a sale or identification is not fraudulent.</p><p>(3) Nothing in this title shall be deemed to impair the rights of creditors of the seller</p><p>(a) under the provisions of the title on secured transactions (Title 8.9A); or</p><p>(b) where identification to the contract or delivery is made not in current course of trade but in satisfaction of or as security for a preexisting claim for money, security or the like and is made under circumstances which under any rule of law of the state where the goods are situated would apart from this title constitute the transaction a fraudulent transfer or voidable preference.</p><p>1964, c. 219.</p>
+8.2|COMMERCIAL CODE - SALES|||4|TITLE, CREDITORS AND GOOD FAITH PURCHASERS|||||||§ 8.2-403|Power to transfer; good faith purchase of goods; "entrusting.".|<p>(1) A purchaser of goods acquires all title which his transferor had or had power to transfer except that a purchaser of a limited interest acquires rights only to the extent of the interest purchased. A person with voidable title has power to transfer a good title to a good faith purchaser for value. When goods have been delivered under a transaction of purchase the purchaser has such power even though</p><p>(a) the transferor was deceived as to the identity of the purchaser, or</p><p>(b) the delivery was in exchange for a check which is later dishonored, or</p><p>(c) it was agreed that the transaction was to be a "cash sale," or</p><p>(d) the delivery was procured through fraud punishable as larcenous under the criminal law.</p><p>(2) Any entrusting of possession of goods to a merchant who deals in goods of that kind gives him power to transfer all rights of the entruster to a buyer in ordinary course of business.</p><p>(3) "Entrusting" includes any delivery and any acquiescence in retention of possession regardless of any condition expressed between the parties to the delivery or acquiescence and regardless of whether the procurement of the entrusting or the possessor's disposition of the goods have been such as to be larcenous under the criminal law.</p><p>(4) The rights of other purchasers of goods and of lien creditors are governed by the titles on secured transactions (Title 8.9A) and documents of title (Title 8.7).</p><p>Code 1950, § 6-558; 1964, c. 219; 1997, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?971+ful+CHAP0121'>121</a>; 2011, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?111+ful+CHAP0369'>369</a>.</p>
+8.2|COMMERCIAL CODE - SALES|||5|PERFORMANCE|||||||§ 8.2-501|Insurable interest in goods; manner of identification of goods.|<p>(1) The buyer obtains a special property and an insurable interest in goods by identification of existing goods as goods to which the contract refers even though the goods so identified are nonconforming and he has an option to return or reject them. Such identification can be made at any time and in any manner explicitly agreed to by the parties. In the absence of explicit agreement identification occurs</p><p>(a) when the contract is made if it is for the sale of goods already existing and identified;</p><p>(b) if the contract is for the sale of future goods other than those described in paragraph (c), when goods are shipped, marked or otherwise designated by the seller as goods to which the contract refers;</p><p>(c) when the crops are planted or otherwise become growing crops or the young are conceived if the contract is for the sale of unborn young to be born within twelve months after contracting or for the sale of crops to be harvested within twelve months or the next normal harvest season after contracting whichever is longer.</p><p>(2) The seller retains an insurable interest in goods so long as title to or any security interest in the goods remains in him and where the identification is by the seller alone he may until default or insolvency or notification to the buyer that the identification is final substitute other goods for those identified.</p><p>(3) Nothing in this section impairs any insurable interest recognized under any other statute or rule of law.</p><p>1964, c. 219.</p>
+8.2|COMMERCIAL CODE - SALES|||5|PERFORMANCE|||||||§ 8.2-502|Buyer's right to goods on seller's repudiation, failure to deliver, or insolvency.|<p>(1) Subject to subsections (2) and (3) and even though the goods have not been shipped a buyer who has paid a part or all of the price of goods in which he has a special property under the provisions of the immediately preceding section (§ <a href='http://law.lis.virginia.gov/vacode/8.2-501/'>8.2-501</a>) may on making and keeping good a tender of any unpaid portion of their price recover them from the seller if:</p><p>(a) in the case of goods bought for personal, family, or household purposes, the seller repudiates or fails to deliver as required by the contract; or</p><p>(b) in all cases, the seller becomes insolvent within ten days after receipt of the first installment on their price.</p><p>(2) The buyer's right to recover the goods under subsection (1) (a) vests upon acquisition of a special property, even if the seller had not then repudiated or failed to deliver.</p><p>(3) If the identification creating his special property has been made by the buyer he acquires the right to recover the goods only if they conform to the contract for sale.</p><p>1964, c. 219; 2000, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?001+ful+CHAP1007'>1007</a>.</p>
+8.2|COMMERCIAL CODE - SALES|||5|PERFORMANCE|||||||§ 8.2-503|Manner of seller's tender of delivery.|<p>(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 title, and in particular:</p><p>(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</p><p>(b) unless otherwise agreed the buyer must furnish facilities reasonably suited to the receipt of the goods.</p><p>(2) Where the case is within the next section [ § <a href='http://law.lis.virginia.gov/vacode/8.2-504/'>8.2-504</a> ] respecting shipment tender requires that the seller comply with its provisions.</p><p>(3) Where the seller is required to deliver at a particular 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.</p><p>(4) Where goods are in the possession of a bailee and are to be delivered without being moved:</p><p>(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</p><p>(b) tender to the buyer 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 Title 8.9A, 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 to obey the direction defeats the tender.</p><p>(5) Where the contract requires the seller to deliver documents:</p><p>(a) he must tender all such documents in correct form, except as provided in this title with respect to bills of lading in a set (subsection (2) of § <a href='http://law.lis.virginia.gov/vacode/8.2-323/'>8.2-323</a>); and</p><p>(b) tender through customary banking channels is sufficient and dishonor of a draft accompanying or associated with the documents constitutes nonacceptance or rejection.</p><p>1964, c. 219; 2004, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?041+ful+CHAP0200'>200</a>.</p>
+8.2|COMMERCIAL CODE - SALES|||5|PERFORMANCE|||||||§ 8.2-504|Shipment by seller.|<p>Where the seller is required or authorized to send the goods to the buyer and the contract does not require him to deliver them at a particular destination, then unless otherwise agreed he must</p><p>(a) put the goods in the possession of such a carrier and make such a contract for their transportation as may be reasonable having regard to the nature of the goods and other circumstances of the case; and</p><p>(b) obtain and promptly deliver or tender in due form any document necessary to enable the buyer to obtain possession of the goods or otherwise required by the agreement or by usage of trade; and</p><p>(c) promptly notify the buyer of the shipment.</p><p>Failure to notify the buyer under paragraph (c) or to make a proper contract under paragraph (a) is a ground for rejection only if material delay or loss ensues.</p><p>1964, c. 219.</p>
+8.2|COMMERCIAL CODE - SALES|||5|PERFORMANCE|||||||§ 8.2-505|Seller's shipment under reservation.|<p>(1) Where the seller has identified goods to the contract by or before shipment:</p><p>(a) his procurement of a negotiable bill of lading to his own order or otherwise reserves in him a security interest in the goods. His procurement of the bill to the order of a financing agency or of the buyer indicates in addition only the seller's expectation of transferring that interest to the person named.</p><p>(b) a nonnegotiable bill of lading to himself or his nominee reserves possession of the goods as security but except in a case of conditional delivery (subsection (2) of § <a href='http://law.lis.virginia.gov/vacode/8.2-507/'>8.2-507</a>) a nonnegotiable bill of lading naming the buyer as consignee reserves no security interest even though the seller retains possession or control of the bill of lading.</p><p>(2) When shipment by the seller with reservation of a security interest is in violation of the contract for sale it constitutes an improper contract for transportation within the preceding section [ § <a href='http://law.lis.virginia.gov/vacode/8.2-504/'>8.2-504</a> ] but impairs neither the rights given to the buyer by shipment and identification of the goods to the contract nor the seller's powers as a holder of a negotiable document of title.</p><p>1964, c. 219; 2004, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?041+ful+CHAP0200'>200</a>.</p>
+8.2|COMMERCIAL CODE - SALES|||5|PERFORMANCE|||||||§ 8.2-506|Rights of financing agency.|<p>(1) A financing agency by paying or purchasing for value a draft which relates to a shipment of goods acquires to the extent of the payment or purchase and in addition to its own rights under the draft and any document of title securing it any rights of the shipper in the goods including the right to stop delivery and the shipper's right to have the draft honored by the buyer.</p><p>(2) The right to reimbursement of a financing agency which has in good faith honored or purchased the draft under commitment to or authority from the buyer is not impaired by subsequent discovery of defects with reference to any relevant document which was apparently regular.</p><p>1964, c. 219; 2004, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?041+ful+CHAP0200'>200</a>.</p>
+8.2|COMMERCIAL CODE - SALES|||5|PERFORMANCE|||||||§ 8.2-507|Effect of seller's tender; delivery on condition.|<p>(1) Tender of delivery is a condition to the buyer's duty to accept the goods and, unless otherwise agreed, to his duty to pay for them. Tender entitles the seller to acceptance of the goods and to payment according to the contract.</p><p>(2) Where payment is due and demanded on the delivery to the buyer of goods or documents of title, his right as against the seller to retain or dispose of them is conditional upon his making the payment due.</p><p>1964, c. 219.</p>
+8.2|COMMERCIAL CODE - SALES|||5|PERFORMANCE|||||||§ 8.2-508|Cure by seller of improper tender or delivery; replacement.|<p>(1) Where any tender or delivery by the seller is rejected because nonconforming and the time for performance has not yet expired, the seller may seasonably notify the buyer of his intention to cure and may then within the contract time make a conforming delivery.</p><p>(2) Where the buyer rejects a nonconforming tender which the seller had reasonable grounds to believe would be acceptable with or without money allowance the seller may if he seasonably notifies the buyer have a further reasonable time to substitute a conforming tender.</p><p>1964, c. 219.</p>
+8.2|COMMERCIAL CODE - SALES|||5|PERFORMANCE|||||||§ 8.2-509|Risk of loss in the absence of breach.|<p>(1) Where the contract requires or authorizes the seller to ship the goods by carrier:</p><p>(a) if it does not require him to deliver them at a particular destination, the risk of loss passes to the buyer when the goods are duly delivered to the carrier even though the shipment is under reservation (§ <a href='http://law.lis.virginia.gov/vacode/8.2-505/'>8.2-505</a>); but</p><p>(b) if it does require him to deliver them at a particular destination and the goods are there duly tendered while in the possession of the carrier, the risk of loss passes to the buyer when the goods are there duly so tendered as to enable the buyer to take delivery.</p><p>(2) Where the goods are held by a bailee to be delivered without being moved, the risk of loss passes to the buyer:</p><p>(a) on his receipt of possession or control of a negotiable document of title covering the goods; or</p><p>(b) on acknowledgement by the bailee of the buyer's right to possession of the goods; or</p><p>(c) after his receipt of possession or control of a nonnegotiable document of title or other direction to deliver in a record, as provided in subsection (4) (b) of § <a href='http://law.lis.virginia.gov/vacode/8.2-503/'>8.2-503</a>.</p><p>(3) In any case not within subsection (1) or (2), the risk of loss passes to the buyer on his receipt of the goods if the seller is a merchant; otherwise the risk passes to the buyer on tender of delivery.</p><p>(4) The provisions of this section are subject to contrary agreement of the parties and to the provisions of this title on sale on approval (§ <a href='http://law.lis.virginia.gov/vacode/8.2-327/'>8.2-327</a>) and on effect of breach on risk of loss (§ <a href='http://law.lis.virginia.gov/vacode/8.2-510/'>8.2-510</a>).</p><p>1964, c. 219; 2004, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?041+ful+CHAP0200'>200</a>.</p>
+8.2|COMMERCIAL CODE - SALES|||5|PERFORMANCE|||||||§ 8.2-510|Effect of breach on risk of loss.|<p>(1) Where a tender or delivery of goods so fails to conform to the contract as to give a right of rejection the risk of their loss remains on the seller until cure or acceptance.</p><p>(2) Where the buyer rightfully revokes acceptance he may to the extent of any deficiency in his effective insurance coverage treat the risk of loss as having rested on the seller from the beginning.</p><p>(3) Where the buyer as to conforming goods already identified to the contract for sale repudiates or is otherwise in breach before risk of their loss has passed to him, the seller may to the extent of any deficiency in his effective insurance coverage treat the risk of loss as resting on the buyer for a commercially reasonable time.</p><p>1964, c. 219.</p>
+8.2|COMMERCIAL CODE - SALES|||5|PERFORMANCE|||||||§ 8.2-511|Tender of payment by buyer; payment by check.|<p>(1) Unless otherwise agreed tender of payment is a condition to the seller's duty to tender and complete any delivery.</p><p>(2) Tender of payment is sufficient when made by any means or in any manner current in the ordinary course of business unless the seller demands payment in legal tender and gives any extension of time reasonably necessary to procure it.</p><p>(3) Subject to the provisions of this act on the effect of an instrument on an obligation (§ <a href='http://law.lis.virginia.gov/vacode/8.3A-310/'>8.3A-310</a>), payment by check is conditional and is defeated as between the parties by dishonor of the check on due presentment.</p><p>1964, c. 219; 1992, c. 693.</p>
+8.2|COMMERCIAL CODE - SALES|||5|PERFORMANCE|||||||§ 8.2-512|Payment by buyer before inspection.|<p>(1) Where the contract requires payment before inspection nonconformity of the goods does not excuse the buyer from so making payment unless</p><p>(a) the nonconformity appears without inspection; or</p><p>(b) despite tender of the required documents the circumstances would justify injunction against honor under § <a href='http://law.lis.virginia.gov/vacode/8.5A-109/'>8.5A-109</a> (b).</p><p>(2) Payment pursuant to subsection (1) does not constitute an acceptance of goods or impair the buyer's right to inspect or any of his remedies.</p><p>1964, c. 219; 1997, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?971+ful+CHAP0343'>343</a>.</p>
+8.2|COMMERCIAL CODE - SALES|||5|PERFORMANCE|||||||§ 8.2-513|Buyer's right to inspection of goods.|<p>(1) Unless otherwise agreed and subject to subsection (3), where goods are tendered or delivered or identified to the contract for sale, the buyer has a right before payment or acceptance to inspect them at any reasonable place and time and in any reasonable manner. When the seller is required or authorized to send the goods to the buyer, the inspection may be after their arrival.</p><p>(2) Expenses of inspection must be borne by the buyer but may be recovered from the seller if the goods do not conform and are rejected.</p><p>(3) Unless otherwise agreed and subject to the provisions of this title on C.I.F. contracts (subsection (3) of § <a href='http://law.lis.virginia.gov/vacode/8.2-321/'>8.2-321</a>), the buyer is not entitled to inspect the goods before payment of the price when the contract provides</p><p>(a) for delivery "C.O.D." or on other like terms; or</p><p>(b) for payment against documents of title, except where such payment is due only after the goods are to become available for inspection.</p><p>(4) A place or method of inspection fixed by the parties is presumed to be exclusive but unless otherwise expressly agreed it does not postpone identification or shift the place for delivery or for passing the risk of loss. If compliance becomes impossible, inspection shall be as provided in this section unless the place or method fixed was clearly intended as an indispensable condition failure of which avoids the contract.</p><p>1964, c. 219.</p>
+8.2|COMMERCIAL CODE - SALES|||5|PERFORMANCE|||||||§ 8.2-514|When documents deliverable on acceptance; when on payment.|<p>Unless otherwise agreed documents against which a draft is drawn are to be delivered to the drawee on acceptance of the draft if it is payable more than three days after presentment; otherwise, only on payment.</p><p>1964, c. 219.</p>
+8.2|COMMERCIAL CODE - SALES|||5|PERFORMANCE|||||||§ 8.2-515|Preserving evidence of goods in dispute.|<p>In furtherance of the adjustment of any claim or dispute</p><p>(a) either party on reasonable notification to the other and for the purpose of ascertaining the facts and preserving evidence has the right to inspect, test and sample the goods including such of them as may be in the possession or control of the other; and</p><p>(b) the parties may agree to a third party inspection or survey to determine the conformity or condition of the goods and may agree that the findings shall be binding upon them in any subsequent litigation or adjustment.</p><p>1964, c. 219.</p>
+8.2|COMMERCIAL CODE - SALES|||6|BREACH, REPUDIATION AND EXCUSE|||||||§ 8.2-601|Buyer's rights on improper delivery.|<p>Subject to the provisions of this title on breach in installment contracts (§ <a href='http://law.lis.virginia.gov/vacode/8.2-612/'>8.2-612</a>) and unless otherwise agreed under the sections on contractual limitations of remedy (§§ <a href='http://law.lis.virginia.gov/vacode/8.2-718/'>8.2-718</a> and <a href='http://law.lis.virginia.gov/vacode/8.2-719/'>8.2-719</a>), if the goods or the tender of delivery fail in any respect to conform to the contract, the buyer may</p><p>(a) reject the whole; or</p><p>(b) accept the whole; or</p><p>(c) accept any commercial unit or units and reject the rest.</p><p>1964, c. 219.</p>
+8.2|COMMERCIAL CODE - SALES|||6|BREACH, REPUDIATION AND EXCUSE|||||||§ 8.2-602|Manner and effect of rightful rejection.|<p>(1) Rejection of goods must be within a reasonable time after their delivery or tender. It is ineffective unless the buyer seasonably notifies the seller.</p><p>(2) Subject to the provisions of the two following sections on rejected goods (§§ <a href='http://law.lis.virginia.gov/vacode/8.2-603/'>8.2-603</a> and <a href='http://law.lis.virginia.gov/vacode/8.2-604/'>8.2-604</a>),</p><p>(a) after rejection any exercise of ownership by the buyer with respect to any commercial unit is wrongful as against the seller; and</p><p>(b) if the buyer has before rejection taken physical possession of goods in which he does not have a security interest under the provisions of this title (subsection (3) of § <a href='http://law.lis.virginia.gov/vacode/8.2-711/'>8.2-711</a>), he is under a duty after rejection to hold them with reasonable care at the seller's disposition for a time sufficient to permit the seller to remove them; but</p><p>(c) the buyer has no further obligations with regard to goods rightfully rejected.</p><p>(3) The seller's rights with respect to goods wrongfully rejected are governed by the provisions of this title on seller's remedies in general (§ <a href='http://law.lis.virginia.gov/vacode/8.2-703/'>8.2-703</a>).</p><p>1964, c. 219.</p>
+8.2|COMMERCIAL CODE - SALES|||6|BREACH, REPUDIATION AND EXCUSE|||||||§ 8.2-603|Merchant buyer's duties as to rightfully rejected goods.|<p>(1) Subject to any security interest in the buyer (subsection (3) of § <a href='http://law.lis.virginia.gov/vacode/8.2-711/'>8.2-711</a>), when the seller has no agent or place of business at the market of rejection a merchant buyer is under a duty after rejection of goods in his possession or control to follow any reasonable instructions received from the seller with respect to the goods and in the absence of such instructions to make reasonable efforts to sell them for the seller's account if they are perishable or threaten to decline in value speedily. Instructions are not reasonable if on demand indemnity for expenses is not forthcoming.</p><p>(2) When the buyer sells goods under subsection (1), he is entitled to reimbursement from the seller or out of the proceeds for reasonable expenses of caring for and selling them, and if the expenses include no selling commission then to such commission as is usual in the trade or if there is none to a reasonable sum not exceeding ten per cent on the gross proceeds.</p><p>(3) In complying with this section the buyer is held only to good faith and good faith conduct hereunder is neither acceptance nor conversion nor the basis of an action for damages.</p><p>1964, c. 219.</p>
+8.2|COMMERCIAL CODE - SALES|||6|BREACH, REPUDIATION AND EXCUSE|||||||§ 8.2-604|Buyer's options as to salvage of rightfully rejected goods.|<p>Subject to the provisions of the immediately preceding section [§ <a href='http://law.lis.virginia.gov/vacode/8.2-603/'>8.2-603</a>] on perishables if the seller gives no instructions within a reasonable time after notification of rejection the buyer may store the rejected goods for the seller's account or reship them to him or resell them for the seller's account with reimbursement as provided in the preceding section. Such action is not acceptance or conversion.</p><p>1964, c. 219.</p>
+8.2|COMMERCIAL CODE - SALES|||6|BREACH, REPUDIATION AND EXCUSE|||||||§ 8.2-605|Waiver of buyer's objections by failure to particularize.|<p>(1) The buyer's failure to state in connection with rejection a particular defect which is ascertainable by reasonable inspection precludes him from relying on the unstated defect to justify rejection or to establish breach:</p><p>(a) where the seller could have cured it if stated seasonably; or</p><p>(b) between merchants when the seller has after rejection made a request in writing for a full and final written statement of all defects on which the buyer proposes to rely.</p><p>(2) Payment against documents made without reservation of rights precludes recovery of the payment for defects apparent in the documents.</p><p>1964, c. 219; 2004, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?041+ful+CHAP0200'>200</a>.</p>
+8.2|COMMERCIAL CODE - SALES|||6|BREACH, REPUDIATION AND EXCUSE|||||||§ 8.2-606|What constitutes acceptance of goods.|<p>(1) Acceptance of goods occurs when the buyer</p><p>(a) after a reasonable opportunity to inspect the goods signifies to the seller that the goods are conforming or that he will take or retain them in spite of their nonconformity; or</p><p>(b) fails to make an effective rejection (subsection (1) of § <a href='http://law.lis.virginia.gov/vacode/8.2-602/'>8.2-602</a>), but such acceptance does not occur until the buyer has had a reasonable opportunity to inspect them; or</p><p>(c) does any act inconsistent with the seller's ownership; but if such act is wrongful as against the seller it is an acceptance only if ratified by him.</p><p>(2) Acceptance of a part of any commercial unit is acceptance of that entire unit.</p><p>1964, c. 219.</p>
+8.2|COMMERCIAL CODE - SALES|||6|BREACH, REPUDIATION AND EXCUSE|||||||§ 8.2-607|Effect of acceptance; notice of breach; burden of establishing breach after acceptance; notice of claim or litigation to person answerable over.|<p>(1) The buyer must pay at the contract rate for any goods accepted.</p><p>(2) Acceptance of goods by the buyer precludes rejection of the goods accepted and if made with knowledge of a nonconformity cannot be revoked because of it unless the acceptance was on the reasonable assumption that the nonconformity would be seasonably cured but acceptance does not of itself impair any other remedy provided by this title for nonconformity.</p><p>(3) Where a tender has been accepted</p><p>(a) the buyer must within a reasonable time after he discovers or should have discovered any breach notify the seller of breach or be barred from any remedy; and</p><p>(b) if the claim is one for infringement or the like (subsection (3) of § <a href='http://law.lis.virginia.gov/vacode/8.2-312/'>8.2-312</a>) and the buyer is sued as a result of such a breach he must so notify the seller within a reasonable time after he receives notice of the litigation or be barred from any remedy over for liability established by the litigation.</p><p>(4) The burden is on the buyer to establish any breach with respect to the goods accepted.</p><p>(5) Where the buyer is sued for breach of a warranty or other obligation for which his seller is answerable over</p><p>(a) he may give his seller written notice of the litigation. If the notice states that the seller may come in and defend and that if the seller does not do so he will be bound in any action against him by his buyer by any determination of fact common to the two litigations, then unless the seller after seasonable receipt of the notice does come in and defend he is so bound.</p><p>(b) if the claim is one for infringement or the like (subsection (3) of § <a href='http://law.lis.virginia.gov/vacode/8.2-312/'>8.2-312</a>) the original seller may demand in writing that his buyer turn over to him control of the litigation including settlement or else be barred from any remedy over and if he also agrees to bear all expense and to satisfy any adverse judgment, then unless the buyer after seasonable receipt of the demand does turn over control the buyer is so barred.</p><p>(6) The provisions of subsections (3), (4) and (5) apply to any obligation of a buyer to hold the seller harmless against infringement or the like (subsection (3) of § <a href='http://law.lis.virginia.gov/vacode/8.2-312/'>8.2-312</a>).</p><p>1964, c. 219.</p>
+8.2|COMMERCIAL CODE - SALES|||6|BREACH, REPUDIATION AND EXCUSE|||||||§ 8.2-608|Revocation of acceptance in whole or in part.|<p>(1) The buyer may revoke his acceptance of a lot or commercial unit whose non-conformity substantially impairs its value to him if he has accepted it</p><p>(a) on the reasonable assumption that its nonconformity would be cured and it has not been seasonably cured; or</p><p>(b) without discovery of such nonconformity if his acceptance was reasonably induced either by the difficulty of discovery before acceptance or by the seller's assurances.</p><p>(2) Revocation of acceptance must occur within a reasonable time after the buyer discovers or should have discovered the ground for it and before any substantial change in condition of the goods which is not caused by their own defects. It is not effective until the buyer notifies the seller of it.</p><p>(3) A buyer who so revokes has the same rights and duties with regard to the goods involved as if he had rejected them.</p><p>1964, c. 219.</p>
+8.2|COMMERCIAL CODE - SALES|||6|BREACH, REPUDIATION AND EXCUSE|||||||§ 8.2-609|Right to adequate assurance of performance.|<p>(1) A contract for sale imposes an obligation on each party that the other's expectation of receiving due performance will not be impaired. When reasonable grounds for insecurity arise with respect to the performance of either party the other may in writing demand adequate assurance of due performance and until he receives such assurance may if commercially reasonable suspend any performance for which he has not already received the agreed return.</p><p>(2) Between merchants the reasonableness of grounds for insecurity and the adequacy of any assurance offered shall be determined according to commercial standards.</p><p>(3) Acceptance of any improper delivery or payment does not prejudice the aggrieved party's right to demand adequate assurance of future performance.</p><p>(4) After receipt of a justified demand failure to provide within a reasonable time not exceeding thirty days such assurance of due performance as is adequate under the circumstances of the particular case is a repudiation of the contract.</p><p>1964, c. 219.</p>
