Copy; refusal of defective tender (§ 59.1-507.4)

§ 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.