Section 22-704 - Copy: Refusal of defective tender. - Maryland Statutes

§ 22-704. Copy: Refusal of defective tender.
 

(a)  Options of party to which tender is made in mass-market transaction.- Subject to subsection (b) of this section and § 22-705 of this subtitle, tender of a copy that is a material breach of contract permits the party to which tender is made to: 

(1) Refuse the tender; 

(2) Accept the tender; or 

(3) Accept any commercially reasonable units and refuse the rest. 

(b)  Single tender in mass-market transaction.- In a mass-market transaction that calls for only a single tender of a copy, a licensee may refuse the tender if the tender does not conform to the contract. 

(c)  Requirements for refusal to be effective.- Refusal of a tender is ineffective unless: 

(1) It is made before acceptance; 

(2) It is made within a reasonable time after tender or completion of any permitted effort to cure; and 

(3) The refusing party seasonably notifies the tendering party of the refusal. 

(d)  Cancellation of contract.- Except in a case governed by subsection (b) of this section, a party that rightfully refuses tender of a copy may cancel the contract only if the tender was a material breach of the whole contract or the agreement so provides. 
 

[2000, ch. 11; ch. 61, § 6.]