+8.2|COMMERCIAL CODE - SALES|||6|BREACH, REPUDIATION AND EXCUSE|||||||§ 8.2-610|Anticipatory repudiation.|<p>When either party repudiates the contract with respect to a performance not yet due the loss of which will substantially impair the value of the contract to the other, the aggrieved party may</p><p>(a) for a commercially reasonable time await performance by the repudiating party; or</p><p>(b) resort to any remedy for breach (§ <a href='http://law.lis.virginia.gov/vacode/8.2-703/'>8.2-703</a> or § <a href='http://law.lis.virginia.gov/vacode/8.2-711/'>8.2-711</a>), even though he has notified the repudiating party that he would await the latter's performance and has urged retraction; and</p><p>(c) in either case suspend his own performance or proceed in accordance with the provisions of this title on the seller's right to identify goods to the contract notwithstanding breach or to salvage unfinished goods (§ <a href='http://law.lis.virginia.gov/vacode/8.2-704/'>8.2-704</a>).</p><p>1964, c. 219.</p>
+8.2|COMMERCIAL CODE - SALES|||6|BREACH, REPUDIATION AND EXCUSE|||||||§ 8.2-611|Retraction of anticipatory repudiation.|<p>(1) Until the repudiating party's next performance is due he can retract his repudiation unless the aggrieved party has since the repudiation cancelled or materially changed his position or otherwise indicated that he considers the repudiation final.</p><p>(2) Retraction may be by any method which clearly indicates to the aggrieved party that the repudiating party intends to perform, but must include any assurance justifiably demanded under the provisions of this title (§ <a href='http://law.lis.virginia.gov/vacode/8.2-609/'>8.2-609</a>).</p><p>(3) Retraction reinstates the repudiating party's rights under the contract with due excuse and allowance to the aggrieved party for any delay occasioned by the repudiation.</p><p>1964, c. 219.</p>
+8.2|COMMERCIAL CODE - SALES|||6|BREACH, REPUDIATION AND EXCUSE|||||||§ 8.2-612|"Installment contract"; breach.|<p>(1) An "installment contract" is one which requires or authorizes the delivery of goods in separate lots to be separately accepted, even though the contract contains a clause "each delivery is a separate contract" or its equivalent.</p><p>(2) The buyer may reject any installment which is nonconforming if the nonconformity substantially impairs the value of that installment and cannot be cured or if the nonconformity is a defect in the required documents; but if the nonconformity does not fall within subsection (3) and the seller gives adequate assurance of its cure the buyer must accept that installment.</p><p>(3) Whenever nonconformity or default with respect to one or more installments substantially impairs the value of the whole contract there is a breach of the whole. But the aggrieved party reinstates the contract if he accepts a nonconforming installment without seasonably notifying of cancellation or if he brings an action with respect only to past installments or demands performance as to future installments.</p><p>1964, c. 219.</p>
+8.2|COMMERCIAL CODE - SALES|||6|BREACH, REPUDIATION AND EXCUSE|||||||§ 8.2-613|Casualty to identified goods.|<p>Where the contract requires for its performance goods identified when the contract is made, and the goods suffer casualty without fault of either party before the risk of loss passes to the buyer, or in a proper case under a "no arrival, no sale" term (§ <a href='http://law.lis.virginia.gov/vacode/8.2-324/'>8.2-324</a>) then</p><p>(a) if the loss is total the contract is avoided; and</p><p>(b) if the loss is partial or the goods have so deteriorated as no longer to conform to the contract the buyer may nevertheless demand inspection and at his option either treat the contract as avoided or accept the goods with due allowance from the contract price for the deterioration or the deficiency in quantity but without further right against the seller.</p><p>1964, c. 219.</p>
+8.2|COMMERCIAL CODE - SALES|||6|BREACH, REPUDIATION AND EXCUSE|||||||§ 8.2-614|Substituted performance.|<p>(1) Where without fault of either party the agreed berthing, loading, or unloading facilities fail or an agreed type of carrier becomes unavailable or the agreed manner of delivery otherwise becomes commercially impracticable but a commercially reasonable substitute is available, such substitute performance must be tendered and accepted.</p><p>(2) If the agreed means or manner of payment fails because of domestic or foreign governmental regulation, the seller may withhold or stop delivery unless the buyer provides a means or manner of payment which is commercially a substantial equivalent. If delivery has already been taken, payment by the means or in the manner provided by the regulation discharges the buyer's obligation unless the regulation is discriminatory, oppressive or predatory.</p><p>1964, c. 219.</p>
+8.2|COMMERCIAL CODE - SALES|||6|BREACH, REPUDIATION AND EXCUSE|||||||§ 8.2-615|Excuse by failure of presupposed conditions.|<p>Except so far as a seller may have assumed a greater obligation and subject to the preceding section [ § <a href='http://law.lis.virginia.gov/vacode/8.2-614/'>8.2-614</a> ] on substituted performance:</p><p>(a) Delay in delivery or nondelivery in whole or in part by a seller who complies with paragraphs (b) and (c) is not a breach of his duty under a contract for sale if performance as agreed has been made impracticable by the occurrence of a contingency the nonoccurrence of which was a basic assumption on which the contract was made or by compliance in good faith with any applicable foreign or domestic governmental regulation or order whether or not it later proves to be invalid.</p><p>(b) Where the causes mentioned in paragraph (a) affect only a part of the seller's capacity to perform, he must allocate production and deliveries among his customers but may at his option include regular customers not then under contract as well as his own requirements for further manufacture. He may so allocate in any manner which is fair and reasonable.</p><p>(c) The seller must notify the buyer seasonably that there will be delay or nondelivery and, when allocation is required under paragraph (b), of the estimated quota thus made available for the buyer.</p><p>1964, c. 219.</p>
+8.2|COMMERCIAL CODE - SALES|||6|BREACH, REPUDIATION AND EXCUSE|||||||§ 8.2-616|Procedure on notice claiming excuse.|<p>(1) Where the buyer receives notification of a material or indefinite delay or an allocation justified under the preceding section [§ <a href='http://law.lis.virginia.gov/vacode/8.2-615/'>8.2-615</a>] he may by written notification to the seller as to any delivery concerned, and where the prospective deficiency substantially impairs the value of the whole contract under the provisions of this title relating to breach of installment contracts (§ <a href='http://law.lis.virginia.gov/vacode/8.2-612/'>8.2-612</a>), then also as to the whole,</p><p>(a) terminate and thereby discharge any unexecuted portion of the contract; or</p><p>(b) modify the contract by agreeing to take his available quota in substitution.</p><p>(2) If after receipt of such notification from the seller the buyer fails so to modify the contract within a reasonable time not exceeding thirty days the contract lapses with respect to any deliveries affected.</p><p>(3) The provisions of this section may not be negated by agreement except in so far as the seller has assumed a greater obligation under the preceding section [§ <a href='http://law.lis.virginia.gov/vacode/8.2-615/'>8.2-615</a>].</p><p>1964, c. 219.</p>
+8.2|COMMERCIAL CODE - SALES|||7|REMEDIES|||||||§ 8.2-701|Remedies for breach of collateral contracts not impaired.|<p>Remedies for breach of any obligation or promise collateral or ancillary to a contract for sale are not impaired by the provisions of this title.</p><p>1964, c. 219.</p>
+8.2|COMMERCIAL CODE - SALES|||7|REMEDIES|||||||§ 8.2-702|Seller's remedies on discovery of buyer's insolvency.|<p>(1) Where the seller discovers the buyer to be insolvent he may refuse delivery except for cash including payment for all goods theretofore delivered under the contract, and stop delivery under this title (§ <a href='http://law.lis.virginia.gov/vacode/8.2-705/'>8.2-705</a>).</p><p>(2) Where the seller discovers that the buyer has received goods on credit while insolvent he may reclaim the goods upon demand made within ten days after the receipt, but if misrepresentation of solvency has been made to the particular seller in writing within three months before delivery the ten day limitation does not apply. Except as provided in this subsection the seller may not base a right to reclaim goods on the buyer's fraudulent or innocent misrepresentation of solvency or of intent to pay.</p><p>(3) The seller's right to reclaim under subsection (2) is subject to the rights of a buyer in ordinary course or other good faith purchaser or lien creditor under this title (§ <a href='http://law.lis.virginia.gov/vacode/8.2-403/'>8.2-403</a>). Successful reclamation of goods excludes all other remedies with respect to them.</p><p>1964, c. 219.</p>
+8.2|COMMERCIAL CODE - SALES|||7|REMEDIES|||||||§ 8.2-703|Seller's remedies in general.|<p>Where the buyer wrongfully rejects or revokes acceptance of goods or fails to make a payment due on or before delivery or repudiates with respect to a part or the whole, then with respect to any goods directly affected and, if the breach is of the whole contract (§ <a href='http://law.lis.virginia.gov/vacode/8.2-612/'>8.2-612</a>), then also with respect to the whole undelivered balance, the aggrieved seller may</p><p>(a) withhold delivery of such goods;</p><p>(b) stop delivery by any bailee as hereafter provided (§ <a href='http://law.lis.virginia.gov/vacode/8.2-705/'>8.2-705</a>);</p><p>(c) proceed under the next section [§ <a href='http://law.lis.virginia.gov/vacode/8.2-704/'>8.2-704</a>] respecting goods still unidentified to the contract;</p><p>(d) resell and recover damages as hereafter provided (§ <a href='http://law.lis.virginia.gov/vacode/8.2-706/'>8.2-706</a>);</p><p>(e) recover damages for nonacceptance (§ <a href='http://law.lis.virginia.gov/vacode/8.2-708/'>8.2-708</a>) or in a proper case the price (§ <a href='http://law.lis.virginia.gov/vacode/8.2-709/'>8.2-709</a>);</p><p>(f) cancel.</p><p>1964, c. 219.</p>
+8.2|COMMERCIAL CODE - SALES|||7|REMEDIES|||||||§ 8.2-704|Seller's right to identify goods to the contract notwithstanding breach or to salvage unfinished goods.|<p>(1) An aggrieved seller under the preceding section [§ <a href='http://law.lis.virginia.gov/vacode/8.2-703/'>8.2-703</a>] may</p><p>(a) identify to the contract conforming goods not already identified if at the time he learned of the breach they are in his possession or control;</p><p>(b) treat as the subject of resale goods which have demonstrably been intended for the particular contract even though those goods are unfinished.</p><p>(2) Where the goods are unfinished an aggrieved seller may in the exercise of reasonable commercial judgment for the purposes of avoiding loss and of effective realization either complete the manufacture and wholly identify the goods to the contract or cease manufacture and resell for scrap or salvage value or proceed in any other reasonable manner.</p><p>1964, c. 219.</p>
+8.2|COMMERCIAL CODE - SALES|||7|REMEDIES|||||||§ 8.2-705|Seller's stoppage of delivery in transit or otherwise.|<p>(1) The seller may stop delivery of goods in the possession of a carrier or other bailee when he discovers the buyer to be insolvent (§ <a href='http://law.lis.virginia.gov/vacode/8.2-702/'>8.2-702</a>) and may stop delivery of carload, truckload, planeload or larger shipments of express or freight when the buyer repudiates or fails to make a payment due before delivery or if for any other reason the seller has a right to withhold or reclaim the goods.</p><p>(2) As against such buyer the seller may stop delivery until:</p><p>(a) receipt of the goods by the buyer; or</p><p>(b) acknowledgment to the buyer by any bailee of the goods except a carrier that the bailee holds the goods for the buyer; or</p><p>(c) such acknowledgment to the buyer by a carrier by reshipment or as a warehouse; or</p><p>(d) negotiation to the buyer of any negotiable document of title covering the goods.</p><p>(3) (a) To stop delivery the seller must so notify as to enable the bailee by reasonable diligence to prevent delivery of the goods.</p><p>(b) After such notification the bailee must hold and deliver the goods according to the directions of the seller but the seller is liable to the bailee for any ensuing charges or damages.</p><p>(c) If a negotiable document of title has been issued for goods the bailee is not obliged to obey a notification to stop until surrender of possession or control of the document.</p><p>(d) A carrier who has issued a nonnegotiable bill of lading is not obliged to obey a notification to stop received from a person other than the consignor.</p><p>1964, c. 219; 2004, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?041+ful+CHAP0200'>200</a>.</p>
+8.2|COMMERCIAL CODE - SALES|||7|REMEDIES|||||||§ 8.2-706|Seller's resale including contract for resale.|<p>(1) Under the conditions stated in § <a href='http://law.lis.virginia.gov/vacode/8.2-703/'>8.2-703</a> on seller's remedies, the seller may resell the goods concerned or the undelivered balance thereof. Where the resale is made in good faith and in a commercially reasonable manner the seller may recover the difference between the resale price and the contract price together with any incidental damages allowed under the provisions of this title (§ <a href='http://law.lis.virginia.gov/vacode/8.2-710/'>8.2-710</a>), but less expenses saved in consequence of the buyer's breach.</p><p>(2) Except as otherwise provided in subsection (3) or unless otherwise agreed resale may be at public or private sale including sale by way of one or more contracts to sell or of identification to an existing contract of the seller. Sale may be as a unit or in parcels and at any time and place and on any terms but every aspect of the sale including the method, manner, time, place and terms must be commercially reasonable. The resale must be reasonably identified as referring to the broken contract, but it is not necessary that the goods be in existence or that any or all of them have been identified to the contract before the breach.</p><p>(3) Where the resale is at private sale the seller must give the buyer reasonable notification of his intention to resell.</p><p>(4) Where the resale is at public sale</p><p>(a) only identified goods can be sold except where there is a recognized market for a public sale of futures in goods of the kind; and</p><p>(b) it must be made at a usual place or market for public sale if one is reasonably available and except in the case of goods which are perishable or threaten to decline in value speedily the seller must give the buyer reasonable notice of the time and place of the resale; and</p><p>(c) if the goods are not to be within the view of those attending the sale the notification of sale must state the place where the goods are located and provide for their reasonable inspection by prospective bidders; and</p><p>(d) the seller may buy.</p><p>(5) A purchaser who buys in good faith at a resale takes the goods free of any rights of the original buyer even though the seller fails to comply with one or more of the requirements of this section.</p><p>(6) The seller is not accountable to the buyer for any profit made on any resale. A person in the position of a seller (§ <a href='http://law.lis.virginia.gov/vacode/8.2-707/'>8.2-707</a>) or a buyer who has rightfully rejected or justifiably revoked acceptance must account for any excess over the amount of his security interest, as hereinafter defined (subsection (3) of § <a href='http://law.lis.virginia.gov/vacode/8.2-711/'>8.2-711</a>).</p><p>1964, c. 219.</p>
+8.2|COMMERCIAL CODE - SALES|||7|REMEDIES|||||||§ 8.2-707|"Person in the position of a seller.".|<p>(1) A "person in the position of a seller" includes as against a principal an agent who has paid or become responsible for the price of goods on behalf of his principal or anyone who otherwise holds a security interest or other right in goods similar to that of a seller.</p><p>(2) A person in the position of a seller may as provided in this title withhold or stop delivery (§ <a href='http://law.lis.virginia.gov/vacode/8.2-705/'>8.2-705</a>) and resell (§ <a href='http://law.lis.virginia.gov/vacode/8.2-706/'>8.2-706</a>) and recover incidental damages (§ <a href='http://law.lis.virginia.gov/vacode/8.2-710/'>8.2-710</a>).</p><p>1964, c. 219.</p>
+8.2|COMMERCIAL CODE - SALES|||7|REMEDIES|||||||§ 8.2-708|Seller's damages for nonacceptance or repudiation.|<p>(1) Subject to subsection (2) and to the provisions of this title with respect to proof of market price (§ <a href='http://law.lis.virginia.gov/vacode/8.2-723/'>8.2-723</a>), the measure of damages for nonacceptance or repudiation by the buyer is the difference between the market price at the time and place for tender and the unpaid contract price together with any incidental damages provided in this title (§ <a href='http://law.lis.virginia.gov/vacode/8.2-710/'>8.2-710</a>), but less expenses saved in consequence of the buyer's breach.</p><p>(2) If the measure of damages provided in subsection (1) is inadequate to put the seller in as good a position as performance would have done then the measure of damages is the profit (including reasonable overhead) which the seller would have made from full performance by the buyer, together with any incidental damages provided in this title (§ <a href='http://law.lis.virginia.gov/vacode/8.2-710/'>8.2-710</a>), due allowance for costs reasonably incurred and due credit for payments or proceeds of resale.</p><p>1964, c. 219.</p>
+8.2|COMMERCIAL CODE - SALES|||7|REMEDIES|||||||§ 8.2-709|Action for the price.|<p>(1) When the buyer fails to pay the price as it becomes due the seller may recover, together with any incidental damages under the next section [§ <a href='http://law.lis.virginia.gov/vacode/8.2-710/'>8.2-710</a>], the price</p><p>(a) of goods accepted or of conforming goods lost or damaged within a commercially reasonable time after risk of their loss has passed to the buyer; and</p><p>(b) of goods identified to the contract if the seller is unable after reasonable effort to resell them at a reasonable price or the circumstances reasonably indicate that such effort will be unavailing.</p><p>(2) Where the seller sues for the price he must hold for the buyer any goods which have been identified to the contract and are still in his control except that if resale becomes possible he may resell them at any time prior to the collection of the judgment. The net proceeds of any such resale must be credited to the buyer and payment of the judgment entitles him to any goods not resold.</p><p>(3) After the buyer has wrongfully rejected or revoked acceptance of the goods or has failed to make a payment due or has repudiated (§ <a href='http://law.lis.virginia.gov/vacode/8.2-610/'>8.2-610</a>), a seller who is held not entitled to the price under this section shall nevertheless be awarded damages for nonacceptance under the preceding section [§ <a href='http://law.lis.virginia.gov/vacode/8.2-708/'>8.2-708</a>].</p><p>1964, c. 219.</p>
+8.2|COMMERCIAL CODE - SALES|||7|REMEDIES|||||||§ 8.2-710|Seller's incidental damages.|<p>Incidental damages to an aggrieved seller include any commercially reasonable charges, expenses or commissions incurred in stopping delivery, in the transportation, care and custody of goods after the buyer's breach, in connection with return or resale of the goods or otherwise resulting from the breach.</p><p>1964, c. 219.</p>
+8.2|COMMERCIAL CODE - SALES|||7|REMEDIES|||||||§ 8.2-711|Buyer's remedies in general; buyer's security interest in rejected goods.|<p>(1) Where the seller fails to make delivery or repudiates or the buyer rightfully rejects or justifiably revokes acceptance then with respect to any goods involved, and with respect to the whole if the breach goes to the whole contract (§ <a href='http://law.lis.virginia.gov/vacode/8.2-612/'>8.2-612</a>), the buyer may cancel and whether or not he has done so may in addition to recovering so much of the price as has been paid</p><p>(a) "cover" and have damages under the next section [§ <a href='http://law.lis.virginia.gov/vacode/8.2-712/'>8.2-712</a>] as to all the goods affected whether or not they have been identified to the contract; or</p><p>(b) recover damages for nondelivery as provided in this title (§ <a href='http://law.lis.virginia.gov/vacode/8.2-713/'>8.2-713</a>).</p><p>(2) Where the seller fails to deliver or repudiates the buyer may also</p><p>(a) if the goods have been identified recover them as provided in this title (§ <a href='http://law.lis.virginia.gov/vacode/8.2-502/'>8.2-502</a>); or</p><p>(b) in a proper case obtain specific performance or replevy the goods as provided in this title (§ <a href='http://law.lis.virginia.gov/vacode/8.2-716/'>8.2-716</a>).</p><p>(3) On rightful rejection or justifiable revocation of acceptance a buyer has a security interest in goods in his possession or control for any payments made on their price and any expenses reasonably incurred in their inspection, receipt, transportation, care and custody and may hold such goods and resell them in like manner as an aggrieved seller (§ <a href='http://law.lis.virginia.gov/vacode/8.2-706/'>8.2-706</a>).</p><p>1964, c. 219.</p>
+8.2|COMMERCIAL CODE - SALES|||7|REMEDIES|||||||§ 8.2-712|"Cover"; buyer's procurement of substitute goods.|<p>(1) After a breach within the preceding section [§ <a href='http://law.lis.virginia.gov/vacode/8.2-711/'>8.2-711</a>] the buyer may "cover" by making in good faith and without unreasonable delay any reasonable purchase of or contract to purchase goods in substitution for those due from the seller.</p><p>(2) The buyer may recover from the seller as damages the difference between the cost of cover and the contract price together with any incidental or consequential damages as hereinafter defined (§ <a href='http://law.lis.virginia.gov/vacode/8.2-715/'>8.2-715</a>), but less expenses saved in consequence of the seller's breach.</p><p>(3) Failure of the buyer to effect cover within this section does not bar him from any other remedy.</p><p>1964, c. 219.</p>
+8.2|COMMERCIAL CODE - SALES|||7|REMEDIES|||||||§ 8.2-713|Buyer's damages for nondelivery or repudiation.|<p>(1) Subject to the provisions of this title with respect to proof of market price (§ <a href='http://law.lis.virginia.gov/vacode/8.2-723/'>8.2-723</a>), the measure of damages for nondelivery or repudiation by the seller is the difference between the market price at the time when the buyer learned of the breach and the contract price together with any incidental and consequential damages provided in this title (§ <a href='http://law.lis.virginia.gov/vacode/8.2-715/'>8.2-715</a>), but less expenses saved in consequence of the seller's breach.</p><p>(2) Market price is to be determined as of the place for tender or, in cases of rejection after arrival or revocation of acceptance, as of the place of arrival.</p><p>1964, c. 219.</p>
+8.2|COMMERCIAL CODE - SALES|||7|REMEDIES|||||||§ 8.2-714|Buyer's damages for breach in regard to accepted goods.|<p>(1) Where the buyer has accepted goods and given notification (subsection (3) of § <a href='http://law.lis.virginia.gov/vacode/8.2-607/'>8.2-607</a>) he may recover as damages for any nonconformity of tender the loss resulting in the ordinary course of events from the seller's breach as determined in any manner which is reasonable.</p><p>(2) The measure of damages for breach of warranty is the difference at the time and place of acceptance between the value of the goods accepted and the value they would have had if they had been as warranted, unless special circumstances show proximate damages of a different amount.</p><p>(3) In a proper case any incidental and consequential damages under the next section [§ <a href='http://law.lis.virginia.gov/vacode/8.2-715/'>8.2-715</a>] may also be recovered.</p><p>1964, c. 219.</p>
+8.2|COMMERCIAL CODE - SALES|||7|REMEDIES|||||||§ 8.2-715|Buyer's incidental and consequential damages.|<p>(1) Incidental damages resulting from the seller's breach include expenses reasonably incurred in inspection, receipt, transportation and care and custody of goods rightfully rejected, any commercially reasonable charges, expenses or commissions in connection with effecting cover and any other reasonable expense incident to the delay or other breach.</p><p>(2) Consequential damages resulting from the seller's breach include</p><p>(a) any loss resulting from general or particular requirements and needs of which the seller at the time of contracting had reason to know and which could not reasonably be prevented by cover or otherwise; and</p><p>(b) injury to person or property proximately resulting from any breach of warranty.</p><p>1964, c. 219.</p>
+8.2|COMMERCIAL CODE - SALES|||7|REMEDIES|||||||§ 8.2-716|Buyer's right to specific performance or detinue.|<p>(1) Specific performance may be decreed where the goods are unique or in other proper circumstances.</p><p>(2) The decree for specific performance may include such terms and conditions as to payment of the price, damages, or other relief as the court may deem just.</p><p>(3) The buyer has a right of detinue for goods identified to the contract if after reasonable effort he is unable to effect cover for such goods or the circumstances reasonably indicate that such effort will be unavailing or if the goods have been shipped under reservation and satisfaction of the security interest in them has been made or tendered. In the case of goods bought for personal, family, or household purposes, the buyer's right of detinue vests upon acquisition of a special property, even if the seller had not then repudiated or failed to deliver.</p><p>1964, c. 219; 1966, c. 392; 2000, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?001+ful+CHAP1007'>1007</a>.</p>
+8.2|COMMERCIAL CODE - SALES|||7|REMEDIES|||||||§ 8.2-717|Deduction of damages from the price.|<p>The buyer on notifying the seller of his intention to do so may deduct all or any part of the damages resulting from any breach of the contract from any part of the price still due under the same contract.</p><p>1964, c. 219.</p>
+8.2|COMMERCIAL CODE - SALES|||7|REMEDIES|||||||§ 8.2-718|Liquidation or limitation of damages; deposits.|<p>(1) Damages for breach by either party may be liquidated in the agreement but only at an amount which is reasonable in the light of the anticipated or actual harm caused by the breach, the difficulties of proof of loss, and the inconvenience or nonfeasibility of otherwise obtaining an adequate remedy. A term fixing unreasonably large liquidated damages is void as a penalty.</p><p>(2) Where the seller justifiably withholds delivery of goods because of the buyer's breach, the buyer is entitled to restitution of any amount by which the sum of his payments exceeds</p><p>(a) the amount to which the seller is entitled by virtue of terms liquidating the seller's damages in accordance with subsection (1), or</p><p>(b) in the absence of such terms, twenty per cent of the value of the total performance for which the buyer is obligated under the contract or $500, whichever is smaller.</p><p>(3) The buyer's right to restitution under subsection (2) is subject to offset to the extent that the seller establishes</p><p>(a) a right to recover damages under the provisions of this title other than subsection (1), and</p><p>(b) the amount or value of any benefits received by the buyer directly or indirectly by reason of the contract.</p><p>(4) Where a seller has received payment in goods their reasonable value or the proceeds of their resale shall be treated as payments for the purposes of subsection (2); but if the seller has notice of the buyer's breach before reselling goods received in part performance, his resale is subject to the conditions laid down in this title on resale by an aggrieved seller (§ <a href='http://law.lis.virginia.gov/vacode/8.2-706/'>8.2-706</a>).</p><p>1964, c. 219.</p>
+8.2|COMMERCIAL CODE - SALES|||7|REMEDIES|||||||§ 8.2-719|Contractual modification or limitation of remedy.|<p>(1) Subject to the provisions of subsections (2) and (3) of this section and of the preceding section [§ <a href='http://law.lis.virginia.gov/vacode/8.2-718/'>8.2-718</a>] on liquidation and limitation of damages,</p><p>(a) the agreement may provide for remedies in addition to or in substitution for those provided in this title and may limit or alter the measure of damages recoverable under this title, as by limiting the buyer's remedies to return of the goods and repayment of the price or to repair and replacement of nonconforming goods or parts; and</p><p>(b) resort to a remedy as provided is optional unless the remedy is expressly agreed to be exclusive, in which case it is the sole remedy.</p><p>(2) Where circumstances cause an exclusive or limited remedy to fail of its essential purpose, remedy may be had as provided in this act.</p><p>(3) Consequential damages may be limited or excluded unless the limitation or exclusion is unconscionable. Limitation of consequential damages for injury to the person in the case of consumer goods is prima facie unconscionable but limitation of damages where the loss is commercial is not.</p><p>1964, c. 219.</p>
