16D.—(1) Nothing in this Part requires a person to use an electronic transferable record without the person’s consent.[5/2021]
(2) The consent of a person to use an electronic transferable record may be inferred from the person’s conduct.[5/2021]
(3) Pursuant to subsection (1) —(a)
the parties who do not consent to the use of an electronic transferable record may derogate from all the provisions of this Part; but
(b)
the parties may not derogate from only some but not all the provisions of this Part.[5/2021]
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