59.1-502.3 - Offer and acceptance in general. - Virginia Statutes

§ 59.1-502.3. Offer and acceptance in general.

Unless otherwise unambiguously indicated by the language or the circumstances:

(1) An offer to make a contract invites acceptance in any manner and by anymedium reasonable under the circumstances.

(2) An order or other offer to acquire a copy for prompt or current deliveryinvites acceptance by either a prompt promise to ship or a prompt or currentshipment of a conforming or nonconforming copy. However, a shipment of anonconforming copy is not an acceptance if the licensor seasonably notifiesthe licensee that the shipment is offered only as an accommodation to thelicensee.

(3) If the beginning of a requested performance is a reasonable mode ofacceptance, an offeror that is not notified of acceptance or performancewithin a reasonable time may treat the offer as having lapsed beforeacceptance.

(4) If an offer in an electronic message evokes an electronic messageaccepting the offer, a contract is formed:

(A) when an electronic acceptance is received; or

(B) if the response consists of beginning performance, full performance, orgiving access to information, when the performance is received or the accessis enabled and necessary access materials are received.

(2000, cc. 101, 996.)