A contract is a contract, even if it was created online or signed electronically. So says the Electronic Signatures in Global and National Commerce Act (E-SIGN), signed by President Clinton this summer.
The landmark legislation gives electronic contracts the same legal status as hard-copy forms and could boost e-commerce efforts in the still-cautious construction equipment and rental worlds, according to industry observers.
But the stamp of legitimacy also creates a new reason for rental companies to be cautious. Owners, managers and sales reps need to be aware that e-mail messages could be interpreted as binding contracts, regardless of the sender's intent.
As a result, all representatives of a company must be certain to convey intentions clearly when communicating or negotiating with customers by e-mail. Careless wording or suggestions, however in- advertent, could lead to an unwanted deal.
Though it remains to be seen how courts will interpret the new law, legal experts say the classic test of "offer, acceptance and consideration" most likely will be applied to determine whether an Internet contract was created. If such factors are present, you might have an offer you can't refuse.
