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§277. Provision of information in writing; presentation of records


Published: 2015

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The Vermont Statutes Online



Title

09

:
Commerce and Trade






Chapter

020

:
UNIFORM ELECTRONIC TRANSACTIONS ACT











 

§

277. 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 its 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, to be sent, communicated, or transmitted by a specified method,

or to contain information that is formatted in a certain manner, the following

rules apply:

(1) The record

must be posted or displayed in the manner specified in the other law.

(2) Except as

otherwise provided in subdivision (d)(2) of this section, the record must be

sent, communicated, or transmitted by the method specified in the other law.

(3) The record

must 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 is not enforceable against the recipient.

(d) The

requirements of this section may 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) of this section 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 may be varied by agreement to the extent

permitted by the other law. (Added 2003, No. 44, § 1, eff. Jan. 1, 2004.)