s 5 Party autonomy
5.—(1) Nothing in Part 2 affects 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 2 prevents 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.