reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 489E. Uniform Electronic Transactions Act › 489E-5 Use of electronic records and electronic signatures; variation by agreement.

§489E-5 Use of electronic records and electronic signatures; variation by agreement.
(a) This chapter does not require a record or signature to be created, generated, sent, communicated, received, stored, or otherwise processed or used by electronic means or in electronic form.
(b) This chapter shall apply only to transactions between parties each of which has agreed to conduct transactions by electronic means. Whether the parties agree to conduct a transaction by electronic means is determined from the context and surrounding circumstances, including the parties' conduct. Except for a separate and optional agreement, the primary purpose of which is to authorize a transaction to be conducted by electronic means, an agreement to conduct a transaction electronically shall not be contained in a standard form contract that is not an electronic record. An agreement in such a standard form contract shall not be conditioned upon an agreement to conduct transactions electronically. An agreement to conduct a transaction electronically cannot be inferred solely from the fact that a party has used electronic means to pay an account or register a purchase or warranty. This subsection shall not be varied by agreement.
(c) A party that agrees to conduct a transaction by electronic means may refuse to conduct other transactions by electronic means. If a seller sells goods or services by both electronic and nonelectronic means and a buyer purchases the goods or services by conducting the transaction electronically, the buyer may refuse to conduct further transactions regarding the goods and services electronically. The right granted by this subsection may not be waived by agreement.
(d) Except as otherwise provided in this chapter, the effect of any of its provisions may be varied by agreement. The presence in certain provisions of this chapter of the words "unless otherwise agreed", or words of similar import, shall not imply that the effect of other provisions may not be varied by agreement.
(e) Whether an electronic record or electronic signature has legal consequences is determined by this chapter and other applicable law. [L 2000, c 282, pt of §1]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 489E. Uniform Electronic Transactions Act › 489E-6 Construction and application.

§489E-6 Construction and application.
This chapter shall be construed and applied:
(1) To facilitate electronic transactions consistent with other applicable law;
(2) To be consistent with reasonable practices concerning electronic transactions and with the continued expansion of those practices; and
(3) To effectuate its general purpose to make uniform the law with respect to the subject of this chapter among states enacting it. [L 2000, c 282, pt of §1]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 489E. Uniform Electronic Transactions Act › 489E-7 Legal recognition of electronic records, electronic signatures, and electronic contracts.

§489E-7 Legal recognition of electronic records, electronic signatures, and electronic contracts.
(a) A record or signature shall not be denied legal effect or enforceability solely because it is in electronic form.
(b) A contract shall not be denied legal effect or enforceability solely because an electronic record was used in its formation.
(c) If a law requires a record to be in writing, an electronic record satisfies the law.
(d) If a law requires a signature, an electronic signature satisfies the law. [L 2000, c 282, pt of §1]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 489E. Uniform Electronic Transactions Act › 489E-8 Provision of information in writing; presentation of records.

§489E-8 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 the sender's 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 to: be posted or displayed in a certain manner; be sent, communicated, or transmitted by a specified method; or contain information that is formatted in a certain manner, the following rules shall apply:
(1) The record shall be posted or displayed in the manner specified in the other law;
(2) Except as otherwise provided in subsection (d)(2), the record shall be sent, communicated, or transmitted by the method specified in the other law; and
(3) The record shall 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 shall not be enforceable against the recipient.
(d) The requirements of this section shall 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, may be varied by agreement to the extent permitted by the other law. [L 2000, c 282, pt of §1]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 489E. Uniform Electronic Transactions Act › 489E-9 Attribution and effect of electronic record and electronic signature.

§489E-9 Attribution and effect of electronic record and electronic signature.
(a) An electronic record or electronic signature is attributable to a person if it was the act of the person. The act of the person may be shown in any manner, including a showing of the efficacy of any security procedure applied to determine the person to which the electronic record or electronic signature was attributable.
(b) The effect of an electronic record or electronic signature attributed to a person under subsection (a) is determined from the context and surrounding circumstances at the time of its creation, execution, or adoption, including the parties' agreement, if any, and otherwise as provided by law. [L 2000, c 282, pt of §1]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 489E. Uniform Electronic Transactions Act › 489E-10 Effect of change or error.

