(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. 2000, cc. 101, 996.
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