Current with changes from the 2024 Legislative Session
Section 22-704 - Copy: Refusal of defective tender(a) 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:(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) 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.