§ 22-704. Copy: Refusal of defective tender

   (a) Options of party to which tender is made in mass-market transaction. -- Subject to subsection (b) of this section and § 22-705 of this subtitle, 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) Single tender in mass-market transaction. -- 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) Requirements for refusal to be effective. -- 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) Cancellation of contract. -- Except in a case governed by subsection (b) of this section, 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, ch. 11; ch. 61, § 6.