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.

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.

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.

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.

5.__Conclusions of law.__Whether an electronic record or electronic signature has legal consequences is determined by this chapter and other applicable law.

§9406.__Construction and application

This chapter must be construed and applied:

1.__Facilitation.__To facilitate electronic transactions consistent with other applicable law;

2.__Reasonable practices.__To be consistent with reasonable practices concerning electronic transactions and with the continued expansion of those practices; and

3.__General purpose.__To effectuate its general purpose to make uniform the law with respect to the subject of this chapter among states enacting it.

§9407.__Legal recognition of electronic records, electronic

signatures and electronic contracts