(a) Unless otherwiseagreed between a sender and a recipient, which in a consumer transaction mustbe reasonable under the circumstances, an electronic record is sent when it:
(1) Is addressedproperly or otherwise directed properly to an information processing systemthat the recipient has designated or uses for the purpose of receivingelectronic records or information of the type sent and from which the recipientis able to retrieve the electronic record;
(2) Is in a form capableof being processed by that system; and
(3) Enters aninformation processing system outside the control of the sender or of a personthat sent the electronic record on behalf of the sender or enters a region ofthe information processing system designated or used by the recipient which isunder the control of the recipient.
(b) Unless otherwiseagreed between a sender and a recipient, which in a consumer transaction mustbe reasonable under the circumstances, an electronic record is received when:
(1) It enters aninformation processing system that the recipient has designated or uses for thepurpose of receiving electronic records or information of the type sent andfrom which the recipient is able to retrieve the electronic record; and
(2) It is in a formcapable of being processed by that system.
(c) Subsection (b) ofthis section applies even if the place the information processing system islocated is different from the place the electronic record is deemed to bereceived under subsection (d) of this section.
(d) Unless otherwiseexpressly provided in the electronic record or agreed between the sender andthe recipient, an electronic record is deemed to be sent from the sender'splace of business and to be received at the recipient's place of business. Forpurposes of this subsection, the following rules apply:
(1) If the sender orrecipient has more than one place of business, the place of business of thatperson is the place having the closest relationship to the underlying transaction.
(2) If the sender or therecipient does not have a place of business, the place of business is thesender's or recipient's residence, as the case may be.
(e) An electronicrecord is received under subsection (b) of this section even if no individualis aware of its receipt; provided, however, in a consumer transaction, a recordhas not been received unless it is received by the intended recipient in amanner in which the sender has a reasonable basis to believe that the recordcan be opened and read by the recipient.
(f) Receipt of anelectronic acknowledgment from an information processing system described insubsection (b) of this section establishes that a record was received but, byitself, does not establish that the content sent corresponds to the contentreceived.
(g) If a person isaware that an electronic record purportedly sent under subsection (a) of thissection, or purportedly received under subsection (b) of this section, was notactually sent or received, the legal effect of the sending or receipt isdetermined by other applicable law. Except to the extent permitted by the otherlaw, the requirements of this subsection may not be varied by agreement. (2000‑152, s. 1; 2001‑295,s. 4.)
(a) Unless otherwiseagreed between a sender and a recipient, which in a consumer transaction mustbe reasonable under the circumstances, an electronic record is sent when it:
(1) Is addressedproperly or otherwise directed properly to an information processing systemthat the recipient has designated or uses for the purpose of receivingelectronic records or information of the type sent and from which the recipientis able to retrieve the electronic record;
(2) Is in a form capableof being processed by that system; and
(3) Enters aninformation processing system outside the control of the sender or of a personthat sent the electronic record on behalf of the sender or enters a region ofthe information processing system designated or used by the recipient which isunder the control of the recipient.
(b) Unless otherwiseagreed between a sender and a recipient, which in a consumer transaction mustbe reasonable under the circumstances, an electronic record is received when:
(1) It enters aninformation processing system that the recipient has designated or uses for thepurpose of receiving electronic records or information of the type sent andfrom which the recipient is able to retrieve the electronic record; and
(2) It is in a formcapable of being processed by that system.
(c) Subsection (b) ofthis section applies even if the place the information processing system islocated is different from the place the electronic record is deemed to bereceived under subsection (d) of this section.
(d) Unless otherwiseexpressly provided in the electronic record or agreed between the sender andthe recipient, an electronic record is deemed to be sent from the sender'splace of business and to be received at the recipient's place of business. Forpurposes of this subsection, the following rules apply:
(1) If the sender orrecipient has more than one place of business, the place of business of thatperson is the place having the closest relationship to the underlying transaction.
(2) If the sender or therecipient does not have a place of business, the place of business is thesender's or recipient's residence, as the case may be.
(e) An electronicrecord is received under subsection (b) of this section even if no individualis aware of its receipt; provided, however, in a consumer transaction, a recordhas not been received unless it is received by the intended recipient in amanner in which the sender has a reasonable basis to believe that the recordcan be opened and read by the recipient.
(f) Receipt of anelectronic acknowledgment from an information processing system described insubsection (b) of this section establishes that a record was received but, byitself, does not establish that the content sent corresponds to the contentreceived.
(g) If a person isaware that an electronic record purportedly sent under subsection (a) of thissection, or purportedly received under subsection (b) of this section, was notactually sent or received, the legal effect of the sending or receipt isdetermined by other applicable law. Except to the extent permitted by the otherlaw, the requirements of this subsection may not be varied by agreement. (2000‑152, s. 1; 2001‑295,s. 4.)
(a) Unless otherwiseagreed between a sender and a recipient, which in a consumer transaction mustbe reasonable under the circumstances, an electronic record is sent when it:
(1) Is addressedproperly or otherwise directed properly to an information processing systemthat the recipient has designated or uses for the purpose of receivingelectronic records or information of the type sent and from which the recipientis able to retrieve the electronic record;
(2) Is in a form capableof being processed by that system; and
(3) Enters aninformation processing system outside the control of the sender or of a personthat sent the electronic record on behalf of the sender or enters a region ofthe information processing system designated or used by the recipient which isunder the control of the recipient.
(b) Unless otherwiseagreed between a sender and a recipient, which in a consumer transaction mustbe reasonable under the circumstances, an electronic record is received when:
(1) It enters aninformation processing system that the recipient has designated or uses for thepurpose of receiving electronic records or information of the type sent andfrom which the recipient is able to retrieve the electronic record; and
(2) It is in a formcapable of being processed by that system.
(c) Subsection (b) ofthis section applies even if the place the information processing system islocated is different from the place the electronic record is deemed to bereceived under subsection (d) of this section.
(d) Unless otherwiseexpressly provided in the electronic record or agreed between the sender andthe recipient, an electronic record is deemed to be sent from the sender'splace of business and to be received at the recipient's place of business. Forpurposes of this subsection, the following rules apply:
(1) If the sender orrecipient has more than one place of business, the place of business of thatperson is the place having the closest relationship to the underlying transaction.
(2) If the sender or therecipient does not have a place of business, the place of business is thesender's or recipient's residence, as the case may be.
(e) An electronicrecord is received under subsection (b) of this section even if no individualis aware of its receipt; provided, however, in a consumer transaction, a recordhas not been received unless it is received by the intended recipient in amanner in which the sender has a reasonable basis to believe that the recordcan be opened and read by the recipient.
(f) Receipt of anelectronic acknowledgment from an information processing system described insubsection (b) of this section establishes that a record was received but, byitself, does not establish that the content sent corresponds to the contentreceived.
(g) If a person isaware that an electronic record purportedly sent under subsection (a) of thissection, or purportedly received under subsection (b) of this section, was notactually sent or received, the legal effect of the sending or receipt isdetermined by other applicable law. Except to the extent permitted by the otherlaw, the requirements of this subsection may not be varied by agreement. (2000‑152, s. 1; 2001‑295,s. 4.)
