[§489E-8]  Provision of information in
writing; presentation of records.  (a)  If parties have agreed to conduct a
transaction by electronic means and a law requires a person to provide, send,
or deliver information in writing to another person, the requirement is
satisfied if the information is provided, sent, or delivered, as the case may
be, in an electronic record capable of retention by the recipient at the time
of receipt.  An electronic record is not capable of retention by the recipient
if the sender or the sender's information processing system inhibits the
ability of the recipient to print or store the electronic record.



(b)  If a law other than this chapter requires
a record to: be posted or displayed in a certain manner; be sent, communicated,
or transmitted by a specified method; or contain information that is formatted
in a certain manner, the following rules shall apply:



(1)  The record shall be posted or displayed in the
manner specified in the other law;



(2)  Except as otherwise provided in subsection
(d)(2), the record shall be sent, communicated, or transmitted by the method
specified in the other law; and



(3)  The record shall contain the information
formatted in the manner specified in the other law.



(c)  If a sender inhibits the ability of a
recipient to store or print an electronic record, the electronic record shall
not be enforceable against the recipient.



(d)  The requirements of this section shall not
be varied by agreement, but:



(1)  To the extent a law other than this chapter requires
information to be provided, sent, or delivered in writing but permits that
requirement to be varied by agreement, the requirement under subsection (a)
that the information be in the form of an electronic record capable of
retention may also be varied by agreement; and



(2)  A requirement under a law other than this chapter
to send, communicate, or transmit a record by first-class mail, postage
prepaid, may be varied by agreement to the extent permitted by the other law.
[L 2000, c 282, pt of §1]