[§489E-5]  Use of electronic records and
electronic signatures; variation by agreement.  (a)  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.



(b)  This chapter shall apply 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.  Except for a separate and optional agreement,
the primary purpose of which is to authorize a transaction to be conducted by
electronic means, an agreement to conduct a transaction electronically shall
not be contained in a standard form contract that is not an electronic record. 
An agreement in such a standard form contract shall not be conditioned upon an
agreement to conduct transactions electronically.  An agreement to conduct a
transaction electronically cannot be inferred solely from the fact that a party
has used electronic means to pay an account or register a purchase or
warranty.  This subsection shall not be varied by agreement.



(c)  A party that agrees to conduct a transaction
by electronic means may refuse to conduct other transactions by electronic
means.  If a seller sells goods or services by both electronic and
nonelectronic means and a buyer purchases the goods or services by conducting
the transaction electronically, the buyer may refuse to conduct further
transactions regarding the goods and services electronically.  The right
granted by this subsection may not be waived by agreement.



(d)  Except as otherwise provided in this
chapter, the effect of any of its provisions may be varied by agreement.  The
presence in certain provisions of this chapter of the words "unless
otherwise agreed", or words of similar import, shall not imply that the
effect of other provisions may not be varied by agreement.



(e)  Whether an electronic record or electronic
signature has legal consequences is determined by this chapter and other
applicable law. [L 2000, c 282, pt of §1]