§ 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 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.)
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