Page:Electronic Transactions Act 2010.pdf/9

10 : business are in different States, consistent with the provisions of that Convention.

Excluded matters

4.—(1) The provisions of this Act specified in the first column of the First Schedule shall not apply to any rule of law requiring writing or signatures in any of the matters specified in the second column of that Schedule.

(2) The Minister may, by order published in the Gazette, amend the First Schedule.

Party autonomy

5.—(1) Nothing in Part II shall affect any rule of law or obligation requiring the agreement or consent of the parties as to the form of a communication or record, and (unless otherwise agreed or provided by a rule of law) such agreement or consent may be inferred from the conduct of the parties.

(2) Nothing in Part II shall prevent the parties to a contract or transaction from—
 * (a) excluding the use of electronic records, electronic communications or electronic signatures in the contract or transaction by agreement; or
 * (b) imposing additional requirements as to the form or authentication of the contract or transaction by agreement.

(3) Subject to any other rights or obligations of the parties to a contract or transaction, the parties may, by agreement—
 * (a) exclude section 6, 11, 12, 13, 14, 15 or 16 from applying to the contract or transaction; or
 * (b) derogate from or vary the effect of all or any of those provisions in respect of the contract or transaction.