§489E-10 Effect of change or error.
If a change or error in an electronic record occurs in a transmission between parties to a transaction, the following rules shall apply:
(1) If the parties have agreed to use a security procedure to detect changes or errors and one party has conformed to the procedure, but the other party has not, and the nonconforming party would have detected the change or error had that party also conformed, the conforming party may elect to avoid the effect of the changed or erroneous electronic record;
(2) In an automated transaction involving an individual, the individual may elect to avoid the effect of an electronic record that resulted from an error made by the individual in dealing with the electronic agent of another person if the electronic agent did not provide an opportunity for the prevention or correction of the error and, at the time the individual learns of the error, the individual:
(A) Promptly notifies the other person of the error and that the individual did not intend to be bound by the electronic record received by the other person;
(B) Takes reasonable steps, including steps that conform to the other person's reasonable instructions, to return to the other person or, if instructed by the other person, to destroy the consideration received, if any, as a result of the erroneous electronic record; and
(C) Has not used or received any benefit or value from the consideration, if any, received from the other person;
(3) If neither paragraph (1) nor paragraph (2) applies, the change or error has the effect provided by other law, including the law of mistake, and the parties' contract, if any; and
(4) Paragraphs (2) and (3) shall not be varied by agreement. [L 2000, c 282, pt of §1]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 489E. Uniform Electronic Transactions Act › 489E-11 Notarization, certification, acknowledgment, and verification.

§489E-11 Notarization, certification, acknowledgment, and verification.
If a law requires a signature or record to be notarized, certified, acknowledged, verified, or made under oath or seal, the requirement is satisfied if the electronic signature or seal of the person authorized to perform those acts, together with all other information required to be included by other applicable law, is attached to or logically associated with the signature or record. [L 2000, c 282, pt of §1; am L 2002, c 62, §1]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 489E. Uniform Electronic Transactions Act › 489E-12 Retention of electronic records; originals.

§489E-12 Retention of electronic records; originals.
(a) If a law requires that a record be retained, the requirement is satisfied by retaining an electronic record of the information in the record that:
(1) Accurately reflects the information set forth in the record after it was first generated in its final form as an electronic record or otherwise; and
(2) Remains accessible for later reference.
(b) A requirement to retain a record in accordance with subsection (a) shall not apply to any information the sole purpose of which is to enable the record to be sent, communicated, or received.
(c) A person may satisfy subsection (a) by using the services of another person if the requirements of that subsection are satisfied.
(d) If a law requires a record to be presented or retained in its original form, or provides consequences if the record is not presented or retained in its original form, that law is satisfied by an electronic record retained in accordance with subsection (a).
(e) If a law requires retention of a check, that requirement is satisfied by retention of an electronic record of the information on the front and back of the check in accordance with subsection (a).
(f) A record retained as an electronic record in accordance with subsection (a) satisfies a law requiring a person to retain a record for evidentiary, audit, or like purposes, unless a law enacted after June 28, 2000 specifically prohibits the use of an electronic record for the specified purpose.
(g) This section does not preclude a governmental agency of this State from specifying additional requirements for the retention of a record subject to the agency's jurisdiction. [L 2000, c 282, pt of §1]
Revision Note
"June 28, 2000" substituted for "the effective date of this chapter".
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 489E. Uniform Electronic Transactions Act › 489E-14 Automated transaction.

§489E-14 Automated transaction.
In an automated transaction, the following rules shall apply:
(1) A contract may be formed by the interaction of electronic agents of the parties, even if no individual was aware of or reviewed the electronic agents' actions or the resulting terms and agreements;
(2) A contract may be formed by the interaction of an electronic agent and an individual, acting on the individual's own behalf or for another person, including by an interaction in which the individual performs actions that the individual is free to refuse to perform and which the individual knows or has reason to know will cause the electronic agent to complete the transaction or performance; and
(3) The terms of the contract are determined by the substantive law applicable to it. [L 2000, c 282, pt of §1]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 489E. Uniform Electronic Transactions Act › 489E-17 Creation and retention of electronic records and conversion of written records by governmental agencies.

§489E-17 Creation and retention of electronic records and conversion of written records by governmental agencies.
Each governmental agency of this State shall determine whether, and the extent to which, it will create and retain electronic records and convert written records to electronic records. [L 2000, c 282, pt of §1]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 489E. Uniform Electronic Transactions Act › 489E-18 Acceptance and distribution of electronic records by governmental agencies.

