{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2026\/code-json\/59.1-507.4.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2026\/code-text\/59.1-507.4.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2026\/code-xml\/59.1-507.4.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2026\/code-html\/59.1-507.4.html"}],"law_id":373310,"edition_id":2,"section_id":373310,"structure_id":53126,"section_number":"59.1-507.4","catch_line":"Copy; refusal of defective tender","history":"2000, cc. 101, 996.","full_text":"a\n\nSubject to subsection (b) and \u00a7 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\n1\n\nrefuse the tender;\n\n2\n\naccept the tender; or\n\n3\n\naccept any commercially reasonable units and refuse the rest.\n\nb\n\nIn 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\nc\n\nRefusal of a tender is ineffective unless:\n\n1\n\nit is made before acceptance;\n\n2\n\nit is made within a reasonable time after tender or completion of any permitted effort to cure; and\n\n3\n\nthe refusing party seasonably notifies the tendering party of the refusal.\n\nd\n\nExcept 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.\n\n","order_by":null,"text":{"0":{"id":1393094,"text":"Subject to subsection (b) and \u00a7 59.1-507.5, tender of a copy that is a material breach of contract permits the party to which tender is made to:","type":"section","prefixes":["a"],"prefix":"a","entire_prefix":"a","prefix_anchor":"a","level":1,"next_prefix":"a1"},"1":{"id":1393095,"text":"refuse the tender;","type":"section","prefixes":["a","1"],"prefix":"1","entire_prefix":"a1","prefix_anchor":"a1","level":2,"prior_prefix":"a","next_prefix":"a2"},"2":{"id":1393096,"text":"accept the tender; or","type":"section","prefixes":["a","2"],"prefix":"2","entire_prefix":"a2","prefix_anchor":"a2","level":2,"prior_prefix":"a1","next_prefix":"a3"},"3":{"id":1393097,"text":"accept any commercially reasonable units and refuse the rest.","type":"section","prefixes":["a","3"],"prefix":"3","entire_prefix":"a3","prefix_anchor":"a3","level":2,"prior_prefix":"a2","next_prefix":"b"},"4":{"id":1393098,"text":"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.","type":"section","prefixes":["b"],"prefix":"b","entire_prefix":"b","prefix_anchor":"b","level":1,"prior_prefix":"a3","next_prefix":"c"},"5":{"id":1393099,"text":"Refusal of a tender is ineffective unless:","type":"section","prefixes":["c"],"prefix":"c","entire_prefix":"c","prefix_anchor":"c","level":1,"prior_prefix":"b","next_prefix":"c1"},"6":{"id":1393100,"text":"it is made before acceptance;","type":"section","prefixes":["c","1"],"prefix":"1","entire_prefix":"c1","prefix_anchor":"c1","level":2,"prior_prefix":"c","next_prefix":"c2"},"7":{"id":1393101,"text":"it is made within a reasonable time after tender or completion of any permitted effort to cure; and","type":"section","prefixes":["c","2"],"prefix":"2","entire_prefix":"c2","prefix_anchor":"c2","level":2,"prior_prefix":"c1","next_prefix":"c3"},"8":{"id":1393102,"text":"the refusing party seasonably notifies the tendering party of the refusal.","type":"section","prefixes":["c","3"],"prefix":"3","entire_prefix":"c3","prefix_anchor":"c3","level":2,"prior_prefix":"c2","next_prefix":"d"},"9":{"id":1393103,"text":"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.","type":"section","prefixes":["d"],"prefix":"d","entire_prefix":"d","prefix_anchor":"d","level":1,"prior_prefix":"c3"}},"ancestry":[{"id":53126,"edition_id":2,"name":"Breach of Contract","identifier":"7","label":"article","depth":3,"order_by":7,"parent_id":53119,"metadata":{"child_laws":11,"child_structures":0},"date_created":"2026-08-02 03:11:18","date_modified":"2026-08-02 12:36:35","permalink":{"id":1489265,"object_type":"structure","relational_id":53126,"identifier":"7","token":"59.1\/43\/7","url":"\/59.1\/43\/7\/","edition_id":2,"permalink":0,"preferred":1}},{"id":53119,"edition_id":2,"name":"Uniform Computer Information Transactions Act","identifier":"43","label":"chapter","depth":2,"order_by":80,"parent_id":53010,"metadata":{"child_laws":121,"child_structures":9},"date_created":"2026-08-02 03:11:05","date_modified":"2026-08-02 12:36:34","permalink":{"id":1488887,"object_type":"structure","relational_id":53119,"identifier":"43","token":"59.1\/43","url":"\/59.1\/43\/","edition_id":2,"permalink":0,"preferred":1}},{"id":53010,"edition_id":2,"name":"Trade and Commerce","identifier":"59.1","label":"title","depth":1,"order_by":127,"parent_id":null,"metadata":{"child_laws":861,"child_structures":141},"date_created":"2026-08-02 03:09:52","date_modified":"2026-08-02 12:36:19","permalink":{"id":1486523,"object_type":"structure","relational_id":53010,"identifier":"59.1","token":"59.1","url":"\/59.1\/","edition_id":2,"permalink":0,"preferred":1}}],"structure_contents":[{"id":373305,"structure_id":53126,"section_number":"59.1-507.1","catch_line":"Breach of contract; material breach","url":"\/59.1-507.1\/","token":"59.1\/43\/7\/59.1-507.1","metadata":false},{"id":373306,"structure_id":53126,"section_number":"59.1-507.10","catch_line":"Retraction of anticipatory repudiation","url":"\/59.1-507.10\/","token":"59.1\/43\/7\/59.1-507.10","metadata":false},{"id":373307,"structure_id":53126,"section_number":"59.1-507.11","catch_line":"Reserved","url":"\/59.1-507.11\/","token":"59.1\/43\/7\/59.1-507.11","metadata":false},{"id":373308,"structure_id":53126,"section_number":"59.1-507.2","catch_line":"Waiver of remedy for breach of contract","url":"\/59.1-507.2\/","token":"59.1\/43\/7\/59.1-507.2","metadata":false},{"id":373309,"structure_id":53126,"section_number":"59.1-507.3","catch_line":"Cure of breach of contract","url":"\/59.1-507.3\/","token":"59.1\/43\/7\/59.1-507.3","metadata":false},{"id":373310,"structure_id":53126,"section_number":"59.1-507.4","catch_line":"Copy; refusal of defective tender","url":"\/59.1-507.4\/","token":"59.1\/43\/7\/59.1-507.4","metadata":false},{"id":373311,"structure_id":53126,"section_number":"59.1-507.5","catch_line":"Copy; contract with previous vested grant of rights","url":"\/59.1-507.5\/","token":"59.1\/43\/7\/59.1-507.5","metadata":false},{"id":373312,"structure_id":53126,"section_number":"59.1-507.6","catch_line":"Copy; duties upon rightful refusal","url":"\/59.1-507.6\/","token":"59.1\/43\/7\/59.1-507.6","metadata":false},{"id":373313,"structure_id":53126,"section_number":"59.1-507.7","catch_line":"Copy; revocation of acceptance","url":"\/59.1-507.7\/","token":"59.1\/43\/7\/59.1-507.7","metadata":false},{"id":373314,"structure_id":53126,"section_number":"59.1-507.8","catch_line":"Adequate assurance of performance","url":"\/59.1-507.8\/","token":"59.1\/43\/7\/59.1-507.8","metadata":false},{"id":373315,"structure_id":53126,"section_number":"59.1-507.9","catch_line":"Anticipatory repudiation","url":"\/59.1-507.9\/","token":"59.1\/43\/7\/59.1-507.9","metadata":false}],"previous_section":{"id":373309,"structure_id":53126,"section_number":"59.1-507.3","catch_line":"Cure of breach of contract","url":"\/59.1-507.3\/","token":"59.1\/43\/7\/59.1-507.3","metadata":false},"next_section":{"id":373311,"structure_id":53126,"section_number":"59.1-507.5","catch_line":"Copy; contract with previous vested grant of rights","url":"\/59.1-507.5\/","token":"59.1\/43\/7\/59.1-507.5","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/59.1-507.4\/","history_text":"

