N.D. Cent. Code § 41-02-03

(37) The electronic contracting provisions, including the definitions of “electronic,” “electronic agent,” “electronic record,” and “record” are based on the provisions of the Uniform Electronic Transactions Act and are consistent with the federal Electronic Signatures in Global and National Commerce Act (15 U.S.C. § 7001 et seq.).

(38) The term “foreign exchange transaction” is used in the definition of goods in Section 2-103(1)(k). That definition excludes “the subject matter of foreign exchange transactions.”

(39) The definition of “goods” in this article has been amended to exclude information not associated with goods. Thus, this article does not directly apply to an electronic transfer of information, such as the transaction involved in Specht v. Netscape, 150 F. Supp. 2d 585 (S.D.N.Y. 2001), aff’d, 306 F.3d 17 (2d. Cir. 2002). However, transactions often include both goods and information: some are transactions in goods as that term is used in Section 2-102, and some are not. For example, the sale of “smart goods” such as an automobile is a transaction in goods fully within this article even though the automobile contains many computer programs. On the other hand, an architect’s provision of architectural plans on a computer disk would not be a transaction in goods. When a transaction includes both the sale of goods and the transfer of rights in information, it is up to the courts to determine whether the transaction is entirely within or outside of this article, or whether or to what extent this article should be applied to a portion of the transaction. While this article may apply to a transaction including information, nothing in this Article alters, creates, or diminishes intellectual property rights.

(40) Section 1-202(e) provides rules for determining whether a notice or notification has been received. This Article by contrast defines “receipt of goods” to mean the taking of physical possession of the goods.

(41) A “remedial promise” is a promise by the seller to take a certain remedial action upon the happening of a specified event. The types of remedies contemplated by this term as used in this Article are specified in the definition - repair or replacement of the goods, or refund of all or part of the price. No other promise by a seller qualifies as a remedial promise. Furthermore, the seller is entitled to specify precisely the event that will precipitate the obligation. Typical examples include a commitment to repair any parts of the goods that are defective, or a commitment to refund the purchase price if the goods fail to perform in a certain manner. A post-sale promise to correct a problem with the goods that the seller is not obligated to correct that is made to placate a dissatisfied customer is not within the definition of remedial promise. Whether the promised remedy is exclusive, and if so whether it has failed its essential purpose, is determined under Section 2-719.

(42) The definition of “sign” is broad enough to cover any record that is signed within the meaning of Article 1 or that contains an electronic signature within the meaning of the Uniform Electronic Transactions Act. It is consistent with the federal Electronic Signatures in Global and National Commerce Act (15 U.S.C. § 7001 et seq.).