§489E-18 Acceptance and distribution of electronic records by governmental agencies.
(a) Except as otherwise provided in section 489E-12(f), each governmental agency of this State shall determine whether, and the extent to which, it will send and accept electronic records and electronic signatures to and from other persons and otherwise create, generate, communicate, store, process, use, and rely upon electronic records and electronic signatures.
(b) To the extent that a governmental agency uses electronic records and electronic signatures under subsection (a), the governmental agency, giving due consideration to security, may specify:
(1) The manner and format in which the electronic records shall be created, generated, sent, communicated, received, and stored and the systems established for those purposes;
(2) If electronic records must be signed by electronic means, the type of electronic signature required, the manner and format in which the electronic signature shall be affixed to the electronic record, and the identity of, or criteria that shall be met by, any third party used by a person filing a document to facilitate the process;
(3) Control processes and procedures as appropriate to ensure adequate preservation, disposition, integrity, security, confidentiality, and auditability of electronic records; and
(4) Any other required attributes for electronic records which are specified for corresponding nonelectronic records or reasonably necessary under the circumstances.
(c) Except as otherwise provided in section 489E-12(f), this chapter does not require a governmental agency of this State to use or permit the use of electronic records or electronic signatures. [L 2000, c 282, pt of §1]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 489E. Uniform Electronic Transactions Act › 489E-19 Interoperability.

§489E-19 Interoperability.
An agency of this State which adopts standards pursuant to section 489E-18 may encourage and promote consistency and interoperability with similar requirements adopted by other agencies of this and other states and the federal government and nongovernmental persons interacting with governmental agencies of this State. If appropriate, those standards may specify differing levels of standards from which governmental agencies of this State may choose in implementing the most appropriate standard for a particular application. [L 2000, c 282, pt of §1]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 489J. Miscellaneous Business Provisions › 489J-1 Automated teller machine fees.

§489J-1 Automated teller machine fees.
An owner or operator of an automated teller machine may assess a transaction fee on any person for use of that machine who uses a card or other access device for an account that is located within or without the United States.
Agreements to operate or share an automated teller machine may not prohibit, limit, or restrict the right of the owner or operator of the automated teller machine to charge a person a transaction fee. [L 2008, c 4, §3]
Cross References
See also §412:14-100.
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 489M. International Trade Agreements › 489M-1 Definitions.

§489M-1 Definitions.
As used in this chapter:
"International trade agreement" means a trade agreement or memorandum of agreement between the United States government and a foreign nation, whether bilateral, multilateral, global, or regional, to which the State, at the request of the United States government, is a covered procuring entity; provided the term shall not include a trade agreement or memoranda of agreement:
(1) Between the State and a foreign nation or its sub-national entity to which the United States government is not a party; or
(2) Between a county and a foreign nation or its sub-national entity to which the United States government is not a party.
"Procurement" means any provision of chapter 103D. [L Sp 2007, c 1, pt of §2]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 489M. International Trade Agreements › 489M-2 International procurement rules, legislative action.

§489M-2 International procurement rules, legislative action.
(a) Any international trade agreement entered into by the President of the United States that contains provisions relating in any manner to procurement by the states shall not be valid as to those procurement provisions as it applies to this State, unless the legislature by a simple majority vote on a concurrent resolution approves of those procurement provisions. The legislature shall consider, among other things, the effect of an international trade agreement upon procurement preferences and upon the possibility of foreign governments ceasing to do business with the State.
(b) When the federal government notifies the State of an impending international trade agreement and seeks the State's approval when the legislature is not in session, the governor shall notify the president of the senate and the speaker of the house of representatives. The legislature may consider approval of the procurement provisions during a special session convened as provided in article III, section 10, of the Hawaii state constitution. The governor may not approve a trade agreement without legislative approval of its procurement provisions by a simple majority vote on a concurrent resolution. [L Sp 2007, c 1, pt of §2]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 489M. International Trade Agreements › 489M-3 Federal law; conferral of authority.

§489M-3 Federal law; conferral of authority.
This chapter is not intended to preclude state officials from entering into international trade agreements when federal law confers the authority on state officials to do so, subject to section 489M-2. [L Sp 2007, c 1, pt of §2]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 489M. International Trade Agreements › 489M-4 Prior agreements.

§489M-4 Prior agreements.
Any international trade agreement entered into by the President of the United States, which contains provisions relating in any manner to procurement by the states to which the governor has agreed prior to July 10, 2007, shall remain valid. [L Sp 2007, c 1, pt of §2]
Revision Note
"July 10, 2007" substituted for "the effective date of this Act".
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 489N. International Matchmaking Organizations › 489N-1 Definitions.

