Sec. 5. (1) This act 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) This act 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) 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) Unless otherwise prohibited by this act, a provision of this act may be varied by agreement. (5) Whether an electronic record or electronic signature has legal consequences is determined by this act and other applicable law. History: 2000, Act 305, Imd. Eff. Oct. 16, 2000
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