§9405. Use of electronic records and electronic signatures; variation by agreement
1. Electronic means or form not required. This chapter does not require a record or signature to be created, generated, sent, communicated, received, stored or otherwise processed or used by electronic means or in electronic form.
[PL 1999, c. 762, §2 (NEW).]
2. Consent. This chapter applies only to transactions between parties, each of which has agreed to conduct transactions by electronic means. Whether the parties agree to conduct a transaction by electronic means is determined from the context and surrounding circumstances, including the parties' conduct.
[PL 1999, c. 762, §2 (NEW).]
3. Other transactions. A party that agrees to conduct a transaction by electronic means may refuse to conduct other transactions by electronic means. The right granted by this subsection may not be waived by agreement.
[PL 1999, c. 762, §2 (NEW).]
4. Variance by agreement. Except as otherwise provided in this chapter, the effect of any of the provisions of this chapter may be varied by agreement. The presence in certain provisions of this chapter of the words "unless otherwise agreed," or words of similar import, does not imply that the effect of other provisions may not be varied by agreement.
[PL 1999, c. 762, §2 (NEW).]
5. Conclusions of law. Whether an electronic record or electronic signature has legal consequences is determined by this chapter and other applicable law.
[PL 1999, c. 762, §2 (NEW).]
SECTION HISTORY
PL 1999, c. 762, §2 (NEW).