§489N-1 Definitions.
As used in this chapter:
"Hawaii resident" includes aliens lawfully admitted for permanent residence and residing in Hawaii.
"International matchmaking organization" means a corporation, partnership, or other legal entity, whether or not organized under the laws of the United States or any state, that does business in the United States and for profit offers to residents of this State, dating, matrimonial, or social referral services involving citizens of a foreign country or countries who are not residing in the United States, by:
(1) An exchange of names, telephone numbers, addresses, or statistics;
(2) Selection of photographs; or
(3) A social environment provided by the organization in a country other than the United States.
"Marital history information" means a declaration of a Hawaii resident's current marital status, the number of times the Hawaii resident has previously been married, the number of domestic abuse orders of protection issued against the Hawaii resident, and whether any previous marriages by the Hawaii resident occurred as a result of receiving services from an international matchmaking organization.
"Recruit" means a noncitizen, nonresident person, recruited by an international matchmaking organization for the purpose of providing dating, matrimonial, or social referral services. [L 2003, c 149, pt of §1; am L 2006, c 74, §1]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 489N. International Matchmaking Organizations › 489N-2 Dissemination of criminal record and marital history information.

§489N-2 Dissemination of criminal record and marital history information.
(a) Each international matchmaking organization doing business in this State shall:
(1) Notify all recruits that criminal history record information and marital history information is available upon request;
(2) Provide the notice required by paragraph (1) in the recruit's native language and display it in a manner that separates it from other information, is conspicuous, and in lettering not less than one-quarter of an inch high;
(3) Upon request, disseminate to a recruit in the recruit's native language all criminal conviction information and marital history information in the possession of the international matchmaking organization relating to a Hawaii resident about whom any information is provided to the recruit;
(4) Require a Hawaii resident requesting the services of an international matchmaking organization to submit or authorize the international matchmaking organization access to the resident's complete criminal history and marital history information; and
(5) Submit an annual report on its business activities to the department of commerce and consumer affairs.
(b) Upon receipt of a request for criminal conviction or marital history information from a recruit, an international matchmaking organization shall refrain from providing any further services to the recruit or the Hawaii resident with regard to facilitating future interaction between the recruit and the Hawaii resident until the Hawaii resident has submitted to the organization:
(1) The complete transcript of any criminal history record of the Hawaii resident or a statement that there is no record of convictions; provided that these are obtained from the Hawaii criminal justice data center based on a submission of fingerprint impressions and sent directly to the organization by the Hawaii criminal justice data center; and
(2) The Hawaii resident's marital history information, accompanied by an affirmation by the Hawaii resident that any marital history information provided is complete and accurate and includes information regarding the Hawaii resident's marriages, annulments, dissolutions, and the number of domestic abuse orders of protection issued against the Hawaii resident that occurred in this State or in any other state or country. [L 2003, c 149, pt of §1; am L 2006, c 74, §2]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 489N. International Matchmaking Organizations › 489N-3 Jurisdiction.

§489N-3 Jurisdiction.
(a) An international matchmaking organization shall be deemed to be doing business in Hawaii if it contracts for matchmaking services with a Hawaii resident or is considered to be doing business under any other law of this State.
(b) Notwithstanding any other law to the contrary, Hawaii residents using the services of an international matchmaking organization shall be subject to the laws of this State. [L 2003, c 149, pt of §1; am L 2006, c 74, §3]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 489N. International Matchmaking Organizations › 489N-4 Penalties.

§489N-4 Penalties.
(a) Any person who violates this chapter shall be deemed to have engaged in an unfair or deceptive act or practice in the conduct of any trade or commerce within the meaning of section 480-2(a).
(b) A wilful violation of this chapter shall be punishable by a fine of up to $500 and up to thirty days imprisonment. [L 2003, c 149, pt of §1]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 489N. International Matchmaking Organizations › 489N-5 Other relief available.

§489N-5 Other relief available.
The penalties provided in this chapter are in addition to penalties and remedies otherwise available against the same conduct under the common law or other state or federal statutes or rules. [L 2003, c 149, pt of §1]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 489P. Consumer Credit Reporting Agencies › 489P-1 Purpose.

§489P-1 Purpose.
The Federal Trade Commission determined that between October 1998 and September 2003, more than twenty-seven million three hundred Americans were victims of identity theft, resulting in billions of dollars of losses to consumers. The purpose of this chapter is to protect Hawaii consumers by allowing consumers to place a security freeze on their credit reports. This security freeze will prohibit a consumer reporting agency from releasing any information to unauthorized parties without the consumer's express authorization and provide consumers more control over who has access to their credit report. This chapter aims to effectively prevent identity thieves from continuing to secure credit in someone else's name. [L 2006, c 138, pt of §1; am L 2018, c 22, §2]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 489P. Consumer Credit Reporting Agencies › 489P-2 Definitions.

