2006 Code of Virginia § 59.1-502.8 - Adopting terms of records

59.1-502.8. Adopting terms of records.

Except as otherwise provided in 59.1-502.9, the following rules apply:

(1) A party adopts the terms of a record, including a standard form, as theterms of the contract if the party agrees to the record, such as bymanifesting assent.

(2) The terms of a record may be adopted pursuant to paragraph (1) afterbeginning performance or use if the parties had reason to know that theiragreement would be represented in whole or part by a later record to beagreed on and there would not be an opportunity to review the record or acopy of it before performance or use begins. If the parties fail to agree tothe later terms and did not intend to form a contract unless they so agreed, 59.1-502.2 (e) applies.

(3) If a party adopts the terms of a record, the terms become part of thecontract without regard to the party's knowledge or understanding ofindividual terms in the record, except for a term that is unenforceablebecause it fails to satisfy another requirement of this chapter.

(2000, cc. 101, 996.)