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Current as of January 01, 2020 | Updated by FindLaw Staff
(a) A party that accepts a nonconforming tender of a copy may revoke acceptance only if the nonconformity is a material breach of contract and the party accepted it:
(1) on the reasonable assumption that the nonconformity would be cured, and the nonconformity was not seasonably cured;
(2) during a continuing effort by the party in breach at adjustment and cure, and the breach was not seasonably cured; or
(3) without discovery of the nonconformity, if acceptance was reasonably induced either by the other party's assurances or by the difficulty of discovery before acceptance.
(b) Revocation of acceptance is not effective until the revoking party notifies the other party of the revocation.
(c) Revocation of acceptance of a copy is precluded if:
(1) it does not occur within a reasonable time after the party attempting to revoke discovers or should have discovered the grounds for it;
(2) it occurs after a substantial change in condition not caused by defects in the information, such as after the party commingles the information in a manner that makes its return impossible; or
(3) the party attempting to revoke received a substantial benefit or value from the information, and the benefit or value cannot be returned.
(d) A party that rightfully revokes has the same duties and is under the same restrictions as if the party had refused tender of the copy.
Cite this article: FindLaw.com - Virginia Code Title 59.1. Trade and Commerce § 59.1-507.7. Copy; revocation of acceptance - last updated January 01, 2020 | https://codes.findlaw.com/va/title-59-1-trade-and-commerce/va-code-sect-59-1-507-7/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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