§489P-2 Definitions.
When used in this chapter, unless the context otherwise requires:
"Consumer credit reporting agency" or "consumer reporting agency" means any person who, for monetary fees or dues or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing credit reports to third parties, but does not include any governmental agency whose records are maintained primarily for law enforcement or licensing purposes.
"Credit report" means any written, oral, or other communication of any credit information by a consumer reporting agency, as defined in the federal Fair Credit Reporting Act, which operates or maintains a database of consumer credit information bearing on a consumer's credit worthiness, credit standing, or credit capacity.
"Security freeze" means a notice placed in a credit report at the request of the consumer or the protected consumer's representative. [L 2006, c 138, pt of §1; am L 2018, c 22, §3]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 489P. Consumer Credit Reporting Agencies › 489P-4 Consumer reporting agency duties if security freeze in place.

§489P-4 Consumer reporting agency duties if security freeze in place.
If a security freeze is in place, a consumer reporting agency shall not change any of the following official information in a credit report without sending a written confirmation of the change to the consumer within thirty days of the change being posted to the consumer's file: name, date of birth, social security number, and address. Written confirmation shall not be required for technical modifications of a consumer's official information, including name and street abbreviations, complete spellings, or transposition of numbers or letters. In the case of an address change, the written confirmation shall be sent to both the new address and the former address. [L 2006, c 138, pt of §1]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 489P. Consumer Credit Reporting Agencies › 489P-5 Persons not required to place security freeze.

§489P-5 Persons not required to place security freeze.
The requirement under this chapter to place a security freeze on a credit report shall not apply to:
(1) A check services or fraud prevention services company that reports on incidents of fraud or issues authorizations for the purpose of approving or processing negotiable instruments, electronic fund transfers, or similar methods of payment;
(2) A deposit account information service company that issues reports regarding account closures due to fraud, substantial overdrafts, ATM abuse, or similar negative information regarding a consumer to inquiring banks or other financial institutions for use only in reviewing a consumer request for a deposit account at the inquiring bank or financial institution;
(3) A consumer reporting agency that:
(A) Acts only to resell credit information by assembling and merging information contained in a database of one or more consumer reporting agencies; and
(B) Does not maintain a permanent database of credit information from which new credit reports are produced. [L 2006, c 138, pt of §1]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 489P. Consumer Credit Reporting Agencies › 489P-6 Violation, penalties.

§489P-6 Violation, penalties.
(a) A person who violates any provision of this chapter shall be subject to penalties of not more than $2,500 for each violation. The attorney general or the executive director of the office of consumer protection may bring an action pursuant to this section.
(b) In addition to any penalty provided for in subsection (a), any person who violates any provision of this chapter shall be liable to the injured party in an amount equal to the sum of any actual damages sustained by the injured party as a result of the violation. The court in any action brought under this section may award reasonable attorneys' fees to the prevailing party.
(c) The penalties provided in this section shall be cumulative to the remedies or penalties available under all other laws of the State. [L 2006, c 138, pt of §1]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 489X. Adult Products › 489X-1 Sale of adult entertainment products; view.

§489X-1 Sale of adult entertainment products; view.
(a) Any person or business selling adult entertainment products on premises open to the general public shall:
(1) Obscure the adult entertainment products from view from any location off the premises;
(2) Segregate the adult entertainment products from other products sold on the premises, if any; and
(3) Obscure the adult entertainment products from view from any location on the premises where other products are sold by use of a curtain, screen, or other device.
(b) For the purposes of this section:
"Adult entertainment product" means any merchandise that is pornographic as defined in section 712-1210.
"Premises" means any building, structure, or place, or any separate part or portion thereof.
(c) Any person who violates this section shall be fined $100 for each violation. [L 2006, c 32, §1]
2023 Hawaii Revised Statutes › Title 27. Uniform Commercial Code › 490. Uniform Commercial Code › 490:1-101 to 490:1-208 REPEALED. §490:1-101 Short title.

§ §490:1-101 to 490:1-208 REPEALED.
L 2004, c 162, §18.
ARTICLE 1.
GENERAL PROVISIONS
PART 1. GENERAL PROVISIONS
§490:1-101 Short title.
(a) This chapter may be cited as the Uniform Commercial Code.
(b) This article may be cited as Uniform Commercial Code--General Provisions. [L 2004, c 162, pt of §1]
2023 Hawaii Revised Statutes › Title 27. Uniform Commercial Code › 490. Uniform Commercial Code › 490:1-103 Construction of chapter to promote its purposes and policies; applicability of supplemental principles of law.