+8.2|COMMERCIAL CODE - SALES|||7|REMEDIES|||||||§ 8.2-720|Effect of "cancellation" or "rescission" on claims for antecedent breach.|<p>Unless the contrary intention clearly appears, expressions of "cancellation" or "rescission" of the contract or the like shall not be construed as a renunciation or discharge of any claim in damages for an antecedent breach.</p><p>1964, c. 219.</p>
+8.2|COMMERCIAL CODE - SALES|||7|REMEDIES|||||||§ 8.2-721|Remedies for fraud.|<p>Remedies for material misrepresentation or fraud include all remedies available under this title for nonfraudulent breach. Neither rescission or a claim for rescission of the contract for sale nor rejection or return of the goods shall bar or be deemed inconsistent with a claim for damages or other remedy.</p><p>1964, c. 219.</p>
+8.2|COMMERCIAL CODE - SALES|||7|REMEDIES|||||||§ 8.2-722|Who can sue third parties for injury to goods.|<p>Where a third party so deals with goods which have been identified to a contract for sale as to cause actionable injury to a party to that contract</p><p>(a) a right of action against the third party is in either party to the contract for sale who has title to or a security interest or a special property or an insurable interest in the goods; and if the goods have been destroyed or converted a right of action is also in the party who either bore the risk of loss under the contract for sale or has since the injury assumed that risk as against the other;</p><p>(b) if at the time of the injury the party plaintiff did not bear the risk of loss as against the other party to the contract for sale and there is no arrangement between them for disposition of the recovery, his suit or settlement is, subject to his own interest, as a fiduciary for the other party to the contract;</p><p>(c) either party may with the consent of the other sue for the benefit of whom it may concern.</p><p>1964, c. 219.</p>
+8.2|COMMERCIAL CODE - SALES|||7|REMEDIES|||||||§ 8.2-723|Proof of market price; time and place.|<p>(1) If an action based on anticipatory repudiation comes to trial before the time for performance with respect to some or all of the goods, any damages based on market price (§ <a href='http://law.lis.virginia.gov/vacode/8.2-708/'>8.2-708</a> or § <a href='http://law.lis.virginia.gov/vacode/8.2-713/'>8.2-713</a>) shall be determined according to the price of such goods prevailing at the time when the aggrieved party learned of the repudiation.</p><p>(2) If evidence of a price prevailing at the times or places described in this title is not readily available the price prevailing within any reasonable time before or after the time described or at any other place which in commercial judgment or under usage of trade would serve as a reasonable substitute for the one described may be used, making any proper allowance for the cost of transporting the goods to or from such other place.</p><p>(3) Evidence of a relevant price prevailing at a time or place other than the one described in this title offered by one party is not admissible unless and until he has given the other party such notice as the court finds sufficient to prevent unfair surprise.</p><p>1964, c. 219.</p>
+8.2|COMMERCIAL CODE - SALES|||7|REMEDIES|||||||§ 8.2-724|Admissibility of market quotations (subdivision (17) of Supreme Court Rule 2:803 derived from this section).|<p>Whenever the prevailing price or value of any goods regularly bought and sold in any established commodity market is in issue, reports in official publications or trade journals or in newspapers or periodicals of general circulation published as the reports of such market shall be admissible in evidence. The circumstances of the preparation of such a report may be shown to affect its weight but not its admissibility.</p><p>1964, c. 219.</p>
+8.2|COMMERCIAL CODE - SALES|||7|REMEDIES|||||||§ 8.2-725|Statute of limitations in contracts for sale.|<p>(1) An action for breach of any contract for sale must be commenced within four years after the cause of action has accrued. By the original agreement the parties may reduce the period of limitation to not less than one year but may not extend it.</p><p>(2) A cause of action accrues when the breach occurs, regardless of the aggrieved party's lack of knowledge of the breach. A breach of warranty occurs when tender of delivery is made, except that where a warranty explicitly extends to future performance of the goods and discovery of the breach must await the time of such performance the cause of action accrues when the breach is or should have been discovered.</p><p>(3) Where an action commenced within the time limited by subsection (1) is so terminated as to leave available a remedy by another action for the same breach such other action may be commenced after the expiration of the time limited and within six months after the termination of the first action unless the termination resulted from voluntary discontinuance or from dismissal for failure or neglect to prosecute.</p><p>(4) This section does not alter the law on tolling of the statute of limitations nor does it apply to causes of action which have accrued before this act becomes effective.</p><p>1964, c. 219.</p>

Code_of_Virginia/CoVTitle_8.4A.csv

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+8.4A|COMMERCIAL CODE — FUNDS TRANSFERS|||1|SUBJECT MATTER AND DEFINITIONS|||||||§ 8.4A-101|Short title.|<p>This title may be cited as Uniform Commercial Code--Funds Transfers.</p><p>1990, c. 9.</p>
+8.4A|COMMERCIAL CODE — FUNDS TRANSFERS|||1|SUBJECT MATTER AND DEFINITIONS|||||||§ 8.4A-102|Subject matter.|<p>Except as otherwise provided in § <a href='http://law.lis.virginia.gov/vacode/8.4A-108/'>8.4A-108</a>, this title applies to funds transfers defined in § <a href='http://law.lis.virginia.gov/vacode/8.4A-104/'>8.4A-104</a>.</p><p>1990, c. 9.</p>
+8.4A|COMMERCIAL CODE — FUNDS TRANSFERS|||1|SUBJECT MATTER AND DEFINITIONS|||||||§ 8.4A-103|Definitions: "Payment order"; "Beneficiary"; "Beneficiary's bank"; "Receiving bank"; "Sender.".|<p>(a) In this title:</p><p>(1) "Payment order" means an instruction of a sender to a receiving bank, transmitted orally, electronically, or in writing, to pay, or to cause another bank to pay, a fixed or determinable amount of money to a beneficiary if: (i) the instruction does not state a condition to payment to the beneficiary other than time of payment, (ii) the receiving bank is to be reimbursed by debiting an account of, or otherwise receiving payment from, the sender, and (iii) the instruction is transmitted by the sender directly to the receiving bank or to an agent, funds-transfer system, or communication system for transmittal to the receiving bank.</p><p>(2) "Beneficiary" means the person to be paid by the beneficiary's bank.</p><p>(3) "Beneficiary's bank" means the bank identified in a payment order in which an account of the beneficiary is to be credited pursuant to the order or which otherwise is to make payment to the beneficiary if the order does not provide for payment to an account.</p><p>(4) "Receiving bank" means the bank to which the sender's instruction is addressed.</p><p>(5) "Sender" means the person giving the instruction to the receiving bank.</p><p>(b) If an instruction complying with subdivision (a) (1) of this section is to make more than one payment to a beneficiary, the instruction is a separate payment order with respect to each payment.</p><p>(c) A payment order is issued when it is sent to the receiving bank.</p><p>1990, c. 9.</p>
+8.4A|COMMERCIAL CODE — FUNDS TRANSFERS|||1|SUBJECT MATTER AND DEFINITIONS|||||||§ 8.4A-104|Definitions: "Funds transfer"; "Intermediary bank"; "Originator"; "Originator's bank.".|<p>In this title:</p><p>(a) "Funds transfer" means the series of transactions, beginning with the originator's payment order, made for the purpose of making payment to the beneficiary of the order. The term includes any payment order issued by the originator's bank or an intermediary bank intended to carry out the originator's payment order. A funds transfer is completed by acceptance by the beneficiary's bank of a payment order for the benefit of the beneficiary of the originator's payment order.</p><p>(b) "Intermediary bank" means a receiving bank other than the originator's bank or the beneficiary's bank.</p><p>(c) "Originator" means the sender of the first payment order in a funds transfer.</p><p>(d) "Originator's bank" means (i) the receiving bank to which the payment order of the originator is issued if the originator is not a bank, or (ii) the originator if the originator is a bank.</p><p>1990, c. 9.</p>
+8.4A|COMMERCIAL CODE — FUNDS TRANSFERS|||1|SUBJECT MATTER AND DEFINITIONS|||||||§ 8.4A-105|Other definitions.|<p>(a) In this title:</p><p>(1) "Authorized account" means a deposit account of a customer in a bank designated by the customer as a source of payment orders issued by the customer to the bank. If a customer does so designate an account, any account of the customer is an authorized account if payment of a payment order from that account is not inconsistent with a restriction on the use of that account.</p><p>(2) "Bank" means a person engaged in the business of banking and includes a savings bank, savings and loan association, credit union, and trust company. A branch or separate office of a bank is a separate bank for purposes of this title.</p><p>(3) "Customer" means a person, including a bank, having an account with a bank or from whom a bank has agreed to receive payment orders.</p><p>(4) "Funds-transfer business day" of a receiving bank means the part of a day during which the receiving bank is open for the receipt, processing, and transmittal of payment orders and cancellations and amendments of payment orders.</p><p>(5) "Funds-transfer system" means a wire transfer network, automated clearinghouse, or other communication system of a clearinghouse or other association of banks through which a payment order by a bank may be transmitted to the bank to which the order is addressed.</p><p>(6) "Good faith" means honesty in fact and the observance of reasonable commercial standards of fair dealing.</p><p>(7) "Prove" with respect to a fact means to meet the burden of establishing the fact as provided in § <a href='http://law.lis.virginia.gov/vacode/8.1A-201/'>8.1A-201</a>(b)(8).</p><p>(b) Other definitions applying to this title and the sections in which they appear are:</p><p>"Acceptance"§ <a href='http://law.lis.virginia.gov/vacode/8.4A-209/'>8.4A-209</a>.</p><p>"Beneficiary"§ <a href='http://law.lis.virginia.gov/vacode/8.4A-103/'>8.4A-103</a>.</p><p>"Beneficiary's bank"§ <a href='http://law.lis.virginia.gov/vacode/8.4A-103/'>8.4A-103</a>.</p><p>"Executed"§ <a href='http://law.lis.virginia.gov/vacode/8.4A-301/'>8.4A-301</a>.</p><p>"Execution date"§ <a href='http://law.lis.virginia.gov/vacode/8.4A-301/'>8.4A-301</a>.</p><p>"Funds transfer"§ <a href='http://law.lis.virginia.gov/vacode/8.4A-104/'>8.4A-104</a>.</p><p>"Funds-transfer system rule"§ <a href='http://law.lis.virginia.gov/vacode/8.4A-501/'>8.4A-501</a>.</p><p>"Intermediary bank"§ <a href='http://law.lis.virginia.gov/vacode/8.4A-104/'>8.4A-104</a>.</p><p>"Originator"§ <a href='http://law.lis.virginia.gov/vacode/8.4A-104/'>8.4A-104</a>.</p><p>"Originator's bank"§ <a href='http://law.lis.virginia.gov/vacode/8.4A-104/'>8.4A-104</a>.</p><p>"Payment by beneficiary's bank to beneficiary"§ <a href='http://law.lis.virginia.gov/vacode/8.4A-405/'>8.4A-405</a>.</p><p>"Payment by originator to beneficiary"§ <a href='http://law.lis.virginia.gov/vacode/8.4A-406/'>8.4A-406</a>.</p><p>"Payment by sender to receiving bank"§ <a href='http://law.lis.virginia.gov/vacode/8.4A-403/'>8.4A-403</a>.</p><p>"Payment date"§ <a href='http://law.lis.virginia.gov/vacode/8.4A-401/'>8.4A-401</a>.</p><p>"Payment order"§ <a href='http://law.lis.virginia.gov/vacode/8.4A-103/'>8.4A-103</a>.</p><p>"Receiving bank"§ <a href='http://law.lis.virginia.gov/vacode/8.4A-103/'>8.4A-103</a>.</p><p>"Security procedure"§ <a href='http://law.lis.virginia.gov/vacode/8.4A-201/'>8.4A-201</a>.</p><p>"Sender"§ <a href='http://law.lis.virginia.gov/vacode/8.4A-103/'>8.4A-103</a>.</p><p>(c) The following definitions in Title 8.4 apply to this title:</p><p>"Clearinghouse"§ <a href='http://law.lis.virginia.gov/vacode/8.4-104/'>8.4-104</a>.</p><p>"Item"§ <a href='http://law.lis.virginia.gov/vacode/8.4-104/'>8.4-104</a>.</p><p>"Suspends payments"§ <a href='http://law.lis.virginia.gov/vacode/8.4-104/'>8.4-104</a>.</p><p>(d) In addition, Title 8.1A contains general definitions and principles of construction and interpretation applicable throughout this title.</p><p>1990, c. 9; 2003, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?031+ful+CHAP0353'>353</a>.</p>
+8.4A|COMMERCIAL CODE — FUNDS TRANSFERS|||1|SUBJECT MATTER AND DEFINITIONS|||||||§ 8.4A-106|Time payment order is received.|<p>(a) The time of receipt of a payment order or communication cancelling or amending a payment order is determined by the rules applicable to receipt of a notice stated in § <a href='http://law.lis.virginia.gov/vacode/8.1A-202/'>8.1A-202</a>. A receiving bank may fix a cut-off time or times on a funds-transfer business day for the receipt and processing of payment orders and communications cancelling or amending payment orders. Different cut-off times may apply to payment orders, cancellations, or amendments, or to different categories of payment orders, cancellations, or amendments. A cut-off time may apply to senders generally or different cut-off times may apply to different senders or categories of payment orders. If a payment order or communication cancelling or amending a payment order is received after the close of a funds-transfer business day or after the appropriate cut-off time on a funds-transfer business day, the receiving bank may treat the payment order or communication as received at the opening of the next funds-transfer business day.</p><p>(b) If this title refers to an execution date or payment date or states a day on which a receiving bank is required to take action, and the date or day does not fall on a funds-transfer business day, the next day that is a funds-transfer business day is treated as the date or day stated, unless the contrary is stated in this title.</p><p>1990, c. 9; 2003, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?031+ful+CHAP0353'>353</a>.</p>
+8.4A|COMMERCIAL CODE — FUNDS TRANSFERS|||1|SUBJECT MATTER AND DEFINITIONS|||||||§ 8.4A-107|Federal Reserve regulations and operating circulars.|<p>Regulations of the Board of Governors of the Federal Reserve System and operating circulars of the Federal Reserve Banks supersede any inconsistent provision of this title to the extent of the inconsistency.</p><p>1990, c. 9.</p>
+8.4A|COMMERCIAL CODE — FUNDS TRANSFERS|||1|SUBJECT MATTER AND DEFINITIONS|||||||§ 8.4A-108|Relationship to Electronic Fund Transfer Act.|<p>(a) Except as provided in subsection (b), this title does not apply to a funds transfer any part of which is governed by the Electronic Fund Transfer Act of 1978 (Title XX, Public Law 95-630, 92 Stat. 3728, 15 U.S.C. § 1693 et seq.), as amended from time to time.</p><p>(b) This title applies to a funds transfer that is a remittance transfer as defined in the Electronic Fund Transfer Act (15 U.S.C. § 1693o-1) as amended from time to time, unless the remittance transfer is an electronic fund transfer as defined in the Electronic Fund Transfer Act (15 U.S.C. § 1693a) as amended from time to time.</p><p>(c) In a funds transfer to which this title applies, in the event of an inconsistency between an applicable provision of this title and an applicable provision of the Electronic Fund Transfer Act, the provision of the Electronic Fund Transfer Act governs to the extent of the inconsistency.</p><p>1990, c. 9; 2013, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?131+ful+CHAP0387'>387</a>.</p>
+8.4A|COMMERCIAL CODE — FUNDS TRANSFERS|||2|ISSUE AND ACCEPTANCE OF PAYMENT ORDER|||||||§ 8.4A-201|Security procedure.|<p>"Security procedure" means a procedure established by agreement of a customer and a receiving bank for the purpose of (i) verifying that a payment order or communication amending or cancelling a payment order is that of the customer, or (ii) detecting error in the transmission or the content of the payment order or communication. A security procedure may require the use of algorithms or other codes, identifying words or numbers, encryption, callback procedures, or similar security devices. Comparison of a signature on a payment order or communication with an authorized specimen signature of the customer is not by itself a security procedure.</p><p>1990, c. 9.</p>
+8.4A|COMMERCIAL CODE — FUNDS TRANSFERS|||2|ISSUE AND ACCEPTANCE OF PAYMENT ORDER|||||||§ 8.4A-202|Authorized and verified payment orders.|<p>(a) A payment order received by the receiving bank is the authorized order of the person identified as sender if that person authorized the order or is otherwise bound by it under the law of agency.</p><p>(b) If a bank and its customer have agreed that the authenticity of payment orders issued to the bank in the name of the customer as sender will be verified pursuant to a security procedure, a payment order received by the receiving bank is effective as the order of the customer, whether or not authorized, if (i) the security procedure is a commercially reasonable method of providing security against unauthorized payment orders, and (ii) the bank proves that it accepted the payment order in good faith and in compliance with the security procedure and any written agreement or instruction of the customer restricting acceptance of payment orders issued in the name of the customer. The bank is not required to follow an instruction that violates a written agreement with the customer or notice of which is not received at a time and in a manner affording the bank a reasonable opportunity to act on it before the payment order is accepted.</p><p>(c) Commercial reasonableness of a security procedure is a question of law to be determined by considering the wishes of the customer expressed to the bank, the circumstances of the customer known to the bank, including the size, type, and frequency of payment orders normally issued by the customer to the bank, alternative security procedures offered to the customer, and security procedures in general use by customers and receiving banks similarly situated. A security procedure is deemed to be commercially reasonable if (i) the security procedure was chosen by the customer after the bank offered, and the customer refused, a security procedure that was commercially reasonable for that customer, and (ii) the customer expressly agreed in writing to be bound by any payment order, whether or not authorized, issued in its name and accepted by the bank in compliance with the security procedure chosen by the customer.</p><p>(d) The term "sender" in this title includes the customer in whose name a payment order is issued if the order is the authorized order of the customer under subsection (a) of this section, or it is effective as the order of the customer under subsection (b) of this section.</p><p>(e) This section applies to amendments and cancellations of payment orders to the same extent it applies to payment orders.</p><p>(f) Except as provided in this section and in subdivision (a) (1) of § <a href='http://law.lis.virginia.gov/vacode/8.4A-203/'>8.4A-203</a>, rights and obligations arising under this section or § <a href='http://law.lis.virginia.gov/vacode/8.4A-203/'>8.4A-203</a> may not be varied by agreement.</p><p>1990, c. 9.</p>
+8.4A|COMMERCIAL CODE — FUNDS TRANSFERS|||2|ISSUE AND ACCEPTANCE OF PAYMENT ORDER|||||||§ 8.4A-203|Unenforceability of certain verified payment orders.|<p>(a) If an accepted payment order is not, under subsection (a) of § <a href='http://law.lis.virginia.gov/vacode/8.4A-202/'>8.4A-202</a>, an authorized order of a customer identified as sender, but is effective as an order of the customer pursuant to subsection (b) of § <a href='http://law.lis.virginia.gov/vacode/8.4A-202/'>8.4A-202</a>, the following rules apply:</p><p>(1) By express written agreement, the receiving bank may limit the extent to which it is entitled to enforce or retain payment of the payment order.</p><p>(2) The receiving bank is not entitled to enforce or retain payment of payment order if the customer proves that the order was not caused, directly or indirectly, by a person (i) entrusted at any time with duties to act for the customer with respect to payment orders or the security procedure, or (ii) who obtained access to transmitting facilities of the customer or who obtained, from a source controlled by the customer and without authority of the receiving bank, information facilitating breach of the security procedure, regardless of how the information was obtained or whether the customer was at fault. Information includes any access device, computer software, or the like.</p><p>(b) This section applies to amendments of payment orders to the same extent it applies to payment orders.</p><p>1990, c. 9.</p>
+8.4A|COMMERCIAL CODE — FUNDS TRANSFERS|||2|ISSUE AND ACCEPTANCE OF PAYMENT ORDER|||||||§ 8.4A-204|Refund of payment and duty of customer to report with respect to unauthorized payment order.|<p>(a) If a receiving bank accepts a payment order issued in the name of its customer as sender which is (i) not authorized and not effective as the order of the customer under § <a href='http://law.lis.virginia.gov/vacode/8.4A-202/'>8.4A-202</a>, or (ii) not enforceable, in whole or in part, against the customer under § <a href='http://law.lis.virginia.gov/vacode/8.4A-203/'>8.4A-203</a>, the bank shall refund any payment of the payment order received from the customer to the extent the bank is not entitled to enforce payment and shall pay interest on the refundable amount calculated from the date the bank received payment to the date of the refund. However, the customer is not entitled to interest from the bank on the amount to be refunded if the customer fails to exercise ordinary care to determine that the order was not authorized by the customer and to notify the bank of the relevant facts within a reasonable time not exceeding 90 days after the date the customer received notification from the bank that the order was accepted or that the customer's account was debited with respect to the order. The bank is not entitled to any recovery from the customer on account of a failure by the customer to give notification as stated in this section.</p><p>(b) Reasonable time under subsection (a) of this section may be fixed by agreement as stated in subsection (b) of § <a href='http://law.lis.virginia.gov/vacode/8.1A-302/'>8.1A-302</a>, but the obligation of a receiving bank to refund payment as stated in subsection (a) of this section may not otherwise be varied by agreement.</p><p>1990, c. 9; 2003, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?031+ful+CHAP0353'>353</a>.</p>
+8.4A|COMMERCIAL CODE — FUNDS TRANSFERS|||2|ISSUE AND ACCEPTANCE OF PAYMENT ORDER|||||||§ 8.4A-205|Erroneous payment orders.|<p>(a) If an accepted payment order was transmitted pursuant to a security procedure for the detection of error and the payment order (i) erroneously instructed payment to a beneficiary not intended by the sender, (ii) erroneously instructed payment in an amount greater than the amount intended by the sender, or (iii) was an erroneously transmitted duplicate of a payment order previously sent by the sender, the following rules apply:</p><p>(1) If the sender proves that the sender or a person acting on behalf of the sender pursuant to § <a href='http://law.lis.virginia.gov/vacode/8.4A-206/'>8.4A-206</a> complied with the security procedure and that the error would have been detected if the receiving bank had also complied, the sender is not obliged to pay the order to the extent stated in subdivisions (2) and (3) of this subsection.</p><p>(2) If the funds transfer is completed on the basis of an erroneous payment order described in clause (i) or (iii) of this subsection, the sender is not obliged to pay the order and the receiving bank is entitled to recover from the beneficiary any amount paid to the beneficiary to the extent allowed by the law governing mistake and restitution.</p><p>(3) If the funds transfer is completed on the basis of a payment order described in clause (ii) of this subsection, the sender is not obliged to pay the order to the extent the amount received by the beneficiary is greater than the amount intended by the sender. In that case, the receiving bank is entitled to recover from the beneficiary the excess amount received to the extent allowed by the law governing mistake and restitution.</p><p>(b) If (i) the sender of an erroneous payment order described in subsection (a) of this section is not obliged to pay all or part of the order, and (ii) the sender receives notification from the receiving bank that the order was accepted by the bank or that the sender's account was debited with respect to the order, the sender has a duty to exercise ordinary care, on the basis of information available to the sender, to discover the error with respect to the order and to advise the bank of the relevant facts within a reasonable time, not exceeding ninety days, after the bank's notification was received by the sender. If the bank proves that the sender failed to perform that duty, the sender is liable to the bank for the loss the bank proves it incurred as a result of the failure, but the liability of the sender may not exceed the amount of the sender's order.</p><p>(c) This section applies to amendments to payment orders to the same extent it applies to payment orders.</p><p>1990, c. 9.</p>
+8.4A|COMMERCIAL CODE — FUNDS TRANSFERS|||2|ISSUE AND ACCEPTANCE OF PAYMENT ORDER|||||||§ 8.4A-206|Transmission of payment order through funds-transfer or other communication system.|<p>(a) If a payment order addressed to a receiving bank is transmitted to a funds-transfer system or other third-party communication system for transmittal to the bank, the system is deemed to be an agent of the sender for the purpose of transmitting the payment order to the bank. If there is a discrepancy between the terms of the payment order transmitted to the system and the terms of the payment order transmitted by the system to the bank, the terms of the payment order of the sender are those transmitted by the system. This section does not apply to a funds-transfer system of the Federal Reserve Banks.</p><p>(b) This section applies to cancellations and amendments of payment orders to the same extent it applies to payment orders.</p><p>1990, c. 9.</p>
+8.4A|COMMERCIAL CODE — FUNDS TRANSFERS|||2|ISSUE AND ACCEPTANCE OF PAYMENT ORDER|||||||§ 8.4A-207|Misdescription of beneficiary.|<p>(a) Subject to subsection (b) of this section, if, in a payment order received by the beneficiary's bank, the name, bank account number, or other identification of the beneficiary refers to a nonexistent or unidentifiable person or account, no person has rights as a beneficiary of the order and acceptance of the order cannot occur.</p><p>(b) If a payment order received by the beneficiary's bank identifies the beneficiary both by name and by an identifying or bank account number and the name and number identify different persons, the following rules apply:</p><p>(1) Except as otherwise provided in subsection (c) of this section, if the beneficiary's bank does not know that the name and number refer to different persons, it may rely on the number as the proper identification of the beneficiary of the order. The beneficiary's bank need not determine whether the name and number refer to the same person.</p><p>(2) If the beneficiary's bank pays the person identified by name or knows that the name and number identify different persons, no person has rights as beneficiary except the person paid by the beneficiary's bank if that person was entitled to receive payment from the originator of the funds transfer. If no person has rights as beneficiary, acceptance of the order cannot occur.</p><p>(c) If (i) a payment order described in subsection (b) of this section is accepted, (ii) the originator's payment order described the beneficiary inconsistently by name and number, and (iii) the beneficiary's bank pays the person identified by number as permitted by subdivision (b) (1) of this section, the following rules apply:</p><p>(1) If the originator is a bank, the originator is obliged to pay its order.</p><p>(2) If the originator is not a bank and proves that the person identified by number was not entitled to receive payment from the originator, the originator is not obliged to pay its order unless the originator's bank proves that the originator, before acceptance of the originator's order, had notice that payment of a payment order issued by the originator might be made by the beneficiary's bank on the basis of an identifying or bank account number even if it identifies a person different from the named beneficiary. Proof of notice may be made by any admissible evidence. The originator's bank satisfies the burden of proof if it proves that the originator, before the payment order was accepted, signed a writing stating the information to which the notice relates.</p><p>(d) In a case governed by subdivision (b) (1) of this section, if the beneficiary's bank rightfully pays the person identified by number and that person was not entitled to receive payment from the originator, the amount paid may be recovered from that person to the extent allowed by the law governing mistake and restitution as follows:</p><p>(1) If the originator is obliged to pay its payment order as stated in subsection (c) of this section, the originator has the right to recover.</p><p>(2) If the originator is not a bank and is not obliged to pay its payment order, the originator's bank has the right to recover.</p><p>1990, c. 9.</p>
