(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:\n(1) refuse the tender;\n(2) accept the tender; or\n(3) accept any commercially reasonable units and refuse the rest.\n(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.\n(c) Refusal of a tender is ineffective unless:\n(1) it is made before acceptance;\n(2) it is made within a reasonable time after tender or completion of any permitted effort to cure; and\n(3) the refusing party seasonably notifies the tendering party of the refusal.\n(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.\n2000, cc. 101, 996.
Virginia Legal Code