§490:1-103 Construction of chapter to promote its purposes and policies; applicability of supplemental principles of law.
(a) This chapter shall be liberally construed and applied to promote its underlying purposes and policies, which are:
(1) To simplify, clarify, and modernize the law governing commercial transactions;
(2) To permit the continued expansion of commercial practices through custom, usage, and agreement of the parties; and
(3) To make uniform the law among the various jurisdictions.
(b) Unless displaced by the particular provisions of this chapter, the principles of law and equity, including the law merchant and the law relative to capacity to contract, principal and agent, estoppel, fraud, misrepresentation, duress, coercion, mistake, bankruptcy, and other validating or invalidating cause shall supplement its provisions. [L 2004, c 162, pt of §1]
2023 Hawaii Revised Statutes › Title 27. Uniform Commercial Code › 490. Uniform Commercial Code › 490:1-104 Construction against implied repeal.

§490:1-104 Construction against implied repeal.
This chapter being a general act intended as a unified coverage of its subject matter, no part of it shall be deemed to be impliedly repealed by subsequent legislation if such construction can reasonably be avoided. [L 2004, c 162, pt of §1]
2023 Hawaii Revised Statutes › Title 27. Uniform Commercial Code › 490. Uniform Commercial Code › 490:1-105 Severability.

§490:1-105 Severability.
If any provision or clause of this chapter or its application to any person or circumstances is held invalid, the invalidity does not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are declared to be severable. [L 2004, c 162, pt of §1]
2023 Hawaii Revised Statutes › Title 27. Uniform Commercial Code › 490. Uniform Commercial Code › 490:1-106 Use of singular and plural; gender.

§490:1-106 Use of singular and plural; gender.
In this chapter, unless the statutory context otherwise requires:
(1) Words in the singular number include the plural, and those in the plural include the singular; and
(2) Words of any gender also refer to any other gender. [L 2004, c 162, pt of §1]
2023 Hawaii Revised Statutes › Title 27. Uniform Commercial Code › 490. Uniform Commercial Code › 490:1-108 Relation to Electronic Signatures in Global and National Commerce Act.

§490:1-108 Relation to Electronic Signatures in Global and National Commerce Act.
This article modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act, Title 15 United States Code section 7001 et seq., except that nothing in this article modifies, limits, or supersedes section 7001(c) of that Act or authorizes electronic delivery of any of the notices described in section 7003(b) of that Act. [L 2004, c 162, pt of §1]
2023 Hawaii Revised Statutes › Title 27. Uniform Commercial Code › 490. Uniform Commercial Code › 490:1-202 Notice; knowledge.

§490:1-202 Notice; knowledge.
(a) Subject to subsection (f), a person has "notice" of a fact if the person:
(1) Has actual knowledge of it;
(2) Has received a notice or notification of it; or
(3) From all the facts and circumstances known to the person at the time in question, has reason to know that it exists.
(b) "Knowledge" means actual knowledge. "Knows" has a corresponding meaning.
(c) "Discover", "learn", or words of similar import refer to knowledge rather than to reason to know.
(d) A person "notifies" or "gives" a notice or notification to another by taking steps reasonably required to inform the other in ordinary course, whether or not the other person actually comes to know of it.
(e) Subject to subsection (f), a person "receives" a notice or notification when:
(1) It comes to that person's attention; or
(2) It is duly delivered in a form reasonable under the circumstances at the place of business through which the contract was made or at another location held out by that person as the place for receipt of such communications.
(f) Notice, knowledge, or a notice or notification received by an organization is effective for a particular transaction from the time it is brought to the attention of the individual conducting that transaction and from the time it would have been brought to the individual's attention if the organization had exercised due diligence. An organization exercises due diligence if it maintains reasonable routines for communicating significant information to the person conducting the transaction and there is reasonable compliance with the routines. Due diligence does not require an individual acting for the organization to communicate information unless the communication is part of the individual's regular duties or the individual has reason to know of the transaction and that the transaction would be materially affected by the information. [L 2004, c 162, pt of §1]
2023 Hawaii Revised Statutes › Title 27. Uniform Commercial Code › 490. Uniform Commercial Code › 490:1-204 Value.

§490:1-204 Value.
Except as otherwise provided in articles 3, 4, 5, and 12, a person gives value for rights if the person acquires them:
(1) In return for a binding commitment to extend credit or for the extension of immediately available credit, whether or not drawn upon and whether or not a charge-back is provided for in the event of difficulties in collection;
(2) As security for, or in total or partial satisfaction of, a preexisting claim;
(3) By accepting delivery under a preexisting contract for purchase; or
(4) In return for any consideration sufficient to support a simple contract. [L 2004, c 162, pt of §1; am L 2023, c 132, §3]
2023 Hawaii Revised Statutes › Title 27. Uniform Commercial Code › 490. Uniform Commercial Code › 490:1-205 Reasonable time; seasonableness.

