[§489E-15]  Time and place of sending and
receipt.  (a)  Unless the sender and recipient agree to a different method
of sending that is reasonable under the circumstances, an electronic record is
sent when it:



(1)  Is addressed properly or otherwise directed
properly to an information processing system that the recipient has designated
or uses for the purpose of receiving electronic records or information of the
type sent and from which the recipient is able to retrieve the electronic
record;



(2)  Is in a form capable of being processed by that
system; and



(3)  Enters an information processing system outside
the control of the sender or of a person who sent the electronic record on
behalf of the sender or enters a region of the information processing system
designated or used by the recipient which is under the control of the
recipient.



(b)  Unless the sender and recipient agree to a
different method of receiving that is reasonable under the circumstances, an
electronic record is received when:



(1)  It enters an information processing system that
the recipient has designated or uses for the purpose of receiving electronic
records or information of the type sent and from which the recipient is able to
retrieve the electronic record; and



(2)  It is in a form capable of being processed by
that system.



(c)  Subsection (b) applies even if the place
the information processing system is located is different from the place the
electronic record is deemed to be received under subsection (d).



(d)  Unless otherwise expressly provided in the
electronic record or agreed between the sender and the recipient, an electronic
record is deemed to be sent from the sender's place of business and to be
received at the recipient's place of business.  For purposes of this subsection,
the following rules shall apply:



(1)  If the sender or recipient has more than one
place of business, the place of business of that person is the place having the
closest relationship to the underlying transaction;



(2)  If the sender or the recipient does not have a
place of business, the place of business is the sender's or recipient's
residence, as the case may be; and



(3)  Notwithstanding any other provision of this
chapter, if an individual enters into a transaction for personal, family, or
household purposes that is created or documented by an electronic record, the
transaction shall be deemed to have been made or to have occurred at the
individual's residence.



This subsection is not variable by agreement.



(e)  An electronic record is received under
subsection (b) even if no individual is aware of its receipt.



(f)  Receipt of an electronic acknowledgment
from an information processing system described in subsection (b) establishes
that a record was received but, by itself, does not establish that the content
sent corresponds to the content received.



(g)  If a person is aware that an electronic
record purportedly sent under subsection (a), or purportedly received under
subsection (b), was not actually sent or received, the legal effect of the
sending or receipt is determined by other applicable law.  Except to the extent
permitted by the other law, the requirements of this subsection may not be
varied by agreement.



(h)  Notwithstanding any other section of this
chapter, a record has not been received unless it is received by the intended
recipient in a manner in which it can be opened and read by that recipient.



(i)  If a law other than this chapter requires
that a notice of the right to cancel be provided or sent, an electronic record
may not substitute for a writing under the other law unless, in addition to
satisfying the requirements of the other law and this chapter, the notice of
cancellation may be returned by electronic means.  This subsection may not be
varied by agreement. [L 2000, c 282, pt of §1]