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§ 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.

History

This law was first created in 2000. The record of its establishment is cataloged in chapters 101 and 996 of that year’s edition of “Acts of Assembly,” the annual state publication listing all changes made to the Code of Virginia in that year.

2000, cc. 101, 996.

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