§490:1-205 Reasonable time; seasonableness.
(a) Whether a time for taking an action required by this chapter is reasonable depends on the nature, purpose, and circumstances of the action.
(b) An action is taken seasonably if it is taken at or within the time agreed or, if no time is agreed, at or within a reasonable time. [L 2004, c 162, pt of §1]
2023 Hawaii Revised Statutes › Title 27. Uniform Commercial Code › 490. Uniform Commercial Code › 490:1-206 Presumptions.

§490:1-206 Presumptions.
Whenever this chapter creates a "presumption" with respect to a fact, or provides that a fact is "presumed", the trier of fact shall find the existence of the fact unless evidence is introduced that supports a finding of its nonexistence. [L 2004, c 162, pt of §1]
2023 Hawaii Revised Statutes › Title 27. Uniform Commercial Code › 490. Uniform Commercial Code › 490:1-301 Territorial applicability; parties' power to choose applicable law.

§490:1-301 Territorial applicability; parties' power to choose applicable law.
(a) Except as otherwise provided in this section, when a transaction bears a reasonable relation to this State and also to another state or nation, the parties may agree that the law either of this State or of such other state or nation shall govern their rights and duties.
(b) In the absence of an agreement effective under subsection (a), and except as provided in subsection (c), the Uniform Commercial Code applies to transactions bearing an appropriate relation to this State.
(c) If one of the following provisions of the Uniform Commercial Code specifies the applicable law, that provision shall govern and a contrary agreement shall be effective only to the extent permitted by the law so specified:
(1) Section 490:2-402;
(2) Sections 490:2A-105 and 490:2A-106;
(3) Section 490:4-102;
(4) Section 490:4A-507;
(5) Section 490:5-116;
(6) Section 490:8-110;
(7) Sections 490:9-301 through 490:9-307; and
(8) Section 490:12-107. [L 2004, c 162, pt of §1; am L 2023, c 132, §4]
2023 Hawaii Revised Statutes › Title 27. Uniform Commercial Code › 490. Uniform Commercial Code › 490:1-302 Variation by agreement.

§490:1-302 Variation by agreement.
(a) Except as otherwise provided in subsection (b) or elsewhere in this chapter, the effect of provisions of this chapter may be varied by agreement.
(b) The obligations of good faith, diligence, reasonableness, and care prescribed by this chapter may not be disclaimed by agreement. The parties, by agreement, may determine the standards by which the performance of those obligations is to be measured if those standards are not manifestly unreasonable. Whenever this chapter requires an action to be taken within a reasonable time, a time that is not manifestly unreasonable may be fixed by agreement.
(c) The presence in certain provisions of this chapter of the phrase "unless otherwise agreed", or words of similar import, does not imply that the effect of other provisions may not be varied by agreement under this section. [L 2004, c 162, pt of §1]
2023 Hawaii Revised Statutes › Title 27. Uniform Commercial Code › 490. Uniform Commercial Code › 490:1-303 Course of performance, course of dealing, and usage of trade.

§490:1-303 Course of performance, course of dealing, and usage of trade.
(a) A "course of performance" is a sequence of conduct between the parties to a particular transaction that exists if:
(1) The agreement of the parties with respect to the transaction involves repeated occasions for performance by a party; and
(2) The other party, with knowledge of the nature of the performance and opportunity for objection to it, accepts the performance or acquiesces in it without objection.
(b) A "course of dealing" is a sequence of conduct concerning previous transactions between the parties to a particular transaction that is fairly to be regarded as establishing a common basis of understanding for interpreting their expressions and other conduct.
(c) A "usage of trade" is any practice or method of dealing having such regularity of observance in a place, vocation, or trade as to justify an expectation that it will be observed with respect to the transaction in question. The existence and scope of a usage of trade shall be proved as facts. If it is established that the usage is embodied in a trade code or similar record, the interpretation of the record is a question of law.
(d) A course of performance or course of dealing between the parties or usage of trade in the vocation or trade in which they are engaged or of which they are or should be aware is relevant in ascertaining the meaning of the parties' agreement, may give particular meaning to specific terms of the agreement, and may supplement or qualify the terms of the agreement. A usage of trade applicable in the place in which part of the performance under the agreement is to occur may be so utilized as to that part of the performance.
(e) Except as otherwise provided in subsection (f), the express terms of an agreement and any applicable course of performance, course of dealing, or usage of trade shall be construed whenever reasonable as consistent with each other. If such a construction is unreasonable:
(1) Express terms prevail over course of performance, course of dealing, and usage of trade;
(2) Course of performance prevails over course of dealing and usage of trade; and
(3) Course of dealing prevails over usage of trade.
(f) Subject to section 490:2-209, a course of performance is relevant to show a waiver or modification of any term inconsistent with the course of performance.
(g) Evidence of a relevant usage of trade offered by one party is not admissible unless that party has given the other party notice that the court finds sufficient to prevent unfair surprise to the other party. [L 2004, c 162, pt of §1]
2023 Hawaii Revised Statutes › Title 27. Uniform Commercial Code › 490. Uniform Commercial Code › 490:1-304 Obligation of good faith.