This law was first created in 2000. The record of its establishment is cataloged in chapters 101<\/a> and 996<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year.<\/p>","references":[{"id":373286,"section_number":"59.1-506.1","catch_line":"Performance of contract in general","order_by":null,"url":"\/59.1-506.1\/"},{"id":373298,"section_number":"59.1-506.3","catch_line":"Submissions of information to satisfaction of party","order_by":null,"url":"\/59.1-506.3\/"},{"id":373299,"section_number":"59.1-506.4","catch_line":"Immediately completed performance","order_by":null,"url":"\/59.1-506.4\/"},{"id":373303,"section_number":"59.1-506.8","catch_line":"Copy; right to inspect; payment before inspection","order_by":null,"url":"\/59.1-506.8\/"}],"refers_to":[{"id":373311,"section_number":"59.1-507.5","catch_line":"Copy; contract with previous vested grant of rights","order_by":null,"url":"\/59.1-507.5\/"}],"permalink":{"id":1489287,"object_type":"law","relational_id":373310,"identifier":"59.1-507.4","token":"59.1\/43\/7\/59.1-507.4","url":"\/59.1-507.4\/","edition_id":2,"permalink":0,"preferred":1},"url":"\/59.1-507.4\/","token":"59.1\/43\/7\/59.1-507.4","dublin_core":{"Title":"Copy; refusal of defective tender","Type":"Text","Format":"text\/html","Identifier":"\u00a7 59.1-507.4","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

