Va. Code § 59.1-507.4: Copy; refusal of defective tender

(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.