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;
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