a.<\/span> Subject to subsection (b) and \u00a7 59.1-507.5<\/a>, tender of a copy that is a material<\/span> breach of contract<\/span> permits the party<\/span> to which tender is made to: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> refuse the tender; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> accept the tender; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> accept any commercially reasonable units and refuse the rest. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

b.<\/span> 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<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

c.<\/span> Refusal of a tender is ineffective unless: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> it is made before acceptance; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> it is made within a reasonable time after tender or completion of any permitted effort to cure; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> the refusing party<\/span> seasonably notifies the tendering party<\/span> of the refusal. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

d.<\/span> Except in a case governed by subsection (b), a party<\/span> that rightfully refuses tender of a copy may cancel the contract<\/span> only if the tender was a material<\/span> breach of the whole contract<\/span> or the agreement so provides. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nCOPY; REFUSAL OF DEFECTIVE TENDER (\u00a7 59.1-507.4)\n\na. Subject to subsection (b) and \u00a7 59.1-507.5, tender of a copy that is a\nmaterial breach of contract permits the party to which tender is made to:\n\n 1. refuse the tender;\n\n 2. accept the tender; or\n\n 3. accept any commercially reasonable units and refuse the rest.\n\nb. In a mass-market transaction that calls for only a single tender of a copy, a\nlicensee may refuse the tender if the tender does not conform to the contract.\n\nc. Refusal of a tender is ineffective unless:\n\n 1. it is made before acceptance;\n\n 2. it is made within a reasonable time after tender or completion of any\n permitted effort to cure; and\n\n 3. the refusing party seasonably notifies the tendering party of the refusal.\n\nd. Except in a case governed by subsection (b), a party that rightfully refuses\ntender of a copy may cancel the contract only if the tender was a material\nbreach of the whole contract or the agreement so provides.\n\nHISTORY: 2000, cc. 101, 996.","edition":{"id":2,"name":"2026","slug":"2026","date_created":"2026-07-16 18:40:23","date_modified":"2026-08-02 15:14:36","current":1,"order_by":2,"last_import":"2026-08-02 12:37:30"}}