+8.4A|COMMERCIAL CODE — FUNDS TRANSFERS|||2|ISSUE AND ACCEPTANCE OF PAYMENT ORDER|||||||§ 8.4A-208|Misdescription of intermediary bank or beneficiary's bank.|<p>(a) This subsection applies to a payment order identifying an intermediary bank or the beneficiary's bank only by an identifying number.</p><p>(1) The receiving bank may rely on the number as the proper identification of the intermediary or beneficiary's bank and need not determine whether the number identifies a bank.</p><p>(2) The sender is obliged to compensate the receiving bank for any loss and expenses incurred by the receiving bank as a result of its reliance on the number in executing or attempting to execute the order.</p><p>(b) This subsection applies to a payment order identifying an intermediary bank or the beneficiary's bank both by name and an identifying number if the name and number identify different persons.</p><p>(1) If the sender is a bank, the receiving bank may rely on the number as the proper identification of the intermediary or beneficiary's bank if the receiving bank, when it executes the sender's order, does not know that the name and number identify different persons. The receiving bank need not determine whether the name and number refer to the same person or whether the number refers to a bank. The sender is obliged to compensate the receiving bank for any loss and expenses incurred by the receiving bank as a result of its reliance on the number in executing or attempting to execute the order.</p><p>(2) If the sender is not a bank and the receiving bank proves that the sender, before the payment order was accepted, had notice that the receiving bank might rely on the number as the proper identification of the intermediary or beneficiary's bank even if it identifies a person different from the bank identified by name, the rights and obligations of the sender and the receiving bank are governed by subdivision (b) (1) of this section, as though the sender were a bank. Proof of notice may be made by any admissible evidence. The receiving bank satisfies the burden of proof if it proves that the sender, before the payment order was accepted, signed in writing stating the information to which the notice relates.</p><p>(3) Regardless of whether the sender is a bank, the receiving bank may rely on the name as the proper identification of the intermediary or beneficiary's bank if the receiving bank, at the time it executes the sender's order, does not know that the name and number identify different persons. The receiving bank need not determine whether the name and number refer to the same person.</p><p>(4) If the receiving bank knows that the name and number identify different persons, reliance on either the name or the number in executing the sender's payment order is a breach of the obligation stated in subdivision (a) (1) of § <a href='http://law.lis.virginia.gov/vacode/8.4A-302/'>8.4A-302</a>.</p><p>1990, c. 9.</p>
+8.4A|COMMERCIAL CODE — FUNDS TRANSFERS|||2|ISSUE AND ACCEPTANCE OF PAYMENT ORDER|||||||§ 8.4A-209|Acceptance of payment order.|<p>(a) Subject to subsection (d) of this section, a receiving bank other than the beneficiary's bank accepts a payment order when it executes the order.</p><p>(b) Subject to subsections (c) and (d) of this section, a beneficiary's bank accepts a payment order at the earliest of the following times:</p><p>(1) When the bank (i) pays the beneficiary as stated in subsection (a) or (b) of § <a href='http://law.lis.virginia.gov/vacode/8.4A-405/'>8.4A-405</a>, or (ii) notifies the beneficiary of receipt of the order or that the account of the beneficiary has been credited with respect to the order unless the notice indicates that the bank is rejecting the order or that funds with respect to the order may not be withdrawn or used until receipt of payment from the sender of the order;</p><p>(2) When the bank receives payment of the entire amount of the sender's order pursuant to subdivision (a) (1) or (a) (2) of § <a href='http://law.lis.virginia.gov/vacode/8.4A-403/'>8.4A-403</a>; or</p><p>(3) The opening of the next funds-transfer business day of the bank following the payment date of the order if, at that time, the amount of the sender's order is fully covered by a withdrawable credit balance in an authorized account of the sender or the bank has otherwise received full payment from the sender, unless the order was rejected before that time or is rejected within (i) one hour after that time, or (ii) one hour after the opening of the next business day of the sender following the payment date if that time is later. If notice of rejection is received by the sender after the payment date and the authorized account of the sender does not bear interest, the bank is obliged to pay interest to the sender on the amount of the order for the number of days elapsing after the payment date to the day the sender receives notice or learns that the order was not accepted, counting that day as an elapsed day. If the withdrawable-credit balance during that period falls below the amount of the order, the amount of interest payable is reduced accordingly.</p><p>(c) Acceptance of a payment order cannot occur before the order is received by the receiving bank. Acceptance does not occur under subdivision (b) (2) or (b) (3) of this section if the beneficiary of the payment order does not have an account with the receiving bank, the account has been closed, or the receiving bank is not permitted by law to receive credits for the beneficiary's account.</p><p>(d) A payment order issued to the originator's bank cannot be accepted until the payment date if the bank is the beneficiary's bank, or the execution date if the bank is not the beneficiary's bank. If the originator's bank executes the originator's payment order before the execution date or pays the beneficiary of the originator's payment order before the payment date and the payment order is subsequently canceled pursuant to subsection (b) of § <a href='http://law.lis.virginia.gov/vacode/8.4A-211/'>8.4A-211</a>, the bank may recover from the beneficiary any payment received to the extent allowed by the law governing mistake and restitution.</p><p>1990, c. 9.</p>
+8.4A|COMMERCIAL CODE — FUNDS TRANSFERS|||2|ISSUE AND ACCEPTANCE OF PAYMENT ORDER|||||||§ 8.4A-210|Rejection of payment order.|<p>(a) A payment order is rejected by the receiving bank by a notice of rejection transmitted to the sender orally, electronically, or in writing. A notice of rejection need not use any particular words and is sufficient if it indicates that the receiving bank is rejecting the order or will not execute or pay the order. Rejection is effective when the notice is given if transmission is by a means that is reasonable in the circumstances. If notice of rejection is given by a means that is not reasonable, rejection is effective when the notice is received. If an agreement of the sender and receiving bank establishes the means to be used to reject a payment order, (i) any means complying with the agreement is reasonable and (ii) any means not complying is not reasonable unless no significant delay in receipt of the notice resulted from the use of the noncomplying means.</p><p>(b) This subsection applies if a receiving bank other than the beneficiary's bank fails to execute a payment order despite the existence on the execution date of a withdrawable credit balance in an authorized account of the sender sufficient to cover the order. If the sender does not receive notice of rejection of the order on the execution date and the authorized account of the sender does not bear interest, the bank is obliged to pay interest to the sender on the amount of the order for the number of days elapsing after the execution date to the earlier of the day the order is canceled pursuant to subsection (d) of § <a href='http://law.lis.virginia.gov/vacode/8.4A-211/'>8.4A-211</a> or the day the sender receives notice or learns that the order was not executed, counting the final day of the period as an elapsed day. If the withdrawable credit balance during that period falls below the amount of the order, the amount of interest is reduced accordingly.</p><p>(c) If a receiving bank suspends payments, all unaccepted payment orders issued to it are deemed rejected at the time the bank suspends payments.</p><p>(d) Acceptance of a payment order precludes a later rejection of the order. Rejection of a payment order precludes a later acceptance of the order.</p><p>1990, c. 9.</p>
+8.4A|COMMERCIAL CODE — FUNDS TRANSFERS|||2|ISSUE AND ACCEPTANCE OF PAYMENT ORDER|||||||§ 8.4A-211|Cancellation and amendment of payment order.|<p>(a) A communication of the sender of a payment order cancelling or amending the order may be transmitted to the receiving bank orally, electronically, or in writing. If a security procedure is in effect between the sender and the receiving bank, the communication is not effective to cancel or amend the order unless the communication is verified pursuant to the security procedure or the bank agrees to the cancellation or amendment.</p><p>(b) Subject to subsection (a) of this section, a communication by the sender cancelling or amending a payment order is effective to cancel or amend the order if notice of the communication is received at a time and in a manner affording the receiving bank a reasonable opportunity to act on the communication before the bank accepts the payment order.</p><p>(c) After a payment order has been accepted, cancellation or amendment of the order is not effective unless the receiving bank agrees or a funds-transfer system rule allows cancellation or amendment without agreement of the bank.</p><p>(1) With respect to a payment order accepted by a receiving bank other than the beneficiary's bank, cancellation or amendment is not effective unless a conforming cancellation or amendment of the payment order issued by the receiving bank is also made.</p><p>(2) With respect to a payment order accepted by the beneficiary's bank, cancellation or amendment is not effective unless the order was issued in execution of an unauthorized payment order, or because of a mistake by a sender in the funds transfer which resulted in the issuance of a payment order (i) that is a duplicate of a payment order previously issued by the sender, (ii) that orders payment to a beneficiary not entitled to receive payment from the originator, or (iii) that orders payment in an amount greater than the amount the beneficiary was entitled to receive from the originator. If the payment order is canceled or amended, the beneficiary's bank is entitled to recover from the beneficiary any amount paid to the beneficiary to the extent allowed by the law governing mistake and restitution.</p><p>(d) An unaccepted payment order is canceled by operation of law at the close of the fifth funds-transfer business day of the receiving bank after the execution date or payment date of the order.</p><p>(e) A canceled payment order cannot be accepted. If an accepted payment order is canceled, the acceptance is nullified and no person has any right or obligation based on the acceptance. Amendment of a payment order is deemed to be cancellation of the original order at the time of amendment and issue of a new payment order in the amended form at the same time.</p><p>(f) Unless otherwise provided in an agreement of the parties or in a funds-transfer system rule, if the receiving bank, after accepting a payment order, agrees to cancellation or amendment of the order by the sender or is bound by a funds-transfer system rule allowing cancellation or amendment without the bank's agreement, the sender, whether or not cancellation or amendment is effective, is liable to the bank for any loss and expenses, including reasonable attorney's fees, incurred by the bank as a result of the cancellation or amendment or attempted cancellation or amendment.</p><p>(g) A payment order is not revoked by the death or legal incapacity of the sender unless the receiving bank knows of the death or of an adjudication of incapacity by a court of competent jurisdiction and has reasonable opportunity to act before acceptance of the order.</p><p>(h) A funds-transfer system rule is not effective to the extent it conflicts with subdivision (c) (2) of this section.</p><p>1990, c. 9.</p>
+8.4A|COMMERCIAL CODE — FUNDS TRANSFERS|||2|ISSUE AND ACCEPTANCE OF PAYMENT ORDER|||||||§ 8.4A-212|Liability and duty of receiving bank regarding unaccepted payment order.|<p>If a receiving bank fails to accept a payment order that it is obliged by express agreement to accept, the bank is liable for breach of the agreement to the extent provided in the agreement or in this title, but does not otherwise have any duty to accept a payment order or, before acceptance, to take any action, or refrain from taking action, with respect to the order except as provided in this title or by express agreement. Liability based on acceptance arises only when acceptance occurs as stated in § <a href='http://law.lis.virginia.gov/vacode/8.4A-209/'>8.4A-209</a>, and liability is limited to that provided in this title. A receiving bank is not the agent of the sender or beneficiary of the payment order it accepts, or of any other party to the funds transfer, and the bank owes no duty to any party to the funds transfer except as provided in this title or by express agreement.</p><p>1990, c. 9.</p>
+8.4A|COMMERCIAL CODE — FUNDS TRANSFERS|||3|EXECUTION OF SENDER'S PAYMENT ORDER BY RECEIVING BANK|||||||§ 8.4A-301|Execution and execution date.|<p>(a) A payment order is "executed" by the receiving bank when it issues a payment order intended to carry out the payment order received by the bank. A payment order received by the beneficiary's bank can be accepted but cannot be executed.</p><p>(b) "Execution date" of a payment order means the day on which the receiving bank may properly issue a payment order in execution of the sender's order. The execution date may be determined by instruction of the sender but cannot be earlier than the day the order is received and, unless otherwise determined, is the day the order is received. If the sender's instruction states a payment date, the execution date is the payment date or an earlier date on which execution is reasonably necessary to allow payment to the beneficiary on the payment date.</p><p>1990, c. 9.</p>
+8.4A|COMMERCIAL CODE — FUNDS TRANSFERS|||3|EXECUTION OF SENDER'S PAYMENT ORDER BY RECEIVING BANK|||||||§ 8.4A-302|Obligations of receiving bank in execution of payment order.|<p>(a) Except as provided in subsections (b) through (d) of this section, if the receiving bank accepts a payment order pursuant to subsection (a) of § <a href='http://law.lis.virginia.gov/vacode/8.4A-209/'>8.4A-209</a>, the bank has the following obligations in executing the order:</p><p>(1) The receiving bank is obliged to issue, on the execution date, a payment order complying with the sender's order and to follow the sender's instructions concerning (i) any intermediary bank or funds-transfer system to be used in carrying out the funds transfer, or (ii) the means by which payment orders are to be transmitted in the funds transfer. If the originator's bank issues a payment order to an intermediary bank, the originator's bank is obliged to instruct the intermediary bank according to the instruction of the originator. An intermediary bank in the funds transfer is similarly bound by an instruction given to it by the sender of the payment order it accepts.</p><p>(2) If the sender's instruction states that the funds transfer is to be carried out telephonically or by wire transfer or otherwise indicates that the funds transfer is to be carried out by the most expeditious means, the receiving bank is obliged to transmit its payment order by the most expeditious available means, and to instruct any intermediary bank accordingly. If a sender's instruction states a payment date, the receiving bank is obliged to transmit its payment order at a time and by means reasonably necessary to allow payment to the beneficiary on the payment date or as soon thereafter as is feasible.</p><p>(b) Unless otherwise instructed, a receiving bank executing a payment order may (i) use any funds-transfer system if use of that system is reasonable in the circumstances, and (ii) issue a payment order to the beneficiary's bank or to an intermediary bank through which a payment order conforming to the sender's order can expeditiously be issued to the beneficiary's bank if the receiving bank exercises ordinary care in the selection of the intermediary bank. A receiving bank is not required to follow an instruction of the sender designating a funds-transfer system to be used in carrying out the funds transfer if the receiving bank, in good faith, determines that it is not feasible to follow the instruction or that following the instruction would unduly delay completion of the funds transfer.</p><p>(c) Unless subdivision (a) (2) of this section applies or the receiving bank is otherwise instructed, the bank may execute a payment order by transmitting its payment order by first class mail or by any means reasonable in the circumstances. If the receiving bank is instructed to execute the sender's order by transmitting its payment order by a particular means, the receiving bank may issue its payment order by the means stated or by any means as expeditious as the means stated.</p><p>(d) Unless instructed by the sender, (i) the receiving bank may not obtain payment of its charges for services and expenses in connection with the execution of the sender's order by issuing a payment order in an amount equal to the amount of the sender's order less the amount of the charges, and (ii) may not instruct a subsequent receiving bank to obtain payment of its charges in the same manner.</p><p>1990, c. 9.</p>
+8.4A|COMMERCIAL CODE — FUNDS TRANSFERS|||3|EXECUTION OF SENDER'S PAYMENT ORDER BY RECEIVING BANK|||||||§ 8.4A-303|Erroneous execution of payment order.|<p>(a) A receiving bank that (i) executes the payment order of the sender by issuing a payment order in an amount greater than the amount of the sender's order, or (ii) issues a payment order in execution of the sender's order and then issues a duplicate order, is entitled to payment of the amount of the sender's order under subsection (c) of § <a href='http://law.lis.virginia.gov/vacode/8.4A-402/'>8.4A-402</a> if that subsection is otherwise satisfied. The bank is entitled to recover from the beneficiary of the erroneous order the excess payment received to the extent allowed by the law governing mistake and restitution.</p><p>(b) A receiving bank that executes the payment order of the sender by issuing a payment order in an amount less than the amount of the sender's order is entitled to a payment of the amount of the sender's order under subsection (c) of § <a href='http://law.lis.virginia.gov/vacode/8.4A-402/'>8.4A-402</a> if (i) that subsection is otherwise satisfied and (ii) the bank corrects its mistake by issuing an additional payment order for the benefit of the beneficiary of the sender's order. If the error is not corrected, the issuer of the erroneous order is entitled to receive or retain payment from the sender of the order it accepted only to the extent of the amount of the erroneous order. This subsection does not apply if the receiving bank executes the sender's payment order by issuing a payment order in an amount less than the amount of the sender's order for the purpose of obtaining payment of its charges for services and expenses pursuant to instruction of the sender.</p><p>(c) If a receiving bank executes the payment order of the sender by issuing a payment order to a beneficiary different from the beneficiary of the sender's order and the funds transfer is completed on the basis of that error, the sender of the payment order that was erroneously executed and all previous senders in the funds transfer are not obliged to pay the payment orders they issued. The issuer of the erroneous order is entitled to recover from the beneficiary of the order the payment received to the extent allowed by the law governing mistake and restitution.</p><p>1990, c. 9.</p>
+8.4A|COMMERCIAL CODE — FUNDS TRANSFERS|||3|EXECUTION OF SENDER'S PAYMENT ORDER BY RECEIVING BANK|||||||§ 8.4A-304|Duty of sender to report erroneously executed payment order.|<p>If the sender of a payment order that is erroneously executed as stated in § <a href='http://law.lis.virginia.gov/vacode/8.4A-303/'>8.4A-303</a> receives notification from the receiving bank that the order was executed or that the sender's account was debited with respect to the order, the sender has a duty to exercise ordinary care to determine, on the basis of information available to the sender, that the order was erroneously executed and to notify the bank of the relevant facts within a reasonable time not exceeding ninety days after the notification from the bank was received by the sender. If the sender fails to perform that duty, the bank is not obliged to pay interest on any amount refundable to the sender under subsection (d) of § <a href='http://law.lis.virginia.gov/vacode/8.4A-402/'>8.4A-402</a> for the period before the bank learns of the execution error. The bank is not entitled to any recovery from the sender on account of a failure by the sender to perform the duty stated in this section.</p><p>1990, c. 9.</p>
+8.4A|COMMERCIAL CODE — FUNDS TRANSFERS|||3|EXECUTION OF SENDER'S PAYMENT ORDER BY RECEIVING BANK|||||||§ 8.4A-305|Liability for late or improper execution or failure to execute payment order.|<p>(a) If a funds transfer is completed but execution of a payment order by the receiving bank in breach of § <a href='http://law.lis.virginia.gov/vacode/8.4A-302/'>8.4A-302</a> results in delay in payment to the beneficiary, the bank is obliged to pay interest to either the originator or the beneficiary of the funds transfer for the period of delay caused by the improper execution. Except as provided in subsection (c) of this section, additional damages are not recoverable.</p><p>(b) If execution of a payment order by a receiving bank in breach of § <a href='http://law.lis.virginia.gov/vacode/8.4A-302/'>8.4A-302</a> results in (i) noncompletion of the funds transfer, (ii) failure to use an intermediary bank designated by the originator, or (iii) issuance of a payment order that does not comply with the terms of the payment order of the originator, the bank is liable to the originator for its expenses in the funds transfer and for incidental expenses and interest losses, to the extent not covered by subsection (a) of this section, resulting from the improper execution. Except as provided in subsection (c) of this section, additional damages are not recoverable.</p><p>(c) In addition to the amounts payable under subsections (a) and (b) of this section, damages, including consequential damages, are recoverable to the extent provided in an express written agreement of the receiving bank.</p><p>(d) If a receiving bank fails to execute a payment order it was obliged by express agreement to execute, the receiving bank is liable to the sender for its expenses in the transaction and for incidental expenses and interest losses resulting from the failure to execute. Additional damages, including consequential damages, are recoverable to the extent provided in an express written agreement of the receiving bank, but are not otherwise recoverable.</p><p>(e) Reasonable attorney's fees are recoverable if demand for compensation under subsection (a) or (b) of this section is made and refused before an action is brought on the claim. If a claim is made for breach of an agreement under subsection (d) of this section, and the agreement does not provide for damages, reasonable attorney's fees are recoverable if demand for compensation under subsection (d) of this section, is made and refused before an action is brought on the claim.</p><p>(f) Except as stated in this section, the liability of a receiving bank under subsections (a) and (b) of this section may not be varied by agreement.</p><p>1990, c. 9.</p>
+8.4A|COMMERCIAL CODE — FUNDS TRANSFERS|||4|PAYMENT|||||||§ 8.4A-401|Payment date.|<p>"Payment date" of a payment order means the day on which the amount of the order is payable to the beneficiary by the beneficiary's bank. The payment date may be determined by instruction of the sender but cannot be earlier than the day the order is received by the beneficiary's bank and, unless otherwise determined, is the day the order is received by the beneficiary's bank.</p><p>1990, c. 9.</p>
+8.4A|COMMERCIAL CODE — FUNDS TRANSFERS|||4|PAYMENT|||||||§ 8.4A-402|Obligation of sender to pay receiving bank.|<p>(a) This section is subject to §§ <a href='http://law.lis.virginia.gov/vacode/8.4A-205/'>8.4A-205</a> and <a href='http://law.lis.virginia.gov/vacode/8.4A-207/'>8.4A-207</a>.</p><p>(b) With respect to a payment order issued to the beneficiary's bank, acceptance of the order by the bank obliges the sender to pay the bank the amount of the order, but payment is not due until the payment date of the order.</p><p>(c) This subsection is subject to subsection (e) of this section, and to § <a href='http://law.lis.virginia.gov/vacode/8.4A-303/'>8.4A-303</a>. With respect to a payment order issued to a receiving bank other than the beneficiary's bank, acceptance of the order by the receiving bank obliges the sender to pay the bank the amount of the sender's order. Payment by the sender is not due until the execution date of the sender's order. The obligation of that sender to pay its payment order is excused if the funds transfer is not completed by acceptance by the beneficiary's bank of a payment order instructing payment to the beneficiary of that sender's payment order.</p><p>(d) If the sender of a payment order pays the order and was not obliged to pay all or part of the amount paid, the bank receiving payment is obliged to refund payment to the extent the sender was not obliged to pay. Except as provided in §§ <a href='http://law.lis.virginia.gov/vacode/8.4A-204/'>8.4A-204</a> and <a href='http://law.lis.virginia.gov/vacode/8.4A-304/'>8.4A-304</a>, interest is payable on the refundable amount from the date of payment.</p><p>(e) If a funds transfer is not completed as stated in subsection (c) of this section, and an intermediary bank is obliged to refund payment as stated in subsection (d) of this section, but is unable to do so because not permitted by applicable law or because the bank suspends payments, a sender in the funds transfer that executed a payment order in compliance with an instruction, as stated in subdivision (a) (1) of § 8.4 A-302, to route the funds transfer through that intermediary bank is entitled to receive or retain payment from the sender of the payment order that it accepted. The first sender in the funds transfer that issued an instruction requiring routing through that intermediary bank is subrogated to the right of the bank that paid the intermediary bank to refund as stated in subsection (d) of this section.</p><p>(f) The right of the sender of a payment order to be excused from the obligation to pay the order as stated in subsection (c) of this section, or to receive refund under subsection (d) of this section, may not be varied by agreement.</p><p>1990, c. 9.</p>
