§ 40-21-108 — Provisions 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 act 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:
(i) The record must be posted or displayed in the
manner specified in the other law;
(ii) Except as otherwise provided in paragraph
(d)(ii) of this section, the record must be sent, communicated
or transmitted by the method specified in the other law;
(iii) 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:
(i) To the extent a law other than this act 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
(ii) A requirement under a law other than this act to
send, communicate or transmit a record by first-class mail,
postage prepaid or regular United States mail, may be varied by
agreement to the extent permitted by the other law.