Section 40-21-110 – Effect of Change or Error.
40-21-110. Effect of change or error. (a) If a change or error in an electronic record occurs in a transmission between parties to a transaction, the following rules apply: (i) If the parties have agreed to use a security procedure to detect changes or errors and one (1) party has conformed to the procedure, but […]
Section 40-21-102 – Definitions.
40-21-102. Definitions. (a) In this article unless the context otherwise requires: (i) “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; (ii) “Automated transaction” means a […]
Section 40-21-103 – Scope.
40-21-103. Scope. (a) Except as otherwise provided in subsection (b) of this section, this act applies to electronic records and electronic signatures relating to a transaction. (b) This act does not apply to a transaction to the extent it is governed by: (i) A law governing the creation and execution of wills, codicils or testamentary […]
Section 40-21-104 – Applicability.
40-21-104. Applicability. (a) This act applies to any electronic record or electronic signature created, generated, sent, communicated, received or stored on or after July 1, 2001. (b) The Financial Technology Sandbox Act shall apply to this act.
Section 40-21-105 – Use of Electronic Records and Electronic Signatures, Variation by Agreement.
40-21-105. Use of electronic records and electronic signatures, variation by agreement. (a) 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. (b) This act applies only to transactions between parties each of which has agreed […]
Section 40-21-106 – Construction and Application.
40-21-106. Construction and application. (a) This act must be construed and applied: (i) To facilitate electronic transactions consistent with other applicable law; (ii) To be consistent with reasonable practices concerning electronic transactions and with the continued expansion of those practices; and (iii) To effectuate its general purpose to make uniform the law with respect to […]
Section 40-21-107 – Legal Recognition of Electronic Records, Electronic Signatures and Electronic Contracts.
40-21-107. Legal recognition of electronic records, electronic signatures and electronic contracts. (a) A record or signature may not be denied legal effect or enforceability solely because it is in electronic form. (b) A contract may not be denied legal effect or enforceability solely because an electronic record was used in its formation. (c) If a […]
Section 40-20-119 – Reimbursement for Warranty Work.
40-20-119. Reimbursement for warranty work. (a) If a dealer submits a warranty claim to a supplier while the dealer agreement is in effect or within sixty (60) days after the termination of the dealer agreement and if the claim is for work performed before the termination or expiration of the dealer agreement, the supplier shall […]
Section 40-20-120 – Repurchase Obligations of Supplier on Cancellation or Discontinuance of Dealer Agreement.
40-20-120. Repurchase obligations of supplier on cancellation or discontinuance of dealer agreement. (a) Whenever any dealer enters into a dealer agreement with a supplier and either the supplier or the dealer desires to cancel, not renew or otherwise discontinue the dealer agreement, the supplier shall pay to the dealer or credit to the dealer’s account, […]
Section 40-20-121 – Repurchase Not Required.
40-20-121. Repurchase not required. (a) The provisions of this chapter shall not require the repurchase from a dealer of: (i) Any repair part in a broken or damaged package. The supplier shall be required to repurchase a repair part in a broken or damaged package, for a repurchase price that is equal to eighty-five percent […]