Code of Virginia § 59.1-507.4. Copy; refusal of defective tender.
168 words·~1 min read·
/va/title-59-1/chapter-43/59-1-507-4·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)Subject to subsection
(b)and § 59.1-507.5 , 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), 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.
2000, cc. 101 , 996 .