dealings between the parties or from information disclosed by the parties at any time before or at the conclusion of the contract. 3. Neither the nationality of the parties nor the civil or commercial character of the parties or of the contract is to be taken into consideration in determining the application of this Convention. Article 2 Exclusions 1. This Convention does not apply to electronic communications relating to any of the following: (a) Contracts concluded for personal, family or household purposes; (b) (i) Transactions on a regulated exchange; (ii) foreign exchange transactions; (iii) inter-bank payment systems, inter-bank payment agreements or clearance and settlement systems relating to securities or other financial assets or instruments; (iv) the transfer of security rights in sale, loan or holding of or agreement to repurchase securities or other financial assets or instruments held with an intermediary. 1. This Convention does not apply to bills of exchange, promissory notes, consignment notes, bills of lading, warehouse receipts or any transferable document or instrument that entitles the bearer or beneficiary to claim the delivery of goods or the payment of a sum of money. Article 3 Party autonomy The parties may exclude the application of this Convention or derogate from or vary the effect of any of its provisions. Chapter II General provisions Article 4 Definitions For the purposes of this Convention: (a) “Communication” means any statement, declaration, demand, notice or request, including an offer and the acceptance of an offer, that the parties are required to make or choose to make in connection with the formation or performance of a contract; (b) “Electronic communication” means any communication that the parties make by means of data messages; 24

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