Maryland Statutes
Subtitle 7 - Breach of Contract; General; Defective Copies; Repudiation and Assurances
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:
        (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) 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.

Structure Maryland Statutes