+8.4A|COMMERCIAL CODE — FUNDS TRANSFERS|||4|PAYMENT|||||||§ 8.4A-403|Payment by sender to receiving bank.|<p>(a) Payment of the sender's obligation under § <a href='http://law.lis.virginia.gov/vacode/8.4A-402/'>8.4A-402</a> to pay the receiving bank occurs as follows:</p><p>(1) If the sender is a bank, payment occurs when the receiving bank receives final settlement of the obligation through a Federal Reserve Bank or through a funds-transfer system.</p><p>(2) If the sender is a bank and the sender (i) credited an account of the receiving bank with the sender, or (ii) caused an account of the receiving bank in another bank to be credited, payment occurs when the credit is withdrawn or, if not withdrawn, at midnight of the day on which the credit is withdrawable and the receiving bank learns of that fact.</p><p>(3) If the receiving bank debits an account of the sender with the receiving bank, payment occurs when the debit is made to the extent the debit is covered by a withdrawable credit balance in the account.</p><p>(b) If the sender and receiving bank are members of a funds-transfer system that nets obligations multilaterally among participants, the receiving bank receives final settlement when settlement is complete in accordance with the rules of the system. The obligation of the sender to pay the amount of a payment order transmitted through the funds-transfer system may be satisfied, to the extent permitted by the rules of the system, by setting off and applying against the sender's obligation the right of the sender to receive payment from the receiving bank of the amount of any other payment order transmitted to the sender by the receiving bank through the funds-transfer system. The aggregate balance of obligations owed by each sender to each receiving bank in the funds-transfer system may be satisfied, to the extent permitted by the rules of the system, by setting off and applying against that balance the aggregate balance of obligations owed to the sender by other members of the system. The aggregate balance is determined after the right of setoff stated in the second sentence of this subsection has been exercised.</p><p>(c) If two banks transmit payment orders to each other under an agreement that settlement of the obligations of each bank to the other under § <a href='http://law.lis.virginia.gov/vacode/8.4A-402/'>8.4A-402</a> will be made at the end of the day or other period, the total amount owed with respect to all orders transmitted by one bank shall be set off against the total amount owed with respect to all orders transmitted by the other bank. To the extent of the setoff, each bank has made payment to the other.</p><p>(d) In a case not covered by subsection (a) of this section, the time when payment of the sender's obligation under subsection (b) or (c) of § <a href='http://law.lis.virginia.gov/vacode/8.4A-402/'>8.4A-402</a> occurs is governed by applicable principles of law that determine when an obligation is satisfied.</p><p>1990, c. 9.</p>
+8.4A|COMMERCIAL CODE — FUNDS TRANSFERS|||4|PAYMENT|||||||§ 8.4A-404|Obligation of beneficiary's bank to pay and give notice to beneficiary.|<p>(a) Subject to subsection (e) of § <a href='http://law.lis.virginia.gov/vacode/8.4A-211/'>8.4A-211</a>, and subsections (d) and (e) of § <a href='http://law.lis.virginia.gov/vacode/8.4A-405/'>8.4A-405</a>, if a beneficiary's bank accepts a payment order, the bank is obliged to pay the amount of the order to the beneficiary of the order. Payment is due on the payment date of the order, but if acceptance occurs on the payment date after the close of the funds-transfer business day of the bank, payment is due on the next funds-transfer business day. If the bank refuses to pay after demand by the beneficiary and receipt of notice of particular circumstances that will give rise to consequential damages as a result of nonpayment, the beneficiary may receive damages resulting from the refusal to pay to the extent the bank had notice of the damages, unless the bank proves that it did not pay because of a reasonable doubt concerning the right of the beneficiary to payment.</p><p>(b) If a payment order accepted by the beneficiary's bank instructs payment to an account of the beneficiary, the bank is obliged to notify the beneficiary of receipt of the order before midnight of the next funds-transfer business day following the payment date. If the payment order does not instruct payment to an account of the beneficiary, the bank is required to notify the beneficiary only if notice is required by the order. Notice may be given by first class mail or any other means reasonable in the circumstances. If the bank fails to give the required notice, the bank is obliged to pay interest to the beneficiary on the amount of the payment order from the day notice should have been given until the day the beneficiary learned of receipt of the payment order by the bank. No other damages are recoverable. Reasonable attorney's fees are also recoverable if demand for interest is made and refused before an action is brought on the claim.</p><p>(c) The right of a beneficiary to receive payment and damages as stated in subsection (a) of this section may not be varied by agreement or a funds-transfer system rule. The right of a beneficiary to be notified as stated in subsection (b) of this section may be varied by agreement of the beneficiary or by a funds-transfer system rule if the beneficiary is notified of the rule before initiation of the funds transfer.</p><p>1990, c. 9.</p>
+8.4A|COMMERCIAL CODE — FUNDS TRANSFERS|||4|PAYMENT|||||||§ 8.4A-405|Payment by beneficiary's bank to beneficiary.|<p>(a) If the beneficiary's bank credits an account of the beneficiary of a payment order, payment of the bank's obligation under subsection (a) of § <a href='http://law.lis.virginia.gov/vacode/8.4A-404/'>8.4A-404</a> occurs when and to the extent (i) the beneficiary is notified of the right to withdraw the credit, (ii) the bank lawfully applies the credit to a debt of the beneficiary, or (iii) funds with respect to the order are otherwise made available to the beneficiary by the bank.</p><p>(b) If the beneficiary's bank does not credit an account of the beneficiary of a payment order, the time when payment of the bank's obligation under subsection (a) of § <a href='http://law.lis.virginia.gov/vacode/8.4A-404/'>8.4A-404</a> occurs is governed by principles of law that determine when an obligation is satisfied.</p><p>(c) Except as stated in subsections (d) and (e) of this section, if the beneficiary's bank pays the beneficiary of a payment order under a condition to payment or agreement of the beneficiary giving the bank the right to recover payment from the beneficiary if the bank does not receive payment of the order, the condition to payment or agreement is not enforceable.</p><p>(d) A funds-transfer system rule may provide that payments made to beneficiaries of funds transfers made through the system are provisional until receipt of payment by the beneficiary's bank of the payment order is accepted. A beneficiary's bank that makes a payment that is provisional under the rule is entitled to refund from the beneficiary if (i) the rule requires that both the beneficiary and the originator be given notice of the provisional nature of the payment before the funds transfer is initiated, (ii) the beneficiary, the beneficiary's bank, and the originator's bank agreed to be bound by the rule, and (iii) the beneficiary's bank did not receive payment of the payment order that it accepted. If the beneficiary is obliged to refund payment to the beneficiary's bank, acceptance of the payment order by the beneficiary's bank is nullified and no payment by the originator of the funds transfer to the beneficiary occurs under § <a href='http://law.lis.virginia.gov/vacode/8.4A-406/'>8.4A-406</a>.</p><p>(e) This subsection applies to a funds transfer that includes a payment order transmitted over a funds-transfer system that (i) nets obligations multilaterally among participants, and (ii) has in effect a loss-sharing agreement among participants for the purpose of providing funds necessary to complete settlement of the obligations of one or more participants that do not meet their settlement obligations. If the beneficiary's bank in the funds transfer accepts a payment order and the system fails to complete settlement pursuant to its rules with respect to any payment order in the funds transfer, (i) the acceptance by the beneficiary's bank is nullified and no person has any right or obligation based on the acceptance, (ii) the beneficiary's bank is entitled to recover payment from the beneficiary, (iii) no payment by the originator to the beneficiary occurs under § <a href='http://law.lis.virginia.gov/vacode/8.4A-406/'>8.4A-406</a> and (iv) subject to subsection (e) of § <a href='http://law.lis.virginia.gov/vacode/8.4A-402/'>8.4A-402</a>, each sender in the funds transfer is excused from its obligation to pay its payment order under subsection (c) of § <a href='http://law.lis.virginia.gov/vacode/8.4A-402/'>8.4A-402</a> because the funds transfer has not been completed.</p><p>1990, c. 9.</p>
+8.4A|COMMERCIAL CODE — FUNDS TRANSFERS|||4|PAYMENT|||||||§ 8.4A-406|Payment by originator to beneficiary; discharge of underlying obligation.|<p>(a) Subject to subsection (e) of § <a href='http://law.lis.virginia.gov/vacode/8.4A-211/'>8.4A-211</a> and subsections (d) and (e) of § <a href='http://law.lis.virginia.gov/vacode/8.4A-405/'>8.4A-405</a>, the originator of a funds transfer pays the beneficiary of the originator's payment order (i) at the time a payment order for the benefit of the beneficiary is accepted by the beneficiary's bank in the funds transfer and (ii) in an amount equal to the amount of the order accepted by the beneficiary's bank, but not more than the amount of the originator's order.</p><p>(b) If payment under subsection (a) of this section is made to satisfy an obligation, the obligation is discharged to the same extent discharge would result from payment to the beneficiary of the same amount in money, unless (i) the payment under subsection (a) of this section was made by a means prohibited by the contract of the beneficiary with respect to the obligation, (ii) the beneficiary, within a reasonable time after receiving notice of receipt of the order by the beneficiary's bank, notified the originator of the beneficiary's refusal of the payment, (iii) funds with respect to the order were not withdrawn by the beneficiary or applied to a debt of the beneficiary, and (iv) the beneficiary would suffer a loss that could reasonably have been avoided if payment had been made by a means complying with the contract. If payment by the originator does not result in discharge under this section, the originator is subrogated to the rights of the beneficiary to receive payment from the beneficiary's bank under subsection (a) of § <a href='http://law.lis.virginia.gov/vacode/8.4A-404/'>8.4A-404</a>.</p><p>(c) For the purpose of determining whether discharge of an obligation occurs under subsection (b) of this section, if the beneficiary's bank accepts a payment order in an amount equal to the amount of the originator's payment order less charges of one or more receiving banks in the funds transfer, payment to the beneficiary is deemed to be in the amount of the originator's order unless upon demand by the beneficiary the originator does not pay the beneficiary the amount of the deducted charges.</p><p>(d) Rights of the originator or of the beneficiary of a funds transfer under this section may be varied only by agreement of the originator and the beneficiary.</p><p>1990, c. 9.</p>
+8.4A|COMMERCIAL CODE — FUNDS TRANSFERS|||5|MISCELLANEOUS PROVISIONS|||||||§ 8.4A-501|Variation by agreement and effect of funds-transfer system rule.|<p>(a) Except as otherwise provided in this title, the rights and obligations of a party to funds transfer may be varied by agreement of the affected party.</p><p>(b) "Funds-transfer system rule" means a rule of an association of banks (i) governing transmission of payment orders by means of a funds-transfer system of the association or rights and obligations with respect to those orders, or (ii) to the extent the rule governs rights and obligations between banks that are parties to a funds transfer in which a Federal Reserve Bank, acting as an intermediary bank, sends a payment order to the beneficiary's bank. Except as otherwise provided in this title, a funds-transfer system rule governing rights and obligations between participating banks using the system may be effective even if the rule conflicts with this title and indirectly affects another party to the funds transfer who does not consent to the rule. A funds-transfer system rule may also govern rights and obligations of parties other than participating banks using the system to the extent stated in subsection (c) of § <a href='http://law.lis.virginia.gov/vacode/8.4A-404/'>8.4A-404</a>, subsection (d) of § <a href='http://law.lis.virginia.gov/vacode/8.4A-405/'>8.4A-405</a>, and subsection (c) of § <a href='http://law.lis.virginia.gov/vacode/8.4A-507/'>8.4A-507</a>.</p><p>1990, c. 9.</p>
+8.4A|COMMERCIAL CODE — FUNDS TRANSFERS|||5|MISCELLANEOUS PROVISIONS|||||||§ 8.4A-502|Creditor process served on receiving bank; setoff by beneficiary's bank.|<p>(a) As used in this section, "creditor process" means levy, attachment, garnishment, notice of lien, sequestration, or similar process issued by or on behalf of a creditor or other claimant with respect to an account.</p><p>(b) This subsection applies to creditor process with respect to an authorized account of the sender of a payment order if the creditor process is served on the receiving bank. For the purpose of determining rights with respect to the creditor process, if the receiving bank accepts the payment order the balance in the authorized account is deemed to be reduced by the amount of the payment order to the extent the bank did not otherwise receive payment of the order, unless the creditor process is served at a time and in a manner affording the bank a reasonable opportunity to act on it before the bank accepts the payment order.</p><p>(c) If a beneficiary's bank has received a payment order for payment to the beneficiary's account in the bank, the following rules apply:</p><p>(1) The bank may credit the beneficiary's account. The amount credited may be set off against an obligation owed by the beneficiary to the bank or may be applied to satisfy creditor process served on the bank with respect to the account.</p><p>(2) The bank may credit the beneficiary's account and allow withdrawal of the amount credited unless creditor process with respect to the account is served at a time and in a manner affording the bank a reasonable opportunity to act to prevent withdrawal.</p><p>(3) If creditor process with respect to the beneficiary's account has been served and the bank has had a reasonable opportunity to act on it, the bank may not reject the payment order except for a reason unrelated to the service of process.</p><p>(d) Creditor process with respect to a payment by the originator to the beneficiary pursuant to a funds transfer may be served only on the beneficiary's bank with respect to the debt owed by that bank to the beneficiary. Any other bank served with the creditor process is not obliged to act with respect to the process.</p><p>1990, c. 9.</p>
+8.4A|COMMERCIAL CODE — FUNDS TRANSFERS|||5|MISCELLANEOUS PROVISIONS|||||||§ 8.4A-503|Injunction or restraining order with respect to funds transfer.|<p>For proper cause and in compliance with applicable law, a court may restrain (i) a person from issuing a payment order to initiate a funds transfer, (ii) an originator's bank from executing the payment order of the originator, or (iii) the beneficiary's bank from releasing funds to the beneficiary or the beneficiary from withdrawing the funds. A court may not otherwise restrain a person from issuing a payment order, paying or receiving payment of a payment order, or otherwise acting with respect to a funds transfer.</p><p>1990, c. 9.</p>
+8.4A|COMMERCIAL CODE — FUNDS TRANSFERS|||5|MISCELLANEOUS PROVISIONS|||||||§ 8.4A-504|Order in which items and payment orders may be charged to account; order of withdrawals from account.|<p>(a) If a receiving bank has received more than one payment order of the sender or one or more payment orders and other items that are payable from the sender's account, the bank may charge the sender's account with respect to the various orders and items in any sequence.</p><p>(b) In determining whether a credit to an account has been withdrawn by the holder of the account or applied to a debt of the holder of the account, credits first made to the account are first withdrawn or applied.</p><p>1990, c. 9.</p>
+8.4A|COMMERCIAL CODE — FUNDS TRANSFERS|||5|MISCELLANEOUS PROVISIONS|||||||§ 8.4A-505|Preclusion of objection to debit of customer's account.|<p>If a receiving bank has received payment from its customer with respect to a payment order issued in the name of the customer as sender and accepted by the bank, and the customer received notification reasonably identifying the order, the customer is precluded from asserting that the bank is not entitled to retain the payment unless the customer notifies the bank of the customer's objection to the payment within one year after the notification was received by the customer.</p><p>1990, c. 9.</p>
+8.4A|COMMERCIAL CODE — FUNDS TRANSFERS|||5|MISCELLANEOUS PROVISIONS|||||||§ 8.4A-506|Rate of interest.|<p>(a) If, under this title, a receiving bank is obliged to pay interest with respect to a payment order issued to the bank, the amount payable may be determined (i) by agreement of the sender and receiving bank, or (ii) by a funds-transfer system rule if the payment order is transmitted through a funds-transfer system.</p><p>(b) If the amount of interest is not determined by an agreement or rule as stated in subsection (a) of this section, the amount is calculated by multiplying the applicable Federal Funds rate by the amount on which interest is payable, and then multiplying the product by the number of days for which interest is payable. The applicable Federal Funds rate is the average of the Federal Funds rates published by the Federal Reserve Bank of New York for each of the days for which interest is payable divided by 360. The Federal Funds rate for any day on which a published rate is not available is the same as the published rate for the next preceding day for which there is a published rate. If a receiving bank that accepted a payment order is required to refund payment to the sender of the order because the funds transfer was not completed, but the failure to complete was not due to any fault by the bank, the interest payable is reduced by a percentage equal to the reserve requirement on deposits of the receiving bank.</p><p>1990, c. 9.</p>
+8.4A|COMMERCIAL CODE — FUNDS TRANSFERS|||5|MISCELLANEOUS PROVISIONS|||||||§ 8.4A-507|Choice of law.|<p>(a) The following rules apply unless the affected parties otherwise agree or subsection (c) of this section applies:</p><p>(1) The rights and obligations between the sender of a payment order and the receiving bank are governed by the law of the jurisdiction in which the receiving bank is located.</p><p>(2) The rights and obligations between the beneficiary's bank and the beneficiary are governed by the law of the jurisdiction in which the beneficiary's bank is located.</p><p>(3) The issue of when payment is made pursuant to a funds transfer by the originator to the beneficiary is governed by the law of the jurisdiction in which the beneficiary's bank is located.</p><p>(b) If the parties described in each subdivision of subsection (a) of this section have made an agreement selecting the law of a particular jurisdiction to govern rights and obligations between each other, the law of that jurisdiction governs those rights and obligations, whether or not the payment order or the funds transfer bears a reasonable relation to that jurisdiction.</p><p>(c) A funds-transfer system rule may select the law of a particular jurisdiction to govern (i) rights and obligations between participating banks with respect to payment orders transmitted or processed through the system, or (ii) the rights and obligations of some or all parties to a funds transfer any part of which is carried out by means of the system. A choice of law made pursuant to clause (i) of this subsection is binding on participating banks. A choice of law made pursuant to clause (ii) of this subsection is binding on the originator, other sender, or a receiving bank having notice that the funds-transfer system might be used in the funds transfer and of the choice of law by the system which the originator, other sender, or receiving bank issued or accepted a payment order. The beneficiary of a funds transfer is bound by the choice of law if, when the funds transfer is initiated, the beneficiary has notice that the funds transfer system might be used in the funds transfer and of the choice of law by the system. The law of a jurisdiction selected pursuant to this subsection may govern, whether or not that law bears a reasonable relation to the matter in issue.</p><p>(d) In the event of inconsistency between an agreement under subsection (b) of this section, and a choice-of-law rule under subsection (c) of this section, the agreement under subsection (b) of this section prevails.</p><p>(e) If a funds transfer is made by use of more than one funds-transfer system and there is inconsistency between choice-of-law rules of the systems, the matter in issue is governed by the law of the selected jurisdiction that has the most significant relationship to the matter in issue.</p><p>1990, c. 9.</p>

Code_of_Virginia/CoVTitle_8.5A.csv

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+8.5A|UNIFORM COMMERCIAL CODE — LETTERS OF CREDIT|||||||||||§ 8.5A-101|Short title.|<p>This title may be cited as Uniform Commercial Code--Letters of Credit (1995).</p><p>1997, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?971+ful+CHAP0343'>343</a>.</p>
+8.5A|UNIFORM COMMERCIAL CODE — LETTERS OF CREDIT|||||||||||§ 8.5A-102|Definitions.|<p>(a) In this title:</p><p>(1) "Adviser" means a person who, at the request of the issuer, a confirmer, or another adviser, notifies or requests another adviser to notify the beneficiary that a letter of credit has been issued, confirmed, or amended.</p><p>(2) "Applicant" means a person at whose request or for whose account a letter of credit is issued. The term includes a person who requests an issuer to issue a letter of credit on behalf of another if the person making the request undertakes an obligation to reimburse the issuer.</p><p>(3) "Beneficiary" means a person who under the terms of a letter of credit is entitled to have its complying presentation honored. The term includes a person to whom drawing rights have been transferred under a transferable letter of credit.</p><p>(4) "Confirmer" means a nominated person who undertakes, at the request or with the consent of the issuer, to honor a presentation under a letter of credit issued by another.</p><p>(5) "Dishonor" of a letter of credit means failure timely to honor or to take an interim action, such as acceptance of a draft, that may be required by the letter of credit.</p><p>(6) "Document" means a draft or other demand, document of title, investment security, certificate, invoice, or other record, statement, or representation of fact, law, right, or opinion (i) which is presented in a written or other medium permitted by the letter of credit or, unless prohibited by the letter of credit, by the standard practice referred to in § <a href='http://law.lis.virginia.gov/vacode/8.5A-108/'>8.5A-108</a>(e) and (ii) which is capable of being examined for compliance with the terms and conditions of the letter of credit. A document may not be oral.</p><p>(7) "Good faith" means honesty in fact in the conduct or transaction concerned.</p><p>(8) "Honor" of a letter of credit means performance of the issuer's undertaking in the letter of credit to pay or deliver an item of value. Unless the letter of credit otherwise provides, "honor" occurs:</p><p>(i) upon payment;</p><p>(ii) if the letter of credit provides for acceptance, upon acceptance of a draft and, at maturity, its payment; or</p><p>(iii) if the letter of credit provides for incurring a deferred obligation, upon incurring the obligation and, at maturity, its performance.</p><p>(9) "Issuer" means a bank or other person that issues a letter of credit, but does not include an individual who makes an engagement for personal, family, or household purposes.</p><p>(10) "Letter of credit" means a definite undertaking that satisfies the requirements of § <a href='http://law.lis.virginia.gov/vacode/8.5A-104/'>8.5A-104</a> by an issuer to a beneficiary at the request or for the account of an applicant or, in the case of a financial institution, to itself or for its own account, to honor a documentary presentation by payment or delivery of an item of value.</p><p>(11) "Nominated person" means a person whom the issuer (i) designates or authorizes to pay, accept, negotiate, or otherwise give value under a letter of credit and (ii) undertakes by agreement or custom and practice to reimburse.</p><p>(12) "Presentation" means delivery of a document to an issuer or nominated person for honor or giving of value under a letter of credit.</p><p>(13) "Presenter" means a person making a presentation as or on behalf of a beneficiary or nominated person.</p><p>(14) "Record" means information that is inscribed on a tangible medium, or that is stored in an electronic or other medium and is retrievable in perceivable form.</p><p>(15) "Successor of a beneficiary" means a person who succeeds to substantially all of the rights of a beneficiary by operation of law, including a corporation with or into which the beneficiary has been merged or consolidated, an administrator, executor, personal representative, trustee in bankruptcy, debtor in possession, liquidator, and receiver.</p><p>(b) Definitions in other titles applying to this title and the sections in which they appear are:</p><p>"Accept" or "Acceptance" -- § <a href='http://law.lis.virginia.gov/vacode/8.3A-409/'>8.3A-409</a>.</p><p>"Value" -- §§ <a href='http://law.lis.virginia.gov/vacode/8.3A-303/'>8.3A-303</a> and <a href='http://law.lis.virginia.gov/vacode/8.4A-211/'>8.4A-211</a>.</p><p>(c) Title 8.1A contains certain additional general definitions and principles of construction and interpretation applicable throughout this title.</p><p>1997, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?971+ful+CHAP0343'>343</a>; 2003, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?031+ful+CHAP0353'>353</a>.</p>
+8.5A|UNIFORM COMMERCIAL CODE — LETTERS OF CREDIT|||||||||||§ 8.5A-103|Scope.|<p>(a) This title applies to letters of credit and to certain rights and obligations arising out of transactions involving letters of credit.</p><p>(b) The statement of a rule in this title does not by itself require, imply, or negate application of the same or a different rule to a situation not provided for, or to a person not specified, in this title.</p><p>(c) With the exception of this subsection, subsections (a) and (d), §§ <a href='http://law.lis.virginia.gov/vacode/8.5A-102/'>8.5A-102</a>(a) (9) and (10), <a href='http://law.lis.virginia.gov/vacode/8.5A-106/'>8.5A-106</a>(d), and <a href='http://law.lis.virginia.gov/vacode/8.5A-114/'>8.5A-114</a>(d), and except to the extent prohibited in §§ <a href='http://law.lis.virginia.gov/vacode/8.1A-302/'>8.1A-302</a> and <a href='http://law.lis.virginia.gov/vacode/8.5A-117/'>8.5A-117</a>(d), the effect of this title may be varied by agreement or by a provision stated or incorporated by reference in an undertaking. A term in an agreement or undertaking generally excusing liability or generally limiting remedies for failure to perform obligations is not sufficient to vary obligations prescribed by this title.</p><p>(d) Rights and obligations of an issuer to a beneficiary or a nominated person under a letter of credit are independent of the existence, performance, or nonperformance of a contract or arrangement out of which the letter of credit arises or which underlies it, including contracts or arrangements between the issuer and the applicant and between the applicant and the beneficiary.</p><p>1997, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?971+ful+CHAP0343'>343</a>; 2003, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?031+ful+CHAP0353'>353</a>.</p>
+8.5A|UNIFORM COMMERCIAL CODE — LETTERS OF CREDIT|||||||||||§ 8.5A-104|Formal requirements.|<p>A letter of credit, confirmation, advice, transfer, amendment, or cancellation may be issued in any form that is a record and is authenticated (i) by a signature or (ii) in accordance with the agreement of the parties or the standard practice referred to in § <a href='http://law.lis.virginia.gov/vacode/8.5A-108/'>8.5A-108</a>(e).</p><p>1997, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?971+ful+CHAP0343'>343</a>.</p>
+8.5A|UNIFORM COMMERCIAL CODE — LETTERS OF CREDIT|||||||||||§ 8.5A-105|Consideration.|<p>Consideration is not required to issue, amend, transfer, or cancel a letter of credit, advice, or confirmation.</p><p>1997, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?971+ful+CHAP0343'>343</a>.</p>
+8.5A|UNIFORM COMMERCIAL CODE — LETTERS OF CREDIT|||||||||||§ 8.5A-106|Issuance, amendment, cancellation, and duration.|<p>(a) A letter of credit is issued and becomes enforceable according to its terms against the issuer when the issuer sends or otherwise transmits it to the person requested to advise or to the beneficiary. A letter of credit is revocable only if it so provides.</p><p>(b) After a letter of credit is issued, rights and obligations of a beneficiary, applicant, confirmer, and issuer are not affected by an amendment or cancellation to which that person has not consented except to the extent the letter of credit provides that it is revocable or that the issuer may amend or cancel the letter of credit without that consent.</p><p>(c) If there is no stated expiration date or other provision that determines its duration, a letter of credit expires one year after its stated date of issuance or, if none is stated, after the date on which it is issued.</p><p>(d) A letter of credit that states that it is perpetual expires five years after its stated date of issuance, or if none is stated, after the date on which it is issued.</p><p>1997, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?971+ful+CHAP0343'>343</a>.</p>
