59.1-507.4 - Copy; refusal of defective tender. - Virginia Statutes

§ 59.1-507.4. Copy; refusal of defective tender.

(a) Subject to subsection (b) and § 59.1-507.5, tender of a copy that is amaterial 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) In a mass-market transaction that calls for only a single tender of acopy, a licensee may refuse the tender if the tender does not conform to thecontract.

(c) 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 anypermitted effort to cure; and

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

(d) Except in a case governed by subsection (b), a party that rightfullyrefuses tender of a copy may cancel the contract only if the tender was amaterial breach of the whole contract or the agreement so provides.

(2000, cc. 101, 996.)