                                 CODE OF VIRGINIA

COPY; REFUSAL OF DEFECTIVE TENDER (§ 59.1-507.4)

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: 2000, cc. 101, 996.