+8.5A|UNIFORM COMMERCIAL CODE — LETTERS OF CREDIT|||||||||||§ 8.5A-107|Confirmer, nominated person, and adviser.|<p>(a) A confirmer is directly obligated on a letter of credit and has the rights and obligations of an issuer to the extent of its confirmation. The confirmer also has rights against and obligations to the issuer as if the issuer were an applicant and the confirmer had issued the letter of credit at the request and for the account of the issuer.</p><p>(b) A nominated person who is not a confirmer is not obligated to honor or otherwise give value for a presentation.</p><p>(c) A person requested to advise may decline to act as an adviser. An adviser that is not a confirmer is not obligated to honor or give value for a presentation. An adviser undertakes to the issuer and to the beneficiary accurately to advise the terms of the letter of credit, confirmation, amendment, or advice received by that person and undertakes to the beneficiary to check the apparent authenticity of the request to advise. Even if the advice is inaccurate, the letter of credit, confirmation, or amendment is enforceable as issued.</p><p>(d) A person who notifies a transferee beneficiary of the terms of a letter of credit, confirmation, amendment, or advice has the rights and obligations of an adviser under subsection (c). The terms in the notice to the transferee beneficiary may differ from the terms in any notice to the transferor beneficiary to the extent permitted by the letter of credit, confirmation, amendment, or advice received by the person who so notifies.</p><p>1997, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?971+ful+CHAP0343'>343</a>.</p>
+8.5A|UNIFORM COMMERCIAL CODE — LETTERS OF CREDIT|||||||||||§ 8.5A-108|Issuer's rights and obligations.|<p>(a) Except as otherwise provided in § <a href='http://law.lis.virginia.gov/vacode/8.5A-109/'>8.5A-109</a>, an issuer shall honor a presentation that, as determined by the standard practice referred to in subsection (e), appears on its face strictly to comply with the terms and conditions of the letter of credit. Except as otherwise provided in § <a href='http://law.lis.virginia.gov/vacode/8.5A-113/'>8.5A-113</a> and unless otherwise agreed with the applicant, an issuer shall dishonor a presentation that does not appear so to comply.</p><p>(b) An issuer has a reasonable time after presentation, but not beyond the end of the seventh business day of the issuer after the day of its receipt of documents:</p><p>(1) to honor;</p><p>(2) if the letter of credit provides for honor to be completed more than seven business days after presentation, to accept a draft or incur a deferred obligation; or</p><p>(3) to give notice to the presenter of discrepancies in the presentation.</p><p>(c) Except as otherwise provided in subsection (d), an issuer is precluded from asserting as a basis for dishonor any discrepancy if timely notice is not given, or any discrepancy not stated in the notice if timely notice is given.</p><p>(d) Failure to give the notice specified in subsection (b) or to mention fraud, forgery, or expiration in the notice does not preclude the issuer from asserting as a basis for dishonor fraud or forgery as described in § <a href='http://law.lis.virginia.gov/vacode/8.5A-109/'>8.5A-109</a>(a) or expiration of the letter of credit before presentation.</p><p>(e) An issuer shall observe standard practice of financial institutions that regularly issue letters of credit. Determination of the issuer's observance of the standard practice is a matter of interpretation for the court. The court shall offer the parties a reasonable opportunity to present evidence of the standard practice.</p><p>(f) An issuer is not responsible for:</p><p>(1) the performance or nonperformance of the underlying contract, arrangement, or transaction;</p><p>(2) an act or omission of others; or</p><p>(3) observance or knowledge of the usage of a particular trade other than the standard practice referred to in subsection (e).</p><p>(g) If an undertaking constituting a letter of credit under § <a href='http://law.lis.virginia.gov/vacode/8.5A-102/'>8.5A-102</a>(a) (10) contains nondocumentary conditions, an issuer shall disregard the nondocumentary conditions and treat them as if they were not stated.</p><p>(h) An issuer that has dishonored a presentation shall return the documents or hold them at the disposal of, and send advice to that effect to, the presenter.</p><p>(i) An issuer that has honored a presentation as permitted or required by this title:</p><p>(1) is entitled to be reimbursed by the applicant in immediately available funds not later than the date of its payment of funds;</p><p>(2) takes the documents free of claims of the beneficiary or presenter;</p><p>(3) is precluded from asserting a right of recourse on a draft under §§ <a href='http://law.lis.virginia.gov/vacode/8.3A-414/'>8.3A-414</a> and <a href='http://law.lis.virginia.gov/vacode/8.3A-415/'>8.3A-415</a>;</p><p>(4) except as otherwise provided in §§ <a href='http://law.lis.virginia.gov/vacode/8.5A-110/'>8.5A-110</a> and <a href='http://law.lis.virginia.gov/vacode/8.5A-117/'>8.5A-117</a>, is precluded from restitution of money paid or other value given by mistake to the extent the mistake concerns discrepancies in the documents or tender which are apparent on the face of the presentation; and</p><p>(5) is discharged to the extent of its performance under the letter of credit unless the issuer honored a presentation in which a required signature of a beneficiary was forged.</p><p>1997, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?971+ful+CHAP0343'>343</a>.</p>
+8.5A|UNIFORM COMMERCIAL CODE — LETTERS OF CREDIT|||||||||||§ 8.5A-109|Fraud and forgery.|<p>(a) If a presentation is made that appears on its face strictly to comply with the terms and conditions of the letter of credit, but a required document is forged or materially fraudulent, or honor of the presentation would facilitate a material fraud by the beneficiary on the issuer or applicant:</p><p>(1) the issuer shall honor the presentation, if honor is demanded by (i) a nominated person who has given value in good faith and without notice of forgery or material fraud, (ii) a confirmer who has honored its confirmation in good faith, (iii) a holder in due course of a draft drawn under the letter of credit which was taken after acceptance by the issuer or nominated person, or (iv) an assignee of the issuer's or nominated person's deferred obligation that was taken for value and without notice of forgery or material fraud after the obligation was incurred by the issuer or nominated person; and</p><p>(2) the issuer, acting in good faith, may honor or dishonor the presentation in any other case.</p><p>(b) If an applicant claims that a required document is forged or materially fraudulent or that honor of the presentation would facilitate a material fraud by the beneficiary on the issuer or applicant, a court of competent jurisdiction may temporarily or permanently enjoin the issuer from honoring a presentation or grant similar relief against the issuer or other persons only if the court finds that:</p><p>(1) the relief is not prohibited under the law applicable to an accepted draft or deferred obligation incurred by the issuer;</p><p>(2) a beneficiary, issuer, or nominated person who may be adversely affected is adequately protected against loss that it may suffer because the relief is granted;</p><p>(3) all of the conditions to entitle a person to the relief under the law of this Commonwealth have been met; and</p><p>(4) on the basis of the information submitted to the court, the applicant is more likely than not to succeed under its claim of forgery or material fraud and the person demanding honor does not qualify for protection under subsection (a) (1).</p><p>1997, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?971+ful+CHAP0343'>343</a>.</p>
+8.5A|UNIFORM COMMERCIAL CODE — LETTERS OF CREDIT|||||||||||§ 8.5A-110|Warranties.|<p>(a) If its presentation is honored, the beneficiary warrants:</p><p>(1) to the issuer, any other person to whom presentation is made, and the applicant that there is no fraud or forgery of the kind described in § <a href='http://law.lis.virginia.gov/vacode/8.5A-109/'>8.5A-109</a>(a); and</p><p>(2) to the applicant that the drawing does not violate any agreement between the applicant and beneficiary or any other agreement intended by them to be augmented by the letter of credit.</p><p>(b) The warranties in subsection (a) are in addition to warranties arising under Titles 8.3A, 8.4, 8.7, and 8.8A because of the presentation or transfer of documents covered by any of those titles.</p><p>1997, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?971+ful+CHAP0343'>343</a>.</p>
+8.5A|UNIFORM COMMERCIAL CODE — LETTERS OF CREDIT|||||||||||§ 8.5A-111|Remedies.|<p>(a) If an issuer wrongfully dishonors or repudiates its obligation to pay money under a letter of credit before presentation, the beneficiary, successor, or nominated person presenting on its own behalf may recover from the issuer the amount that is the subject of the dishonor or repudiation. If the issuer's obligation under the letter of credit is not for the payment of money, the claimant may obtain specific performance or, at the claimant's election, recover an amount equal to the value of performance from the issuer. In either case, the claimant may also recover incidental but not consequential damages. The claimant is not obligated to take action to avoid damages that might be due from the issuer under this subsection. If, although not obligated to do so, the claimant avoids damages, the claimant's recovery from the issuer must be reduced by the amount of damages avoided. The issuer has the burden of proving the amount of damages avoided. In the case of repudiation, the claimant need not present any document.</p><p>(b) If an issuer wrongfully dishonors a draft or demand presented under a letter of credit or honors a draft or demand in breach of its obligation to the applicant, the applicant may recover damages resulting from the breach, including incidental but not consequential damages, less any amount saved as a result of the breach.</p><p>(c) If an adviser or nominated person other than a confirmer breaches an obligation under this title or an issuer breaches an obligation not covered in subsection (a) or (b), a person to whom the obligation is owed may recover damages resulting from the breach, including incidental but not consequential damages, less any amount saved as a result of the breach. To the extent of the confirmation, a confirmer has the liability of an issuer specified in this subsection and subsections (a) and (b).</p><p>(d) An issuer, nominated person, or adviser who is found liable under subsection (a), (b), or (c) shall pay interest on the amount owed thereunder from the date of wrongful dishonor or other appropriate date.</p><p>(e) Reasonable attorney's fees and other expenses of litigation must be awarded to the prevailing party in an action in which a remedy is sought under this title.</p><p>(f) Damages that would otherwise be payable by a party for breach of an obligation under this title may be liquidated by agreement or undertaking, but only in an amount or by a formula that is reasonable in light of the harm anticipated.</p><p>1997, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?971+ful+CHAP0343'>343</a>.</p>
+8.5A|UNIFORM COMMERCIAL CODE — LETTERS OF CREDIT|||||||||||§ 8.5A-112|Transfer of letter of credit.|<p>(a) Except as otherwise provided in § <a href='http://law.lis.virginia.gov/vacode/8.5A-113/'>8.5A-113</a>, unless a letter of credit provides that it is transferable, the right of a beneficiary to draw or otherwise demand performance under a letter of credit may not be transferred.</p><p>(b) Even if a letter of credit provides that it is transferable, the issuer may refuse to recognize or carry out a transfer if:</p><p>(1) the transfer would violate applicable law; or</p><p>(2) the transferor or transferee has failed to comply with any requirement stated in the letter of credit or any other requirement relating to transfer imposed by the issuer which is within the standard practice referred to in § <a href='http://law.lis.virginia.gov/vacode/8.5A-108/'>8.5A-108</a>(e) or is otherwise reasonable under the circumstances.</p><p>1997, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?971+ful+CHAP0343'>343</a>.</p>
+8.5A|UNIFORM COMMERCIAL CODE — LETTERS OF CREDIT|||||||||||§ 8.5A-113|Transfer by operation of law.|<p>(a) A successor of a beneficiary may consent to amendments, sign and present documents, and receive payment or other items of value in the name of the beneficiary without disclosing its status as a successor.</p><p>(b) A successor of a beneficiary may consent to amendments, sign and present documents, and receive payment or other items of value in its own name as the disclosed successor of the beneficiary. Except as otherwise provided in subsection (e), an issuer shall recognize a disclosed successor of a beneficiary as beneficiary in full substitution for its predecessor upon compliance with the requirements for recognition by the issuer of a transfer of drawing rights by operation of law under the standard practice referred to in § <a href='http://law.lis.virginia.gov/vacode/8.5A-108/'>8.5A-108</a>(e) or, in the absence of such a practice, compliance with other reasonable procedures sufficient to protect the issuer.</p><p>(c) An issuer is not obliged to determine whether a purported successor is a successor of a beneficiary or whether the signature of a purported successor is genuine or authorized.</p><p>(d) Honor of a purported successor's apparently complying presentation under subsection (a) or (b) has the consequences specified in § <a href='http://law.lis.virginia.gov/vacode/8.5A-108/'>8.5A-108</a>(i) even if the purported successor is not the successor of a beneficiary. Documents signed in the name of the beneficiary or of a disclosed successor by a person who is neither the beneficiary nor the successor of the beneficiary are forged documents for the purposes of § <a href='http://law.lis.virginia.gov/vacode/8.5A-109/'>8.5A-109</a>.</p><p>(e) An issuer whose rights of reimbursement are not covered by subsection (d) or substantially similar law and any confirmer or nominated person may decline to recognize a presentation under subsection (b).</p><p>(f) A beneficiary whose name is changed after the issuance of a letter of credit has the same rights and obligations as a successor of a beneficiary under this section.</p><p>1997, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?971+ful+CHAP0343'>343</a>.</p>
+8.5A|UNIFORM COMMERCIAL CODE — LETTERS OF CREDIT|||||||||||§ 8.5A-114|Assignment of proceeds.|<p>(a) In this section, "proceeds of a letter of credit" means the cash, check, accepted draft, or other item of value paid or delivered upon honor or giving of value by the issuer or any nominated person under the letter of credit. The term does not include a beneficiary's drawing rights or documents presented by the beneficiary.</p><p>(b) A beneficiary may assign its right to part or all of the proceeds of a letter of credit. The beneficiary may do so before presentation as a present assignment of its right to receive proceeds contingent upon its compliance with the terms and conditions of the letter of credit.</p><p>(c) An issuer or nominated person need not recognize an assignment of proceeds of a letter of credit until it consents to the assignment.</p><p>(d) An issuer or nominated person has no obligation to give or withhold its consent to an assignment of proceeds of a letter of credit, but consent may not be unreasonably withheld if the assignee possesses and exhibits the letter of credit and presentation of the letter of credit is a condition to honor.</p><p>(e) Rights of a transferee beneficiary or nominated person are independent of the beneficiary's assignment of the proceeds of a letter of credit and are superior to the assignee's right to the proceeds.</p><p>(f) Neither the rights recognized by this section between an assignee and an issuer, transferee beneficiary, or nominated person nor the issuer's or nominated person's payment of proceeds to an assignee or a third person affect the rights between the assignee and any person other than the issuer, transferee beneficiary, or nominated person. The mode of creating and perfecting a security interest in or granting an assignment of a beneficiary's rights to proceeds is governed by Title 8.9A or other law. Against persons other than the issuer, transferee beneficiary, or nominated person, the rights and obligations arising upon the creation of a security interest or other assignment of a beneficiary's right to proceeds and its perfection are governed by Title 8.9A or other law.</p><p>1997, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?971+ful+CHAP0343'>343</a>.</p>
+8.5A|UNIFORM COMMERCIAL CODE — LETTERS OF CREDIT|||||||||||§ 8.5A-115|Statute of limitations.|<p>An action to enforce a right or obligation arising under this title must be commenced within one year after the expiration date of the relevant letter of credit or one year after the cause of action accrues, whichever occurs later. A cause of action accrues when the breach occurs, regardless of the aggrieved party's lack of knowledge of the breach.</p><p>1997, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?971+ful+CHAP0343'>343</a>.</p>
+8.5A|UNIFORM COMMERCIAL CODE — LETTERS OF CREDIT|||||||||||§ 8.5A-116|Choice of law and forum.|<p>(a) The liability of an issuer, nominated person, or adviser for action or omission is governed by the law of the jurisdiction chosen by an agreement in the form of a record signed or otherwise authenticated by the affected parties in the manner provided in § <a href='http://law.lis.virginia.gov/vacode/8.5A-104/'>8.5A-104</a> or by a provision in the person's letter of credit, confirmation, or other undertaking. The jurisdiction whose law is chosen need not bear any relation to the transaction.</p><p>(b) Unless subsection (a) applies, the liability of an issuer, nominated person, or adviser for action or omission is governed by the law of the jurisdiction in which the person is located. The person is considered to be located at the address indicated in the person's undertaking. If more than one address is indicated, the person is considered to be located at the address from which the person's undertaking was issued. For the purpose of jurisdiction, choice of law, and recognition of interbranch letters of credit, but not enforcement of a judgment, all branches of a bank are considered separate juridical entities and a bank is considered to be located at the place where its relevant branch is considered to be located under this subsection.</p><p>(c) Except as otherwise provided in this subsection, the liability of an issuer, nominated person, or adviser is governed by any rules of custom or practice, such as the Uniform Customs and Practice for Documentary Credits, to which the letter of credit, confirmation, or other undertaking is expressly made subject. If (i) this title would govern the liability of an issuer, nominated person, or adviser under subsection (a) or (b), (ii) the relevant undertaking incorporates rules of custom or practice, and (iii) there is conflict between this title and those rules as applied to that undertaking, those rules govern except to the extent of any conflict with the nonvariable provisions specified in § <a href='http://law.lis.virginia.gov/vacode/8.5A-103/'>8.5A-103</a>(c).</p><p>(d) If there is conflict between this title and Titles 8.3A, 8.4, 8.4A, or 8.9A, this title governs.</p><p>(e) The forum for settling disputes arising out of an undertaking within this title may be chosen in the manner and with the binding effect that governing law may be chosen in accordance with subsection (a).</p><p>1997, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?971+ful+CHAP0343'>343</a>.</p>
+8.5A|UNIFORM COMMERCIAL CODE — LETTERS OF CREDIT|||||||||||§ 8.5A-117|Subrogation of issuer, applicant, and nominated person.|<p>(a) An issuer that honors a beneficiary's presentation is subrogated to the rights of the beneficiary to the same extent as if the issuer were a secondary obligor of the underlying obligation owed to the beneficiary and of the applicant to the same extent as if the issuer were the secondary obligor of the underlying obligation owed to the applicant.</p><p>(b) An applicant that reimburses an issuer is subrogated to the rights of the issuer against any beneficiary, presenter, or nominated person to the same extent as if the applicant were the secondary obligor of the obligations owed to the issuer and has the rights of subrogation of the issuer to the rights of the beneficiary stated in subsection (a).</p><p>(c) A nominated person who pays or gives value against a draft or demand presented under a letter of credit is subrogated to the rights of:</p><p>(1) the issuer against the applicant to the same extent as if the nominated person were a secondary obligor of the obligation owed to the issuer by the applicant;</p><p>(2) the beneficiary to the same extent as if the nominated person were a secondary obligor of the underlying obligation owed to the beneficiary; and</p><p>(3) the applicant to same extent as if the nominated person were a secondary obligor of the underlying obligation owed to the applicant.</p><p>(d) Notwithstanding any agreement or term to the contrary, the rights of subrogation stated in subsections (a) and (b) do not arise until the issuer honors the letter of credit or otherwise pays, and the rights in subsection (c) do not arise until the nominated person pays or otherwise gives value. Until then, the issuer, nominated person, and the applicant do not derive under this section present or prospective rights forming the basis of a claim, defense, or excuse.</p><p>1997, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?971+ful+CHAP0343'>343</a>.</p>
+8.5A|UNIFORM COMMERCIAL CODE — LETTERS OF CREDIT|||||||||||§ 8.5A-117.1|Security interest of issuer or nominated person.|<p>(a) An issuer or nominated person has a security interest in a document presented under a letter of credit to the extent that the issuer or nominated person honors or gives value for the presentation.</p><p>(b) So long as and to the extent that an issuer or nominated person has not been reimbursed or has not otherwise recovered the value given with respect to a security interest in a document under subsection (a), the security interest continues and is subject to Title 8.9A, but:</p><p>(1) a security agreement is not necessary to make the security interest enforceable under subdivision (b) (3) of § <a href='http://law.lis.virginia.gov/vacode/8.9A-203/'>8.9A-203</a>;</p><p>(2) if the document is presented in a medium other than a written or other tangible medium, the security interest is perfected; and</p><p>(3) if the document is presented in a written or other tangible medium and is not a certificated security, chattel paper, a document of title, an instrument, or a letter of credit, the security interest is perfected and has priority over a conflicting security interest in the document so long as the debtor does not have possession of the document.</p><p>2000, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?001+ful+CHAP1007'>1007</a>.</p>
+8.5A|UNIFORM COMMERCIAL CODE — LETTERS OF CREDIT|||||||||||§ 8.5A-118|Applicability.|<p>This title applies to a letter of credit that is issued on or after January 1, 1998. This title does not apply to a transaction, event, obligation, or duty arising out of or associated with a letter of credit that was issued before January 1, 1998. A transaction arising out of or associated with a letter of credit that was issued before January 1, 1998, and the rights, obligations, and interests flowing from that transaction are governed by Title 8.5 as it was effective on December 31, 1997, as if repeal or amendment had not occurred and may be terminated, completed, consummated, or enforced under that statute.</p><p>1997, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?971+ful+CHAP0343'>343</a>.</p>

Code_of_Virginia/CoVTitle_8.7.csv

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+8.7|COMMERCIAL CODE — WAREHOUSE RECEIPTS, BILLS OF LADING AND OTHER DOCUMENTS OF TITLE|||1|GENERAL|||||||§ 8.7-101|Short title.|<p>This title shall be known and may be cited as Uniform Commercial Code -- Documents of Title.</p><p>1964, c. 219.</p>
+8.7|COMMERCIAL CODE — WAREHOUSE RECEIPTS, BILLS OF LADING AND OTHER DOCUMENTS OF TITLE|||1|GENERAL|||||||§ 8.7-102|Definitions and index of definitions.|<p>(1) In this title, unless the context otherwise requires:</p><p>(a) "Bailee" means the person who by a warehouse receipt, bill of lading or other document acknowledges possession of goods and contracts to deliver them.</p><p>(b) "Carrier" means a person that issues a bill of lading.</p><p>(c) "Consignee" means the person named in a bill to whom or to whose order the bill promises delivery.</p><p>(d) "Consignor" means the person named in a bill as the person from whom the goods have been received for shipment.</p><p>(e) "Delivery order" means a record that contains an order to deliver goods directed to a warehouseman, carrier or other person who in the ordinary course of business issues warehouse receipts or bills of lading.</p><p>(f) "Document" means document of title as defined in the general definitions in Title 8.1A (§ <a href='http://law.lis.virginia.gov/vacode/8.1A-201/'>8.1A-201</a>).</p><p>(g) "Good faith" means honesty in fact and the observance of reasonable commercial standards of fair dealing.</p><p>(h) "Goods" means all things that are treated as movable for the purposes of a contract of storage or transportation.</p><p>(i) "Issuer" means a bailee who issues a document except that in relation to an unaccepted delivery order it means the person who orders the possessor of goods to deliver. Issuer includes any person for whom an agent or employee purports to act in issuing a document if the agent or employee has real or apparent authority to issue documents, even if the issuer received no goods, the goods were misdescribed, or in any other respect the agent or employee violated the issuer's instructions.</p><p>(j) "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.</p><p>(k) "Shipper" means a person that enters into a contract of transportation with a carrier.</p><p>(l) "Sign" means, with present intent to authenticate or adopt a record (1) to execute or adopt a tangible symbol or (2) to attach to or logically associate with the record an electronic sound, symbol, or process.</p><p>(m) "Warehouseman" is a person engaged in the business of storing goods for hire.</p><p>(2) Other definitions applying to this title or to specified parts thereof, and the sections in which they appear are:</p><p>"Duly negotiate." § <a href='http://law.lis.virginia.gov/vacode/8.7-501/'>8.7-501</a>.</p><p>"Person entitled under the document." § <a href='http://law.lis.virginia.gov/vacode/8.7-403/'>8.7-403</a>(4).</p><p>(3) Definitions in other titles applying to this title and the sections in which they appear are:</p><p>"Contract for sale." § <a href='http://law.lis.virginia.gov/vacode/8.2-106/'>8.2-106</a>.</p><p>"Lessee in ordinary course." § <a href='http://law.lis.virginia.gov/vacode/8.2A-103/'>8.2A-103</a>.</p><p>"Overseas." § <a href='http://law.lis.virginia.gov/vacode/8.2-323/'>8.2-323</a>.</p><p>"Receipt" of goods. § <a href='http://law.lis.virginia.gov/vacode/8.2-103/'>8.2-103</a>.</p><p>(4) In addition Title 8.1A contains general definitions and principles of construction and interpretation applicable throughout this title.</p><p>Code 1950, § 61-1; 1964, c. 219; 2003, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?031+ful+CHAP0353'>353</a>; 2004, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?041+ful+CHAP0200'>200</a>.</p>
+8.7|COMMERCIAL CODE — WAREHOUSE RECEIPTS, BILLS OF LADING AND OTHER DOCUMENTS OF TITLE|||1|GENERAL|||||||§ 8.7-103|Relation of title to treaty or statute.|<p>(1) To the extent that any treaty or statute of the United States or regulatory statute of this State is applicable, the provisions of this title are subject thereto.</p><p>(2) This article does not modify or repeal any law prescribing the form or content of a document of title or the services or facilities to be afforded by a bailee, or otherwise regulating a bailee's business in respects not specifically treated in this article. However, violation of such a law does not affect the status of a document that otherwise is within the definition of a document.</p><p>(3) This Title modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act (15 U.S.C. § 7001, et seq.) but does not modify, limit, or supersede Section 101(c) of that act (15 U.S.C. § 7001(c)) or authorize electronic delivery of any of the notices described in Section 103 (b) of that act (15 U.S.C. § 7003 (b)).</p><p>(4) To the extent there is a conflict between the Uniform Electronic Transactions Act (§ <a href='http://law.lis.virginia.gov/vacode/59.1-479/'>59.1-479</a> et seq.) and this article this article governs.</p><p>1964, c. 219; 2004, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?041+ful+CHAP0200'>200</a>.</p>
