§ 22-704
171 words·~1 min read·
/md/commercial-law/22-704A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
§22–704.
(a)Subject to subsection
(b)of this section and § 22-705 of this subtitle, tender of a copy that is a material 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 a copy, a licensee may refuse the tender if the tender does not conform to the contract.
(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 any permitted 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)of this section, a party that rightfully refuses tender of a copy may cancel the contract only if the tender was a material breach of the whole contract or the agreement so provides.