Guam § 91108 - Provision of Information in Writing; Presentation of Records.

§ 91108. Provision 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 Chapter requires a record

(1) to be posted or displayed in a certain manner,

(2) to be sent, communicated, or transmitted by a specified

method, or

(3) to contain information that is formatted in a certain manner, the

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CH. 91 - UNIFORM ELECTRONIC TRANSACTIONS ACT

following rules apply:

(A) The record must be posted or displayed in the manner

specified in the other law.

(B) Except as otherwise provided in Subsection (d)(2), the

record must be sent, communicated, or transmitted by the method

specified in the other law.

(C) 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:

(1) to the extent a law other than this Chapter requires

information to be provided, sent, or delivered in writing but permits

that requirement to be varied by agreement, the requirement under

Subsection (a) that the information be in the form of an electronic

record capable of retention may also be varied by agreement; and

(2) a requirement under a law other than this Chapter 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.

2015 NOTE: Subsection designations in (b) altered to adhere to the Compiler’s

alpha-numeric scheme.