+8.7|COMMERCIAL CODE — WAREHOUSE RECEIPTS, BILLS OF LADING AND OTHER DOCUMENTS OF TITLE|||1|GENERAL|||||||§ 8.7-104|Negotiable and nonnegotiable documents.|<p>(1) Except as otherwise provided in subsection 3, a document is negotiable:</p><p>(a) if by its terms the goods are to be delivered to bearer or to the order of a named person; or</p><p>(b) where recognized in overseas trade, if it runs to a named person or assigns.</p><p>(2) A document other than one described in subsection 1 is nonnegotiable. A bill of lading in which it is stated that the goods are consigned to a named person is not made negotiable by a provision that the goods are to be delivered only against an order in a record signed by the same or another named person.</p><p>(3) A document is nonnegotiable if, at the time it is issued, the document has a conspicuous legend, however expressed, that it is nonnegotiable.</p><p>Code 1950, §§ 61-7, 61-8; 1964, c. 219; 2004, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?041+ful+CHAP0200'>200</a>.</p>
+8.7|COMMERCIAL CODE — WAREHOUSE RECEIPTS, BILLS OF LADING AND OTHER DOCUMENTS OF TITLE|||1|GENERAL|||||||§ 8.7-105|Repealed.|<p>Repealed by Acts 2004, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?041+ful+CHAP0200'>200</a>.</p>
+8.7|COMMERCIAL CODE — WAREHOUSE RECEIPTS, BILLS OF LADING AND OTHER DOCUMENTS OF TITLE|||1|GENERAL|||||||§ 8.7-105.1|Reissuance in alternative medium.|<p>(1) Upon request of a person entitled under an electronic document, the issuer of the electronic document may issue a tangible document as a substitute for the electronic document if:</p><p>(a) the person entitled under the electronic document surrenders control of the document to the issuer; and</p><p>(b) the tangible document when issued contains a statement that it is issued in substitution for the electronic document.</p><p>(2) Upon issuance of a tangible document in substitution for an electronic document in accordance with subsection (1):</p><p>(a) the electronic document ceases to have any effect or validity; and</p><p>(b) the person that procured issuance of the tangible document warrants to all subsequent persons entitled under the tangible document that the warrantor was a person entitled under the electronic document when the warrantor surrendered control of the electronic document to the issuer.</p><p>(3) Upon request of a person entitled under a tangible document, the issuer of the tangible document may issue an electronic document as a substitute for the tangible document if:</p><p>(a) the person entitled under the tangible document surrenders possession of the document to the issuer; and</p><p>(b) the electronic document when issued contains a statement that it is issued in substitution for the tangible document.</p><p>(4) Upon issuance of an electronic document in substitution for a tangible document in accordance with subsection (3):</p><p>(a) the tangible document ceases to have any effect or validity; and</p><p>(b) the person that procured issuance of the electronic document warrants to all subsequent persons entitled under the electronic document that the warrantor was a person entitled under the tangible document when the warrantor surrendered possession of the tangible document to the issuer.</p><p>2004, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?041+ful+CHAP0200'>200</a>.</p>
+8.7|COMMERCIAL CODE — WAREHOUSE RECEIPTS, BILLS OF LADING AND OTHER DOCUMENTS OF TITLE|||1|GENERAL|||||||§ 8.7-106|Control of electronic document.|<p>(1) A person has control of an electronic document if a system employed for evidencing the transfer of interests in the electronic document reliably establishes that person as the person to which the electronic document was issued or transferred.</p><p>(2) A system satisfies subsection (1), and a person is deemed to have control of an electronic document, if the document is created, stored, and assigned in such a manner that:</p><p>(a) a single authoritative copy of the document exists that is unique, identifiable, and, except as otherwise provided in subdivisions (c), (d), and (e), unalterable;</p><p>(b) the authoritative copy identifies the person asserting control as:</p><p>(i) the person to whom the document was issued; or</p><p>(ii) if the authoritative copy indicates that the document has been transferred, the person to whom the document was most recently transferred;</p><p>(c) the authoritative copy is communicated to and maintained by the person asserting control or his designated custodian;</p><p>(d) copies or amendments that add or change an identified assignee of the authoritative copy can be made only with the consent of the person asserting control;</p><p>(e) each copy of the authoritative copy and any copy of a copy is readily identifiable as a copy that is not the authoritative copy; and</p><p>(f) any amendment of the authoritative copy is readily identifiable as authorized or unauthorized.</p><p>2004, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?041+ful+CHAP0200'>200</a>.</p>
+8.7|COMMERCIAL CODE — WAREHOUSE RECEIPTS, BILLS OF LADING AND OTHER DOCUMENTS OF TITLE|||2|WAREHOUSE RECEIPTS: SPECIAL PROVISIONS|||||||§ 8.7-201|Who may issue a warehouse receipt; storage under government bond.|<p>(1) A warehouse receipt may be issued by any warehouseman.</p><p>(2) Where goods including distilled spirits and agricultural commodities are stored under a statute requiring a bond against withdrawal or a license for the issuance of receipts in the nature of warehouse receipts, a receipt issued for the goods has like effect as a warehouse receipt even though issued by a person who is the owner of the goods and is not a warehouseman.</p><p>Code 1950, § 61-4; 1964, c. 219.</p>
+8.7|COMMERCIAL CODE — WAREHOUSE RECEIPTS, BILLS OF LADING AND OTHER DOCUMENTS OF TITLE|||2|WAREHOUSE RECEIPTS: SPECIAL PROVISIONS|||||||§ 8.7-202|Form of warehouse receipt; essential terms; optional terms.|<p>(1) A warehouse receipt need not be in any particular form.</p><p>(2) Unless a warehouse receipt provides for each of the following, the warehouseman is liable for damages caused by the omission to a person injured thereby:</p><p>(a) the location of the warehouse where the goods are stored;</p><p>(b) the date of issue of the receipt;</p><p>(c) the consecutive number of the receipt;</p><p>(d) a statement whether the goods received will be delivered to the bearer, to a specified person, or to a specified person or his order;</p><p>(e) the rate of storage and handling charges, except that where goods are stored under a field warehousing arrangement a statement of that fact is sufficient on a nonnegotiable receipt;</p><p>(f) a description of the goods or of the packages containing them;</p><p>(g) the signature of the warehouseman, which may be made by his authorized agent;</p><p>(h) if the receipt is issued for goods of which the warehouseman is owner, either solely or jointly or in common with others, the fact of such ownership; and</p><p>(i) a statement of the amount of advances made and of liabilities incurred for which the warehouseman claims a lien or security interest (§ <a href='http://law.lis.virginia.gov/vacode/8.7-209/'>8.7-209</a>). If the precise amount of such advances made or of such liabilities incurred is, at the time of the issue of the receipt, unknown to the warehouseman or to his agent who issued the receipt, a statement of the fact that advances have been made or liabilities incurred and the purpose thereof is sufficient.</p><p>(3) A warehouseman may insert in his receipt any other terms that are not contrary to the provisions of this act and do not impair his obligation of delivery (§ <a href='http://law.lis.virginia.gov/vacode/8.7-403/'>8.7-403</a>) or his duty of care (§ <a href='http://law.lis.virginia.gov/vacode/8.7-204/'>8.7-204</a>). Any contrary provisions shall be ineffective.</p><p>Code 1950, § 61-5; 1964, c. 219; 2004, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?041+ful+CHAP0200'>200</a>.</p>
+8.7|COMMERCIAL CODE — WAREHOUSE RECEIPTS, BILLS OF LADING AND OTHER DOCUMENTS OF TITLE|||2|WAREHOUSE RECEIPTS: SPECIAL PROVISIONS|||||||§ 8.7-203|Liability for nonreceipt or misdescription.|<p>A party to or purchaser for value in good faith of a document other than a bill of lading relying in either case upon the description therein of the goods may recover from the issuer damages caused by the nonreceipt or misdescription of the goods, except to the extent that the document conspicuously indicates that the issuer does not know whether any part or all of the goods in fact were received or conform to the description, as where the description is in terms of marks or labels or kind, quantity or condition, or the receipt or description is qualified by "contents, condition and quality unknown," "said to contain" or the like, if such indication be true, or the party or purchaser otherwise has notice.</p><p>Code 1950, § 61-23; 1964, c. 219; 2004, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?041+ful+CHAP0200'>200</a>.</p>
+8.7|COMMERCIAL CODE — WAREHOUSE RECEIPTS, BILLS OF LADING AND OTHER DOCUMENTS OF TITLE|||2|WAREHOUSE RECEIPTS: SPECIAL PROVISIONS|||||||§ 8.7-204|Duty of care; contractual limitation of warehouseman's liability.|<p>(1) A warehouseman is liable for damages for loss of or injury to the goods caused by his failure to exercise such care in regard to them as a reasonably careful man would exercise under like circumstances but unless otherwise agreed he is not liable for damages that could not have been avoided by the exercise of such care.</p><p>(2) Damages may be limited by a term in the warehouse receipt or storage agreement limiting the amount of liability in case of loss or damage, beyond which the warehouseman shall not be liable. On request of the bailor in a record at the time of signing such storage agreement or within a reasonable time after receipt of the warehouse receipt, the warehouseman's liability may be increased on part or all of the goods thereunder. In this event, increased rates may be charged based on such increased valuation. No such limitation is effective with respect to the warehouseman's liability for conversion to his own use.</p><p>(3) Reasonable provisions as to the time and manner of presenting claims and instituting actions based on the bailment may be included in the warehouse receipt or storage agreement.</p><p>Code 1950, §§ 61-6, 61-24; 1964, c. 219; 2004, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?041+ful+CHAP0200'>200</a>.</p>
+8.7|COMMERCIAL CODE — WAREHOUSE RECEIPTS, BILLS OF LADING AND OTHER DOCUMENTS OF TITLE|||2|WAREHOUSE RECEIPTS: SPECIAL PROVISIONS|||||||§ 8.7-205|Title under warehouse receipt defeated in certain cases.|<p>A buyer in the ordinary course of business of fungible goods sold and delivered by a warehouseman who is also in the business of buying and selling such goods takes the goods free of any claim under a warehouse receipt even though the receipt is negotiable and has been duly negotiated.</p><p>1964, c. 219; 2004, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?041+ful+CHAP0200'>200</a>.</p>
+8.7|COMMERCIAL CODE — WAREHOUSE RECEIPTS, BILLS OF LADING AND OTHER DOCUMENTS OF TITLE|||2|WAREHOUSE RECEIPTS: SPECIAL PROVISIONS|||||||§ 8.7-206|Termination of storage at warehouseman's option.|<p>(1) A warehouseman may on notifying the person on whose account the goods are held and any other person known to claim an interest in the goods require payment of any charges and removal of the goods from the warehouse at the termination of the period of storage fixed by the document, or, if no period is fixed, within a stated period not less than 30 days after the notification. If the goods are not removed before the date specified in the notification, the warehouseman may sell them in accordance with the provisions of the section on enforcement of a warehouseman's lien (§ <a href='http://law.lis.virginia.gov/vacode/8.7-210/'>8.7-210</a>).</p><p>(2) If a warehouseman in good faith believes that the goods are about to deteriorate or decline in value to less than the amount of his lien within the time prescribed in subsection (1), the warehouseman may specify in the notification any reasonable shorter time for removal of the goods and in case the goods are not removed, may sell them at public sale held not less than one week after a single advertisement or posting.</p><p>(3) If as a result of a quality or condition of the goods of which the warehouseman had no notice at the time of deposit the goods are a hazard to other property or to the warehouse or to persons, the warehouseman may sell the goods at public or private sale without advertisement or posting on reasonable notification to all persons known to claim an interest in the goods. If the warehouseman after a reasonable effort is unable to sell the goods he may dispose of them in any lawful manner and shall incur no liability by reason of such disposition.</p><p>(4) The warehouseman must deliver the goods to any person entitled to them under this title upon due demand made at any time prior to sale or other disposition under this section.</p><p>(5) The warehouseman may satisfy his lien from the proceeds of any sale or disposition under this section but must hold the balance for delivery on the demand of any person to whom he would have been bound to deliver the goods.</p><p>Code 1950, § 61-37; 1964, c. 219; 2004, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?041+ful+CHAP0200'>200</a>.</p>
+8.7|COMMERCIAL CODE — WAREHOUSE RECEIPTS, BILLS OF LADING AND OTHER DOCUMENTS OF TITLE|||2|WAREHOUSE RECEIPTS: SPECIAL PROVISIONS|||||||§ 8.7-207|Goods must be kept separate; fungible goods.|<p>(1) Unless the warehouse receipt otherwise provides, a warehouseman must keep separate the goods covered by each receipt so as to permit at all times identification and delivery of those goods except that different lots of fungible goods may be commingled.</p><p>(2) Fungible goods so commingled are owned in common by the persons entitled thereto and the warehouseman is severally liable to each owner for that owner's share. Where because of overissue a mass of fungible goods is insufficient to meet all the receipts which the warehouseman has issued against it, the persons entitled include all holders to whom overissued receipts have been duly negotiated.</p><p>Code 1950, §§ 61-25, 61-26; 1964, c. 219.</p>
+8.7|COMMERCIAL CODE — WAREHOUSE RECEIPTS, BILLS OF LADING AND OTHER DOCUMENTS OF TITLE|||2|WAREHOUSE RECEIPTS: SPECIAL PROVISIONS|||||||§ 8.7-208|Altered warehouse receipts.|<p>Where a blank in a negotiable warehouse receipt has been filled in without authority, a good faith purchaser for value and without notice of the lack of authority may treat the insertion as authorized. Any other unauthorized alteration leaves any tangible or electronic receipt enforceable against the issuer according to its original tenor.</p><p>Code 1950, § 61-16; 1964, c. 219; 2004, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?041+ful+CHAP0200'>200</a>.</p>
+8.7|COMMERCIAL CODE — WAREHOUSE RECEIPTS, BILLS OF LADING AND OTHER DOCUMENTS OF TITLE|||2|WAREHOUSE RECEIPTS: SPECIAL PROVISIONS|||||||§ 8.7-209|Lien of warehouseman.|<p>(1) A warehouseman has a lien against the bailor on the goods covered by a warehouse receipt or storage agreement or on the proceeds thereof in his possession for charges for storage or transportation (including demurrage and terminal charges), insurance, labor, or other charges, present or future, in relation to the goods, and for expenses necessary for preservation of the goods or reasonably incurred in their sale pursuant to law. If the person on whose account the goods are held is liable for like charges or expenses in relation to other goods whenever deposited and it is stated in the warehouse receipt or storage agreement that a lien is claimed for charges and expenses in relation to other goods, the warehouseman also has a lien against the goods covered by the warehouse receipt or storage agreement or on the proceeds thereof in his possession for such charges and expenses whether or not the other goods have been delivered by the warehouseman. But against a person to whom a negotiable warehouse receipt is duly negotiated a warehouseman's lien is limited to charges in an amount or at a rate specified on the receipt or if no charges are so specified then to a reasonable charge for storage of the goods covered by the receipt subsequent to the date of the receipt.</p><p>(2) The warehouseman may also reserve a security interest against the bailor for a maximum amount specified on the receipt for charges other than those specified in subsection (1), such as for money advanced and interest. Such a security interest is governed by the title on secured transactions (Title 8.9A).</p><p>(3) A warehouseman's lien for charges and expenses under subsection (1) or a security interest under subsection (2) is also effective against any person who so entrusted the bailor with possession of the goods that a pledge of them by the bailor to a good faith purchaser for value would have been valid but is not effective against a person who before issuance of a document had a legal interest or a perfected security interest in the goods and that did not:</p><p>(a) deliver or entrust the goods or any document of title covering the goods to the bailor or the bailor's nominee with:</p><p>(i) actual or apparent authority to ship, store, or sell;</p><p>(ii) power to obtain delivery under § <a href='http://law.lis.virginia.gov/vacode/8.7-403/'>8.7-403</a>; or</p><p>(iii) power of disposition under §§ <a href='http://law.lis.virginia.gov/vacode/8.2-403/'>8.2-403</a>, <a href='http://law.lis.virginia.gov/vacode/8.2A-304/'>8.2A-304</a>(2), <a href='http://law.lis.virginia.gov/vacode/8.2A-305/'>8.2A-305</a>(2), <a href='http://law.lis.virginia.gov/vacode/8.9A-320/'>8.9A-320</a>, or § <a href='http://law.lis.virginia.gov/vacode/8.9A-321/'>8.9A-321</a>(c) or other statute or rule of law; or</p><p>(b) acquiesce in the procurement by the bailor or its nominee of any document.</p><p>(4) A warehouseman's lien under subsection (1) on household goods for charges and expenses in relation to the goods is also effective against all persons if the depositor was the legal possessor of the goods at the time of deposit. The term "household goods" means furniture, furnishings, or personal effects used by the depositor in a dwelling. Such lien shall be effective against a prior security interest that has been otherwise perfected as required by law only to the extent of $150.</p><p>(5) A warehouseman loses his lien on any goods that he voluntarily delivers or unjustifiably refuses to deliver.</p><p>Code 1950, §§ 61-30 to 61-35; 1964, c. 219; 1974, c. 435; 2004, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?041+ful+CHAP0200'>200</a>.</p>
+8.7|COMMERCIAL CODE — WAREHOUSE RECEIPTS, BILLS OF LADING AND OTHER DOCUMENTS OF TITLE|||2|WAREHOUSE RECEIPTS: SPECIAL PROVISIONS|||||||§ 8.7-210|Enforcement of warehouseman's lien.|<p>(1) Except as provided in subsection (2), a warehouseman's lien may be enforced by public or private sale of the goods in bloc or in parcels, at any time or place and on any terms which are commercially reasonable, after notifying all persons known to claim an interest in the goods. Such notification must include a statement of the amount due, the nature of the proposed sale and the time and place of any public sale. The fact that a better price could have been obtained by a sale at a different time or in a different method from that selected by the warehouseman is not of itself sufficient to establish that the sale was not made in a commercially reasonable manner. If the warehouseman either sells the goods in the usual manner in any recognized market therefor, or sells at the price current in such market at the time of his sale, or has otherwise sold in conformity with commercially reasonable practices among dealers in the type of goods sold, he has sold in a commercially reasonable manner. A sale of more goods than apparently necessary to be offered to insure satisfaction of the obligation is not commercially reasonable except in cases covered by the preceding sentence.</p><p>(2) A warehouseman's lien on goods other than goods stored by a merchant in the course of his business may be enforced only as follows:</p><p>(a) All persons known to claim an interest in the goods must be notified.</p><p>(b) The notification must include an itemized statement of the claim, a description of the goods subject to the lien, a demand for payment within a specified time not less than 10 days after receipt of the notification, and a conspicuous statement that unless the claim is paid within that time the goods will be advertised for sale and sold by auction at a specified time and place.</p><p>(c) The sale must conform to the terms of the notification.</p><p>(d) The sale must be held at the nearest suitable place to that where the goods are held or stored.</p><p>(e) After the expiration of the time given in the notification, an advertisement of the sale must be published once a week for two weeks consecutively in a newspaper of general circulation where the sale is to be held. The advertisement must include a description of the goods, the name of the person on whose account they are being held, and the time and place of the sale. The sale must take place at least 15 days after the first publication. If there is no newspaper of general circulation where the sale is to be held, the advertisement must be posted at least 10 days before the sale in not less than six conspicuous places in the neighborhood of the proposed sale.</p><p>(3) Before any sale pursuant to this section, any person claiming a right in the goods may pay the amount necessary to satisfy the lien and the reasonable expenses incurred under this section. In that event, the goods must not be sold, but must be retained by the warehouseman subject to the terms of the receipt and this title.</p><p>(4) The warehouseman may buy at any public sale pursuant to this section.</p><p>(5) A purchaser in good faith of goods sold to enforce a warehouseman's lien takes the goods free of any rights of persons against whom the lien was valid, despite the warehouseman's noncompliance with the requirements of this section.</p><p>(6) The warehouseman may satisfy his lien from the proceeds of any sale pursuant to this section but must hold the balance, if any, for delivery on demand to any person to whom he would have been bound to deliver the goods.</p><p>(7) The rights provided by this section shall be in addition to all other rights allowed by law to a creditor against his debtor.</p><p>(8) Where a lien is on goods stored by a merchant in the course of his business, the lien may be enforced in accordance with either subsection (1) or (2).</p><p>(9) The warehouseman is liable for damages caused by failure to comply with the requirements for sale under this section and, in case of willful violation, is liable for conversion.</p><p>Code 1950, § 61-36; 1964, c. 219; 2004, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?041+ful+CHAP0200'>200</a>.</p>
+8.7|COMMERCIAL CODE — WAREHOUSE RECEIPTS, BILLS OF LADING AND OTHER DOCUMENTS OF TITLE|||3|BILLS OF LADING: SPECIAL PROVISIONS|||||||§ 8.7-301|Liability for nonreceipt or misdescription; "said to contain"; "shipper's load and count"; improper handling.|<p>(1) A consignee of a nonnegotiable bill of lading who has given value in good faith, or a holder to whom a negotiable bill has been duly negotiated, relying upon the description therein of the goods, or upon the date therein shown, may recover from the issuer damages caused by the misdating of the bill or the nonreceipt or misdescription of the goods, except to the extent that the bill indicates that the issuer does not know whether any part or all of the goods in fact were received or conform to the description, as where the description is in terms of marks or labels or kind, quantity, or condition or the receipt or description is qualified by "contents or condition of contents of packages unknown," "said to contain," "shipper's weight, load and count" or the like, if such indication be true.</p><p>(2) When goods are loaded by an issuer of a bill of lading, the issuer must count the packages of goods, if shipped in packages, and ascertain the kind and quantity if shipped in bulk. In such cases "shipper's weight, load and count" or other words indicating that the description was made by the shipper are ineffective except as to goods concealed by packages.</p><p>(3) When bulk goods are loaded by a shipper who makes available to the issuer of a bill of lading adequate facilities for weighing such goods, the issuer must ascertain the kind and quantity within a reasonable time after receiving, in a record, the shipper's request to do so. In such cases "shipper's weight" or other words of like purport are ineffective.</p><p>(4) The issuer of a bill of lading, by inserting in the bill the words "shipper's weight, load and count" or other words of like purport, may indicate that the goods were loaded by the shipper; and if such statement is true, the issuer shall not be liable for damages caused by the improper loading. However, their omission does not imply liability for such damages.</p><p>(5) The shipper shall be deemed to have guaranteed to the issuer the accuracy at the time of shipment of the description, marks, labels, number, kind, quantity, condition and weight, as furnished by him; and the shipper shall indemnify the issuer against damage caused by inaccuracies in such particulars. The right of the issuer to such indemnity shall in no way limit his responsibility and liability under the contract of carriage to any person other than the shipper.</p><p>1964, c. 219; 2004, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?041+ful+CHAP0200'>200</a>.</p>
+8.7|COMMERCIAL CODE — WAREHOUSE RECEIPTS, BILLS OF LADING AND OTHER DOCUMENTS OF TITLE|||3|BILLS OF LADING: SPECIAL PROVISIONS|||||||§ 8.7-302|Through bills of lading and similar documents.|<p>(1) The issuer of a through bill of lading or other document embodying an undertaking to be performed in part by persons acting as its agents or by a performing carrier is liable to anyone entitled to recover on the document for any breach by such other persons or by a performing carrier of its obligation under the document. However, to the extent that the document covers an undertaking to be performed overseas or in territory not contiguous to the continental United States or an undertaking including matters other than transportation, this liability may be varied by agreement of the parties.</p><p>(2) Where goods covered by a through bill of lading or other document embodying an undertaking to be performed in part by persons other than the issuer are received by any such person, he is subject, with respect to his own performance while the goods are in his possession, to the obligation of the issuer. His obligation is discharged by delivery of the goods to another such person pursuant to the document, and does not include liability for breach by any other such persons or by the issuer.</p><p>(3) The issuer of such through bill of lading or other document shall be entitled to recover from the performing carrier, or such other person in possession of the goods when the breach of the obligation under the document occurred, (a) the amount it may be required to pay to anyone entitled to recover on the document therefor, as may be evidenced by any receipt, judgment, or transcript thereof, and (b) the amount of any expense reasonably incurred by it in defending any action brought by anyone entitled to recover on the document therefor.</p><p>Code 1950, §§ 56-120, 56-121; 1964, c. 219; 2004, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?041+ful+CHAP0200'>200</a>.</p>
+8.7|COMMERCIAL CODE — WAREHOUSE RECEIPTS, BILLS OF LADING AND OTHER DOCUMENTS OF TITLE|||3|BILLS OF LADING: SPECIAL PROVISIONS|||||||§ 8.7-303|Diversion; reconsignment; change of instructions.|<p>(1) Unless the bill of lading otherwise provides, the carrier may deliver the goods to a person or destination other than that stated in the bill or may otherwise dispose of the goods, without liability for misdelivery, on instructions from:</p><p>(a) the holder of a negotiable bill; or</p><p>(b) the consignor on a nonnegotiable bill notwithstanding contrary instructions from the consignee; or</p><p>(c) the consignee on a nonnegotiable bill in the absence of contrary instructions from the consignor, if the goods have arrived at the billed destination or if the consignee is in possession of the tangible bill or in control of the electronic bill; or</p><p>(d) the consignee on a nonnegotiable bill if he is entitled as against the consignor to dispose of them.</p><p>(2) Unless such instructions are noted on a negotiable bill of lading, a person to whom the bill is duly negotiated can hold the bailee according to the original terms.</p><p>1964, c. 219; 2004, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?041+ful+CHAP0200'>200</a>.</p>
