2006 Code of Virginia § 59.1-506.6 - Copy; delivery; tender of delivery

59.1-506.6. Copy; delivery; tender of delivery.

(a) Delivery of a copy must be at the location designated by agreement. Inthe absence of a designation, the following rules apply:

(1) The place for delivery of a copy on a tangible medium is the tenderingparty's place of business or, if it has none, its residence. However, if theparties know at the time of contracting that the copy is located in someother place, that place is the place for delivery.

(2) The place for electronic delivery of a copy is an information processingsystem designated or used by the licensor.

(3) Documents of title may be delivered through customary banking channels.

(b) Tender of delivery of a copy requires the tendering party to put and holda conforming copy at the other party's disposition and give the other partyany notice reasonably necessary to enable it to obtain access to, control, orpossession of the copy. Tender must be at a reasonable hour and, ifapplicable, requires tender of access material and other documents requiredby the agreement. The party receiving tender shall furnish facilitiesreasonably suited to receive tender. In addition, the following rules apply:

(1) If the contract requires delivery of a copy held by a third personwithout being moved, the tendering party shall tender access material ordocuments required by the agreement.

(2) If the tendering party is required or authorized to send a copy to theother party and the contract does not require the tendering party to deliverthe copy at a particular destination, the following rules apply:

(A) In tendering delivery of a copy on a tangible medium, the tendering partyshall put the copy in the possession of a carrier and make a contract for itstransportation that is reasonable in light of the nature of the informationand other circumstances, with expenses of transportation to be borne by thereceiving party.

(B) In tendering electronic delivery of a copy, the tendering party shallinitiate or cause to have initiated a transmission that is reasonable inlight of the nature of the information and other circumstances, with expensesof transmission to be borne by the receiving party.

(3) If the tendering party is required to deliver a copy at a particulardestination, the tendering party shall make a copy available at thatdestination and bear the expenses of transportation or transmission.

(2000, cc. 101, 996.)