§490:1-304 Obligation of good faith.
Every contract or duty within this chapter imposes an obligation of good faith in its performance and enforcement. [L 2004, c 162, pt of §1]
Case Notes
Where the court predicted that the Hawaii supreme court would interpret §490:1-203 (and this section, its successor) to preclude an independent cause of action for failure to perform or enforce a warranty in good faith, plaintiff's claim for breach of the implied covenant of good faith and fair dealing dismissed. 459 F. Supp. 2d 1028.
2023 Hawaii Revised Statutes › Title 27. Uniform Commercial Code › 490. Uniform Commercial Code › 490:1-305 Remedies to be liberally administered.

§490:1-305 Remedies to be liberally administered.
(a) The remedies provided by this chapter shall be liberally administered so that the aggrieved party is put in as good a position as if the other party had fully performed but neither consequential or special damages nor penal damages may be had except as specifically provided in this chapter or by other rule of law.
(b) Any right or obligation declared by this chapter is enforceable by action unless the provision declaring it specifies a different and limited effect. [L 2004, c 162, pt of §1]
2023 Hawaii Revised Statutes › Title 27. Uniform Commercial Code › 490. Uniform Commercial Code › 490:1-306 Waiver or renunciation of claim or right after breach.

§490:1-306 Waiver or renunciation of claim or right after breach.
A claim or right arising out of an alleged breach may be discharged in whole or in part without consideration by agreement of the aggrieved party in a signed record. [L 2004, c 162, pt of §1; am L 2023, c 132, §5]
2023 Hawaii Revised Statutes › Title 27. Uniform Commercial Code › 490. Uniform Commercial Code › 490:1-307 Prima facie evidence by third-party documents.

§490:1-307 Prima facie evidence by third-party documents.
A document in due form purporting to be a bill of lading, policy or certificate of insurance, official weigher's or inspector's certificate, consular invoice, or any other document authorized or required by the contract to be issued by a third party is prima facie evidence of its own authenticity and genuineness and of the facts stated in the document by the third party. [L 2004, c 162, pt of §1]
2023 Hawaii Revised Statutes › Title 27. Uniform Commercial Code › 490. Uniform Commercial Code › 490:1-308 Performance or acceptance under reservation of rights.

§490:1-308 Performance or acceptance under reservation of rights.
(a) A party that with explicit reservation of rights performs or promises performance or assents to performance in a manner demanded or offered by the other party does not thereby prejudice the rights reserved. Such words as "without prejudice", "under protest", or the like are sufficient.
(b) Subsection (a) does not apply to an accord and satisfaction. [L 2004, c 162, pt of §1]
2023 Hawaii Revised Statutes › Title 27. Uniform Commercial Code › 490. Uniform Commercial Code › 490:1-309 Option to accelerate at will.

§490:1-309 Option to accelerate at will.
A term providing that one party or that party's successor in interest may accelerate payment or performance or require collateral or additional collateral "at will" or when the party "deems itself insecure", or words of similar import, means that the party has power to do so only if that party in good faith believes that the prospect of payment or performance is impaired. The burden of establishing lack of good faith is on the party against which the power has been exercised. [L 2004, c 162, pt of §1]
2023 Hawaii Revised Statutes › Title 27. Uniform Commercial Code › 490. Uniform Commercial Code › 490:1-310 Subordinated obligations.

§490:1-310 Subordinated obligations.
An obligation may be issued as subordinated to performance of another obligation of the person obligated, or a creditor may subordinate its right to performance of an obligation by agreement with either the person obligated or another creditor of the person obligated. Subordination does not create a security interest as against either the common debtor or a subordinated creditor. [L 2004, c 162, pt of §1]
2023 Hawaii Revised Statutes › Title 27. Uniform Commercial Code › 490. Uniform Commercial Code › 490:2-101 Short title.

Law Journals and Reviews
Contracts and Commercial Law. 2 UH L. Rev. 247.
PART 1. SHORT TITLE, GENERAL CONSTRUCTION AND SUBJECT MATTER
§490:2-101 Short title.
This article shall be known and may be cited as Uniform Commercial Code--Sales. [L 1965, c 208, §2-101; HRS §490:2-101]