59.1-507.7 - Copy; revocation of acceptance. - Virginia Statutes

§ 59.1-507.7. Copy; revocation of acceptance.

(a) A party that accepts a nonconforming tender of a copy may revokeacceptance only if the nonconformity is a material breach of contract and theparty accepted it:

(1) on the reasonable assumption that the nonconformity would be cured, andthe nonconformity was not seasonably cured;

(2) during a continuing effort by the party in breach at adjustment and cure,and the breach was not seasonably cured; or

(3) without discovery of the nonconformity, if acceptance was reasonablyinduced either by the other party's assurances or by the difficulty ofdiscovery before acceptance.

(b) Revocation of acceptance is not effective until the revoking partynotifies the other party of the revocation.

(c) Revocation of acceptance of a copy is precluded if:

(1) it does not occur within a reasonable time after the party attempting torevoke discovers or should have discovered the grounds for it;

(2) it occurs after a substantial change in condition not caused by defectsin the information, such as after the party commingles the information in amanner that makes its return impossible; or

(3) the party attempting to revoke received a substantial benefit or valuefrom the information, and the benefit or value cannot be returned.

(d) A party that rightfully revokes has the same duties and is under the samerestrictions as if the party had refused tender of the copy.

(2000, cc. 101, 996.)