§ 59.1-507.4 — Copy; refusal of defective tender

Virginia § 59.1-507.4

• Jurisdiction: Virginia
• Title 59.1: TRADE AND COMMERCE
• Ch. 43: UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT
• Art. 7: BREACH OF CONTRACT

Text

(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.

Legislative History

2000, cc. 101, 996.