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
Structure Michigan Compiled Laws
Act 305 of 2000 - Uniform Electronic Transactions Act (450.831 - 450.849)
Section 450.831 - Short Title.
Section 450.832 - Definitions.
Section 450.833 - Applicability of Act to Electronic Records and Signatures; Exception for 2020.
Section 450.834 - Applicability of Act; Commencement.
Section 450.835 - Scope of Act; Terms.
Section 450.835a - Amending, Reaffirming, or Repealing Restrictive Covenant by Electronic Signature.
Section 450.836 - Construction of Act.
Section 450.837 - Record or Signature in Electronic Form; Legal Effect; Enforcement.
Section 450.839 - Attribution of Electronic Record or Signature.
Section 450.840 - Change or Error in Transmission of Electronic Record.
Section 450.842 - Retention of Record.
Section 450.843 - Evidence of Record or Signature in Criminal or Civil Proceeding.
Section 450.844 - Automated Transaction; Applicable Rules.
Section 450.845 - Electronic Record Considered Sent or Received.
Section 450.846 - Transferable Record.
Section 450.849 - Standards Adopted by Other Governmental Agencies.