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.