(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.

Terms Used In Michigan Laws 450.835

  • Agreement: means the bargain of the parties in fact, as found in their language or inferred from other circumstances and from rules, regulations, and procedures given the effect of agreements under laws otherwise applicable to a particular transaction. See Michigan Laws 450.832
  • Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. See Michigan Laws 450.832
  • Electronic record: means a record created, generated, sent, communicated, received, or stored by electronic means. See Michigan Laws 450.832
  • Electronic signature: means an electronic sound, symbol, or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record. See Michigan Laws 450.832
  • Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Michigan Laws 450.832
  • Transaction: means an action or set of actions occurring between 2 or more persons relating to the conduct of business, commercial, or governmental affairs. See Michigan Laws 450.832
  (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.
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