59.1-506.9 - Copy; when acceptance occurs. - Virginia Statutes

§ 59.1-506.9. Copy; when acceptance occurs.

(a) Acceptance of a copy occurs when the party to which the copy is tendered:

(1) signifies, or acts with respect to the copy in a manner that signifies,that the tender was conforming or that the party will take or retain the copydespite the nonconformity;

(2) does not make an effective refusal;

(3) commingles the copy or the information in a manner that makes compliancewith the party's duties after refusal impossible;

(4) obtains a substantial benefit from the copy and cannot return thatbenefit; or

(5) acts in a manner inconsistent with the licensor's ownership, but the actis an acceptance only if the licensor elects to treat it as an acceptance andratifies the act to the extent it was within contractual use terms.

(b) Except in cases governed by subsection (a) (3) or (4), if there is aright to inspect under § 59.1-506.8 or the agreement, acceptance of a copyoccurs only after the party has had a reasonable opportunity to inspect thecopy.

(c) If an agreement requires delivery in stages involving separate portionsthat taken together comprise the whole of the information, acceptance of anystage is conditional until acceptance of the whole.

(2000, cc. 101, 996.)