(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:
(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.
(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.
