§ 42-127.1-8 - Provision of information in writing – Presentation of records.
SECTION 42-127.1-8
§ 42-127.1-8 Provision of information inwriting – Presentation of records. – (a) If parties have agreed to conduct a transaction by electronic means and alaw requires a person to provide, send, or deliver information, in writing, toanother person, the requirement is satisfied if the information is provided,sent, or delivered, as the case may be, in an electronic record capable ofretention by the recipient at the time of receipt. An electronic record is notcapable of retention by the recipient if the sender or its informationprocessing system inhibits the ability of the recipient to print or store theelectronic record.
(b) If a law other than this chapter requires a record: (1)to be posted or displayed in a certain manner; (2) to be sent, communicated, ortransmitted by a specified method, or (3) to contain information that isformatted in a certain manner, the following rules apply:
(i) The record must be posted or displayed in the mannerspecified in the other law.
(ii) Except as otherwise provided in subdivision (d)(2), therecord must be sent, communicated, or transmitted by the method specified inthe other law.
(iii) The record must contain the information formatted inthe manner specified in the other law.
(c) If a sender inhibits the ability of a recipient to storeor print an electronic record, the electronic record is not enforceable againstthe recipient.
(d) The requirements of this section may not be varied byagreement, but:
(1) To the extent a law other than this chapter requiresinformation to be provided, sent, or delivered in writing but permits thatrequirement to be varied by agreement, the requirement under subsection (a)that the information be in the form of an electronic record capable ofretention may also be varied by agreement; and
(2) A requirement under a law other than this chapter tosend, communicate, or transmit a record by first-class mail, postage prepaid orregular United States mail, may be varied by agreement to the extent permittedby the other law.