+8.7|COMMERCIAL CODE — WAREHOUSE RECEIPTS, BILLS OF LADING AND OTHER DOCUMENTS OF TITLE|||3|BILLS OF LADING: SPECIAL PROVISIONS|||||||§ 8.7-304|Bills of lading in a set.|<p>(1) Except where customary in overseas transportation, a bill of lading must not be issued in a set of parts. The issuer is liable for damages caused by violation of this subsection.</p><p>(2) Where a bill of lading is lawfully drawn in a set of parts, each of which is numbered and expressed to be valid only if the goods have not been delivered against any other part, the whole of the parts constitute one bill.</p><p>(3) Where a bill of lading is lawfully issued in a set of parts and different parts are negotiated to different persons, the title of the holder to whom the first due negotiation is made prevails as to both the document and the goods even though any later holder may have received the goods from the carrier in good faith and discharged the carrier's obligation by surrender of his part.</p><p>(4) Any person who negotiates or transfers a single part of a bill of lading drawn in a set is liable to holders of that part as if it were the whole set.</p><p>(5) The bailee is obliged to deliver in accordance with part 4 of this title against the first presented part of a bill of lading lawfully drawn in a set. Such delivery discharges the bailee's obligation on the whole bill.</p><p>1964, c. 219.</p>
+8.7|COMMERCIAL CODE — WAREHOUSE RECEIPTS, BILLS OF LADING AND OTHER DOCUMENTS OF TITLE|||3|BILLS OF LADING: SPECIAL PROVISIONS|||||||§ 8.7-305|Destination bills.|<p>(1) Instead of issuing a bill of lading to the consignor at the place of shipment a carrier, at the request of the consignor, may procure the bill to be issued at destination or at any other place designated in the request.</p><p>(2) Upon request of anyone entitled as against the carrier to control the goods while in transit and on surrender of any outstanding bill of lading or other receipt covering such goods, the issuer, subject to § <a href='http://law.lis.virginia.gov/vacode/8.7-105.1/'>8.7-105.1</a>, may procure a substitute bill to be issued at any place designated in the request.</p><p>1964, c. 219; 2004, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?041+ful+CHAP0200'>200</a>.</p>
+8.7|COMMERCIAL CODE — WAREHOUSE RECEIPTS, BILLS OF LADING AND OTHER DOCUMENTS OF TITLE|||3|BILLS OF LADING: SPECIAL PROVISIONS|||||||§ 8.7-306|Altered bills of lading.|<p>An unauthorized alteration or filling in of a blank in a bill of lading leaves the bill enforceable according to its original tenor.</p><p>1964, c. 219.</p>
+8.7|COMMERCIAL CODE — WAREHOUSE RECEIPTS, BILLS OF LADING AND OTHER DOCUMENTS OF TITLE|||3|BILLS OF LADING: SPECIAL PROVISIONS|||||||§ 8.7-307|Lien of carrier.|<p>(1) A carrier has a lien on the goods covered by a bill of lading or on the proceeds thereof in his possession for charges subsequent to the date of its receipt of the goods for storage or transportation (including demurrage and terminal charges) and for expenses necessary for preservation of the goods incident to their transportation or reasonably incurred in their sale pursuant to law. However, against a purchaser for value of a negotiable bill of lading, a carrier's lien is limited to charges stated in the bill, or, if no charges are stated, a reasonable charge.</p><p>(2) A lien for charges and expenses under subsection (1) on goods that the carrier was required by law to receive for transportation is effective against the consignor or any person entitled to the goods unless the carrier had notice that the consignor lacked authority to subject the goods to such charges and expenses. Any other lien under subsection (1) is effective against the consignor and any person who permitted the bailor to have control or possession of the goods unless the carrier had notice that the bailor lacked such authority.</p><p>(3) A carrier loses his lien on any goods that he voluntarily delivers or unjustifiably refuses to deliver.</p><p>Code 1950, §§ 61-30 to 61-35; 1964, c. 219; 2004, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?041+ful+CHAP0200'>200</a>.</p>
+8.7|COMMERCIAL CODE — WAREHOUSE RECEIPTS, BILLS OF LADING AND OTHER DOCUMENTS OF TITLE|||3|BILLS OF LADING: SPECIAL PROVISIONS|||||||§ 8.7-308|Enforcement of carrier's lien.|<p>(1) A carrier's lien may be enforced by public or private sale of the goods, in bloc or in parcels, at any time or place and on any terms which are commercially reasonable, after notifying all persons known to claim an interest in the goods. Such notification must include a statement of the amount due, the nature of the proposed sale and the time and place of any public sale. The fact that a better price could have been obtained by a sale at a different time or in a different method from that selected by the carrier is not of itself sufficient to establish that the sale was not made in a commercially reasonable manner. If the carrier either sells the goods in the usual manner in any recognized market therefor or if he sells at the price current in such market at the time of his sale or if he has otherwise sold in conformity with commercially reasonable practices among dealers in the type of goods sold he has sold in a commercially reasonable manner. A sale of more goods than apparently necessary to be offered to ensure satisfaction of the obligation is not commercially reasonable except in cases covered by the preceding sentence.</p><p>(2) Before any sale pursuant to this section any person claiming a right in the goods may pay the amount necessary to satisfy the lien and the reasonable expenses incurred under this section. In that event the goods must not be sold, but must be retained by the carrier subject to the terms of the bill and this title.</p><p>(3) The carrier may buy at any public sale pursuant to this section.</p><p>(4) A purchaser in good faith of goods sold to enforce a carrier's lien takes the goods free of any rights of persons against whom the lien was valid, despite noncompliance by the carrier with the requirements of this section.</p><p>(5) The carrier may satisfy his lien from the proceeds of any sale pursuant to this section but must hold the balance, if any, for delivery on demand to any person to whom he would have been bound to deliver the goods.</p><p>(6) The rights provided by this section shall be in addition to all other rights allowed by law to a creditor against his debtor.</p><p>(7) A carrier's lien may be enforced in accordance with either subsection (1) or the procedure set forth in subsection (2) of § <a href='http://law.lis.virginia.gov/vacode/8.7-210/'>8.7-210</a>.</p><p>(8) The carrier is liable for damages caused by failure to comply with the requirements for sale under this section and in case of willful violation is liable for conversion.</p><p>Code 1950, §§ 56-126, 56-127, 61-36; 1964, c. 219.</p>
+8.7|COMMERCIAL CODE — WAREHOUSE RECEIPTS, BILLS OF LADING AND OTHER DOCUMENTS OF TITLE|||3|BILLS OF LADING: SPECIAL PROVISIONS|||||||§ 8.7-309|Duty of care; contractual limitation of carrier's liability.|<p>(1) A carrier who issues a bill of lading, whether negotiable or nonnegotiable, must exercise the degree of care in relation to the goods that a reasonably careful man would exercise under like circumstances. This subsection does not repeal or change any law or rule of law that imposes liability upon a common carrier for damages not caused by its negligence.</p><p>(2) Damages may be limited by a provision that the carrier's liability shall not exceed a value stated in the document if the carrier's rates are dependent upon value and the consignor is afforded an opportunity to declare a higher value and he is otherwise advised of such opportunity. However, no such limitation is effective with respect to the carrier's liability for conversion to his own use.</p><p>(3) Reasonable provisions as to the time and manner of presenting claims and instituting actions based on the shipment may be included in a bill of lading or a transportation agreement.</p><p>1964, c. 219; 2004, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?041+ful+CHAP0200'>200</a>.</p>
+8.7|COMMERCIAL CODE — WAREHOUSE RECEIPTS, BILLS OF LADING AND OTHER DOCUMENTS OF TITLE|||4|WAREHOUSE RECEIPTS AND BILLS OF LADING: GENERAL OBLIGATIONS|||||||§ 8.7-401|Irregularities in issue of receipt or bill or conduct of issuer.|<p>The obligations imposed by this title on an issuer apply to a document even if:</p><p>(a) the document may not comply with the requirements of this title or of any other law or regulation regarding its issue, form or content; or</p><p>(b) the issuer may have violated laws regulating the conduct of his business; or</p><p>(c) the goods covered by the document were owned by the bailee at the time the document was issued; or</p><p>(d) the person issuing the document does not come within the definition of warehouseman if it purports to be a warehouse receipt.</p><p>Code 1950, § 61-23; 1964, c. 219; 2004, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?041+ful+CHAP0200'>200</a>.</p>
+8.7|COMMERCIAL CODE — WAREHOUSE RECEIPTS, BILLS OF LADING AND OTHER DOCUMENTS OF TITLE|||4|WAREHOUSE RECEIPTS AND BILLS OF LADING: GENERAL OBLIGATIONS|||||||§ 8.7-402|Duplicate receipt or bill; overissue.|<p>Neither a duplicate nor any other document purporting to cover goods already represented by an outstanding document of the same issuer confers any right in the goods, except as provided in the case of tangible bills in a set of parts, overissue of documents for fungible goods, substitutes for lost, stolen or destroyed documents, or substitute documents issued pursuant to § <a href='http://law.lis.virginia.gov/vacode/8.7-105.1/'>8.7-105.1</a>. The issuer is liable for damages caused by his overissue or failure to identify a duplicate document as such by conspicuous notation.</p><p>Code 1950, § 61-9; 1964, c. 219; 2004, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?041+ful+CHAP0200'>200</a>.</p>
+8.7|COMMERCIAL CODE — WAREHOUSE RECEIPTS, BILLS OF LADING AND OTHER DOCUMENTS OF TITLE|||4|WAREHOUSE RECEIPTS AND BILLS OF LADING: GENERAL OBLIGATIONS|||||||§ 8.7-403|Obligation of bailee to deliver; excuse.|<p>(1) The bailee must deliver the goods to a person entitled under the document who complies with subsections (2) and (3), unless and to the extent that the bailee establishes any of the following:</p><p>(a) delivery of the goods to a person whose receipt was rightful as against the claimant;</p><p>(b) damage to or delay, loss or destruction of the goods for which the bailee is not liable;</p><p>(c) previous sale or other disposition of the goods in lawful enforcement of a lien or on warehouseman's lawful termination of storage;</p><p>(d) the exercise by a seller of his right to stop delivery pursuant to § <a href='http://law.lis.virginia.gov/vacode/8.2-705/'>8.2-705</a> or by a lessor of his right to stop delivery pursuant to § <a href='http://law.lis.virginia.gov/vacode/8.2A-526/'>8.2A-526</a>;</p><p>(e) a diversion, reconsignment or other disposition pursuant to § <a href='http://law.lis.virginia.gov/vacode/8.7-303/'>8.7-303</a>;</p><p>(f) release, satisfaction or any other fact affording a personal defense against the claimant; or</p><p>(g) any other lawful excuse.</p><p>(2) A person claiming goods covered by a document must satisfy the bailee's lien where the bailee so requests or where the bailee is prohibited by law from delivering the goods until the charges are paid.</p><p>(3) Unless the person claiming the goods is one against whom the document confers no right under § <a href='http://law.lis.virginia.gov/vacode/8.7-503/'>8.7-503</a> (1), he must surrender possession or control, for cancellation or notation of partial deliveries, any outstanding negotiable document covering the goods, and the bailee must cancel the document or conspicuously note the partial delivery thereon or be liable to any person to whom the document is duly negotiated.</p><p>(4) "Person entitled under the document" means holder, in the case of a negotiable document, or the person to whom delivery of the goods is to be made by the terms of, or pursuant to instructions in a record under, a nonnegotiable document.</p><p>Code 1950, §§ 61-11 to 61-15, 61-19, 61-22; 1964, c. 219; 2004, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?041+ful+CHAP0200'>200</a>.</p>
+8.7|COMMERCIAL CODE — WAREHOUSE RECEIPTS, BILLS OF LADING AND OTHER DOCUMENTS OF TITLE|||4|WAREHOUSE RECEIPTS AND BILLS OF LADING: GENERAL OBLIGATIONS|||||||§ 8.7-404|No liability for good faith delivery pursuant to receipt or bill.|<p>A bailee who in good faith has received goods and delivered or otherwise disposed of them according to the terms of the document or pursuant to this title is not liable therefor. This rule applies even though (a) the person from whom he received the goods had no authority to procure the document or to dispose of the goods or (b) the person to whom he delivered the goods had no authority to receive them.</p><p>Code 1950, § 61-13; 1964, c. 219; 2004, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?041+ful+CHAP0200'>200</a>.</p>
+8.7|COMMERCIAL CODE — WAREHOUSE RECEIPTS, BILLS OF LADING AND OTHER DOCUMENTS OF TITLE|||5|WAREHOUSE RECEIPTS AND BILLS OF LADING: NEGOTIATION AND TRANSFER|||||||§ 8.7-501|Form of negotiation and requirements of "due negotiation".|<p>(1) The following rules apply to a negotiable tangible document:</p><p>(a) If the document's original terms run to the order of a named person, the document is negotiated by his endorsement and delivery. After his endorsement in blank or to bearer any person can negotiate the document by delivery alone.</p><p>(b) If the document's original terms run to bearer, it is negotiated by delivery alone.</p><p>(c) If a document's original terms run to the order of a named person and it is delivered to him, the effect is the same as if the document had been negotiated.</p><p>(d) Negotiation of the document after it has been endorsed to a named person requires endorsement by the named person as well as delivery.</p><p>(e) A document is "duly negotiated" when it is negotiated in the manner stated in this subsection to a holder who purchases it in good faith, without notice of any defense against or claim to it on the part of any person, and for value, unless it is established that the negotiation is not in the regular course of business or financing or involves receiving the document in settlement or payment of a money obligation.</p><p>(2) The following rules apply to a negotiable electronic document:</p><p>(a) If the document's original terms run to the order of a named person or to bearer, the document is negotiated by delivery of the document to another person. Endorsement by the named person is not required to negotiate the document.</p><p>(b) If the document's original terms run to the order of a named person and the named person has control of the document, the effect is the same as if the document had been negotiated.</p><p>(c) A document is duly negotiated if it is negotiated in the manner stated in this subsection to a holder that purchases it in good faith, without notice of any defense against or claim to it on the part of any person, and for value, unless it is established that the negotiation is not in the regular course of business or financing or involves taking delivery of the document in settlement or payment of a monetary obligation.</p><p>(3) Endorsement of a nonnegotiable document neither makes it negotiable nor adds to the transferee's rights.</p><p>(4) The naming in a negotiable bill of a person to be notified of the arrival of the goods does not limit the negotiability of the bill nor constitute notice to a purchaser thereof of any interest of such person in the goods.</p><p>Code 1950, §§ 61-40 to 61-43, 61-50; 1964, c. 219; 2004, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?041+ful+CHAP0200'>200</a>.</p>
+8.7|COMMERCIAL CODE — WAREHOUSE RECEIPTS, BILLS OF LADING AND OTHER DOCUMENTS OF TITLE|||5|WAREHOUSE RECEIPTS AND BILLS OF LADING: NEGOTIATION AND TRANSFER|||||||§ 8.7-502|Rights acquired by due negotiation.|<p>(1) Subject to §§ <a href='http://law.lis.virginia.gov/vacode/8.7-205/'>8.7-205</a> and <a href='http://law.lis.virginia.gov/vacode/8.7-503/'>8.7-503</a>, a holder to whom a negotiable document has been duly negotiated acquires thereby:</p><p>(a) title to the document;</p><p>(b) title to the goods;</p><p>(c) all rights accruing under the law of agency or estoppel, including rights to goods delivered to the bailee after the document was issued; and</p><p>(d) the direct obligation of the issuer to hold or deliver the goods according to the terms of the document free of any defense or claim by him except those arising under the terms of the document or under this title. In the case of a delivery order the bailee's obligation accrues only upon acceptance and the obligation acquired by the holder is that the issuer and any endorser will procure the acceptance of the bailee.</p><p>(2) Subject to § <a href='http://law.lis.virginia.gov/vacode/8.7-503/'>8.7-503</a>, title and rights so acquired are not defeated by any stoppage of the goods represented by the document or by surrender of such goods by the bailee, and are not impaired even though (a) the negotiation or any prior negotiation constituted a breach of duty, (b) any person has been deprived of possession of a negotiable tangible document or control of a negotiable electronic document by misrepresentation, fraud, accident, mistake, duress, loss, theft or conversion, or (c) a previous sale or other transfer of the goods or document has been made to a third person.</p><p>Code 1950, §§ 61-44, 61-50 to 61-52; 1964, c. 219; 2004, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?041+ful+CHAP0200'>200</a>.</p>
+8.7|COMMERCIAL CODE — WAREHOUSE RECEIPTS, BILLS OF LADING AND OTHER DOCUMENTS OF TITLE|||5|WAREHOUSE RECEIPTS AND BILLS OF LADING: NEGOTIATION AND TRANSFER|||||||§ 8.7-503|Document to goods defeated in certain cases.|<p>(1) A document confers no right in goods against a person who before issuance of the document had a legal interest or a perfected security interest in them and who neither:</p><p>(a) delivered or entrusted them or any document covering them to the bailor or his nominee with (i) actual or apparent authority to ship, store or sell, (ii) power to obtain delivery under § <a href='http://law.lis.virginia.gov/vacode/8.7-403/'>8.7-403</a>, or (iii) power of disposition under §§ <a href='http://law.lis.virginia.gov/vacode/8.2-403/'>8.2-403</a>, <a href='http://law.lis.virginia.gov/vacode/8.2A-304/'>8.2A-304</a>(2), <a href='http://law.lis.virginia.gov/vacode/8.2A-305/'>8.2A-305</a>(2), <a href='http://law.lis.virginia.gov/vacode/8.9A-320/'>8.9A-320</a>, or § <a href='http://law.lis.virginia.gov/vacode/8.9A-321/'>8.9A-321</a>(c) or other statute or rule of law; nor</p><p>(b) acquiesced in the procurement by the bailor or his nominee of any document.</p><p>(2) Title to goods based upon an unaccepted delivery order is subject to the rights of anyone to whom a negotiable warehouse receipt or bill of lading covering the goods has been duly negotiated. Such a title may be defeated under § <a href='http://law.lis.virginia.gov/vacode/8.7-504/'>8.7-504</a> to the same extent as the rights of the issuer or a transferee from the issuer.</p><p>(3) Title to goods based upon a bill of lading issued to a freight forwarder is subject to the rights of anyone to whom a bill issued by the freight forwarder is duly negotiated. However, delivery by the carrier in accordance with Part 4 of this title pursuant to its own bill of lading discharges the carrier's obligation to deliver.</p><p>Code 1950, § 61-44; 1964, c. 219; 2000, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?001+ful+CHAP1007'>1007</a>; 2004, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?041+ful+CHAP0200'>200</a>.</p>
+8.7|COMMERCIAL CODE — WAREHOUSE RECEIPTS, BILLS OF LADING AND OTHER DOCUMENTS OF TITLE|||5|WAREHOUSE RECEIPTS AND BILLS OF LADING: NEGOTIATION AND TRANSFER|||||||§ 8.7-504|Rights acquired in the absence of due negotiation; effect of diversion; seller's stoppage of delivery.|<p>(1) A transferee of a document, whether negotiable or nonnegotiable, to whom the document has been delivered but not duly negotiated, acquires the title and rights that his transferor had or had actual authority to convey.</p><p>(2) In the case of a nonnegotiable document, until but not after the bailee receives notification of the transfer, the rights of the transferee may be defeated:</p><p>(a) by those creditors of the transferor who could treat the sale as void under § <a href='http://law.lis.virginia.gov/vacode/8.2-402/'>8.2-402</a> or § <a href='http://law.lis.virginia.gov/vacode/8.2A-308/'>8.2A-308</a>; or</p><p>(b) by a buyer from the transferor in ordinary course of business if the bailee has delivered the goods to the buyer or received notification of his rights; or</p><p>(c) by a lessee from the transferor in ordinary course of business if the bailee has delivered the goods to the lessee or received notification of the lessee's rights; or</p><p>(d) as against the bailee by good faith dealings of the bailee with the transferor.</p><p>(3) A diversion or other change of shipping instructions by the consignor in a nonnegotiable bill of lading that causes the bailee not to deliver to the consignee defeats the consignee's title to the goods if they have been delivered to a buyer or lessee in ordinary course of business and, in any event, defeats the consignee's rights against the bailee.</p><p>(4) Delivery pursuant to a nonnegotiable document may be stopped by a seller under § <a href='http://law.lis.virginia.gov/vacode/8.2-705/'>8.2-705</a> or a lessor under § <a href='http://law.lis.virginia.gov/vacode/8.2A-526/'>8.2A-526</a>, subject to the requirement of due notification there provided. A bailee honoring the seller's or lessor's instructions is entitled to be indemnified by the seller or lessor against any resulting loss or expense.</p><p>Code 1950, §§ 61-44, 61-45; 1964, c. 219; 2004, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?041+ful+CHAP0200'>200</a>.</p>
+8.7|COMMERCIAL CODE — WAREHOUSE RECEIPTS, BILLS OF LADING AND OTHER DOCUMENTS OF TITLE|||5|WAREHOUSE RECEIPTS AND BILLS OF LADING: NEGOTIATION AND TRANSFER|||||||§ 8.7-505|Endorser not a guarantor for other parties.|<p>The endorsement of a tangible document issued by a bailee does not make the endorser liable for any default by the bailee or by previous endorsers.</p><p>Code 1950, § 61-48; 1964, c. 219; 2004, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?041+ful+CHAP0200'>200</a>.</p>
+8.7|COMMERCIAL CODE — WAREHOUSE RECEIPTS, BILLS OF LADING AND OTHER DOCUMENTS OF TITLE|||5|WAREHOUSE RECEIPTS AND BILLS OF LADING: NEGOTIATION AND TRANSFER|||||||§ 8.7-506|Delivery without endorsement; right to compel endorsement.|<p>The transferee of a negotiable document has a specifically enforceable right to have his transferor supply any necessary endorsement but the transfer becomes a negotiation only as of the time the endorsement is supplied.</p><p>Code 1950, § 61-46; 1964, c. 219; 2004, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?041+ful+CHAP0200'>200</a>.</p>
+8.7|COMMERCIAL CODE — WAREHOUSE RECEIPTS, BILLS OF LADING AND OTHER DOCUMENTS OF TITLE|||5|WAREHOUSE RECEIPTS AND BILLS OF LADING: NEGOTIATION AND TRANSFER|||||||§ 8.7-507|Warranties on negotiation or delivery of receipt or bill.|<p>Where a person negotiates or delivers a document for value otherwise than as a mere intermediary under § <a href='http://law.lis.virginia.gov/vacode/8.7-508/'>8.7-508</a>, then, unless otherwise agreed, he warrants to his immediate purchaser, in addition to any warranty made in selling or leasing the goods, that:</p><p>(a) the document is genuine; and</p><p>(b) he has no knowledge of any fact that would impair the document's validity or worth; and</p><p>(c) his negotiation or delivery is rightful and fully effective with respect to the title to the document and the goods it represents.</p><p>Code 1950, § 61-47; 1964, c. 219; 2004, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?041+ful+CHAP0200'>200</a>.</p>
+8.7|COMMERCIAL CODE — WAREHOUSE RECEIPTS, BILLS OF LADING AND OTHER DOCUMENTS OF TITLE|||5|WAREHOUSE RECEIPTS AND BILLS OF LADING: NEGOTIATION AND TRANSFER|||||||§ 8.7-508|Warranties of collecting bank as to documents.|<p>A collecting bank or other intermediary known to be entrusted with documents on behalf of another or with collection of a draft or other claim against delivery of documents warrants by such delivery of the documents only its own good faith and authority. This rule applies even though the intermediary has purchased or made advances against the claim or draft to be collected.</p><p>1964, c. 219.</p>
+8.7|COMMERCIAL CODE — WAREHOUSE RECEIPTS, BILLS OF LADING AND OTHER DOCUMENTS OF TITLE|||5|WAREHOUSE RECEIPTS AND BILLS OF LADING: NEGOTIATION AND TRANSFER|||||||§ 8.7-509|Receipt or bill; when adequate compliance with commercial contract.|<p>Whether a document is adequate to fulfill the obligations of a contract for sale, a contract for lease, or the conditions of a letter of credit is governed by the titles on sales (Title 8.2), leases (Title 8.2A), or letters of credit (Title 8.5A).</p><p>1964, c. 219; 2004, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?041+ful+CHAP0200'>200</a>.</p>
+8.7|COMMERCIAL CODE — WAREHOUSE RECEIPTS, BILLS OF LADING AND OTHER DOCUMENTS OF TITLE|||6|WAREHOUSE RECEIPTS AND BILLS OF LADING: MISCELLANEOUS PROVISIONS|||||||§ 8.7-601|Lost, stolen or destroyed documents.|<p>(1) If a document has been lost, stolen or destroyed, a court may order delivery of the goods or issuance of a substitute document and the bailee may without liability to any person comply with such order. If the document was negotiable, a court may not order delivery of the goods or issuance of a substitute document without the claimant's posting security unless it finds that any person who may suffer loss as a result of nonsurrender of possession or control of the document is adequately protected against the loss. If the document was not negotiable, the court may require security. The court may also in its discretion order payment of the bailee's reasonable costs and attorney's fees in any action under this subsection.</p><p>(2) A bailee who, without court order, delivers goods to a person claiming under a missing negotiable document is liable to any person injured thereby. If the delivery is not in good faith, the bailee becomes liable for conversion. Delivery in good faith is not conversion if the claimant posts security with the bailee in an amount at least double the value of the goods at the time of posting to indemnify any person injured by the delivery who files a notice of claim within one year after the delivery.</p><p>Code 1950, § 61-17; 1964, c. 219; 2004, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?041+ful+CHAP0200'>200</a>.</p>
+8.7|COMMERCIAL CODE — WAREHOUSE RECEIPTS, BILLS OF LADING AND OTHER DOCUMENTS OF TITLE|||6|WAREHOUSE RECEIPTS AND BILLS OF LADING: MISCELLANEOUS PROVISIONS|||||||§ 8.7-602|Attachment of goods covered by a negotiable document.|<p>Except where the document was originally issued upon delivery of the goods by a person who had no power to dispose of them, no lien attaches by virtue of any judicial process to goods in the possession of a bailee for which a negotiable document is outstanding unless possession or control of the document is first surrendered to the bailee or its negotiation is enjoined. The bailee shall not be compelled to deliver the goods pursuant to process until possession or control of the document is surrendered to him or the court. One who purchases the document for value without notice of the process or injunction takes free of the lien imposed by judicial process.</p><p>Code 1950, § 61-28; 1964, c. 219; 2004, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?041+ful+CHAP0200'>200</a>.</p>
+8.7|COMMERCIAL CODE — WAREHOUSE RECEIPTS, BILLS OF LADING AND OTHER DOCUMENTS OF TITLE|||6|WAREHOUSE RECEIPTS AND BILLS OF LADING: MISCELLANEOUS PROVISIONS|||||||§ 8.7-603|Conflicting claims; interpleader.|<p>If more than one person claims title or possession of the goods, the bailee is excused from delivery until he has had a reasonable time to ascertain the validity of the adverse claims or to bring an action for interpleader. The bailee may assert an interpleader either in defending an action for nondelivery of the goods or by original action.</p><p>Code 1950, §§ 61-19, 61-20; 1964, c. 219; 2004, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?041+ful+CHAP0200'>200</a>.</p>