59.1-506.10 - Copy; effect of acceptance; burden of establishing; notice of claims. - Virginia Statutes

§ 59.1-506.10. Copy; effect of acceptance; burden of establishing; notice ofclaims.

(a) A party accepting a copy shall pay or render the consideration requiredby the agreement for the copy it accepts. Acceptance of a copy precludesrefusal and, if made with knowledge of a nonconformity in a tender, may notbe revoked because of the nonconformity unless acceptance was on thereasonable assumption that the nonconformity would be seasonably cured.Acceptance by itself does not impair any other remedy for nonconformity.

(b) A party accepting a copy has the burden of establishing a breach ofcontract with respect to the copy.

(c) If a copy has been accepted, the accepting party shall:

(1) except with respect to claims of a type described in § 59.1-508.5 (d)(1), within a reasonable time after it discovers or should have discovered abreach of contract, notify the other party of the breach or be barred fromany remedy for the breach; and

(2) if the claim is for breach of a warranty regarding noninfringement andthe accepting party is sued by a third party because of the breach, notifythe warrantor within a reasonable time after receiving notice of thelitigation or be precluded from any remedy for the liability established bythe litigation.

(2000, cc. 101, 996.)