§ 42-127.1-15 Time and place of sendingand receipt. – (a) Unless otherwise agreed between the sender and the recipient, an electronicrecord is sent when it:
(1) Is addressed properly or otherwise directed properly toan information processing system that the recipient has designated or uses forthe purpose of receiving electronic records or information of the type sent andfrom 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 thecontrol of the sender or of a person that sent the electronic record on behalfof the sender or enters a region of the information processing systemdesignated or used by the recipient, which is under the control of therecipient.
(b) Unless otherwise agreed between a sender and therecipient, an electronic record is received when:
(1) It enters an information processing system that therecipient has designated or uses for the purpose of receiving electronicrecords or information of the type sent and from which the recipient is able toretrieve 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 informationprocessing system is located is different from the place the electronic recordis deemed to be received under subsection (d).
(d) Unless otherwise expressly provided in the electronicrecord or agreed between the sender and the recipient, an electronic record isdeemed to be sent from the sender's place of business and to be received at therecipient's place of business. For purposes of this subsection, the followingrules apply:
(1) If the sender or recipient has more than one place ofbusiness, the place of business of that person is the place having the closestrelationship to the underlying transaction;
(2) If the sender or the recipient does not have a place ofbusiness, the place of business is the sender's or recipient's residence, asthe case may be.
(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 aninformation processing system described in subsection (b) establishes that arecord was received but, by itself, does not establish that the content sentcorresponds to the content received.
(g) If a person is aware that an electronic recordpurportedly sent under subsection (a), or purportedly received under subsection(b), was not actually sent or received, the legal effect of the sending orreceipt is determined by other applicable law. Except to the extent permittedby the other law, the requirements of this subsection may not be varied byagreement.
§ 42-127.1-15 Time and place of sendingand receipt. – (a) Unless otherwise agreed between the sender and the recipient, an electronicrecord is sent when it:
(1) Is addressed properly or otherwise directed properly toan information processing system that the recipient has designated or uses forthe purpose of receiving electronic records or information of the type sent andfrom 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 thecontrol of the sender or of a person that sent the electronic record on behalfof the sender or enters a region of the information processing systemdesignated or used by the recipient, which is under the control of therecipient.
(b) Unless otherwise agreed between a sender and therecipient, an electronic record is received when:
(1) It enters an information processing system that therecipient has designated or uses for the purpose of receiving electronicrecords or information of the type sent and from which the recipient is able toretrieve 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 informationprocessing system is located is different from the place the electronic recordis deemed to be received under subsection (d).
(d) Unless otherwise expressly provided in the electronicrecord or agreed between the sender and the recipient, an electronic record isdeemed to be sent from the sender's place of business and to be received at therecipient's place of business. For purposes of this subsection, the followingrules apply:
(1) If the sender or recipient has more than one place ofbusiness, the place of business of that person is the place having the closestrelationship to the underlying transaction;
(2) If the sender or the recipient does not have a place ofbusiness, the place of business is the sender's or recipient's residence, asthe case may be.
(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 aninformation processing system described in subsection (b) establishes that arecord was received but, by itself, does not establish that the content sentcorresponds to the content received.
(g) If a person is aware that an electronic recordpurportedly sent under subsection (a), or purportedly received under subsection(b), was not actually sent or received, the legal effect of the sending orreceipt is determined by other applicable law. Except to the extent permittedby the other law, the requirements of this subsection may not be varied byagreement.
§ 42-127.1-15 Time and place of sendingand receipt. – (a) Unless otherwise agreed between the sender and the recipient, an electronicrecord is sent when it:
(1) Is addressed properly or otherwise directed properly toan information processing system that the recipient has designated or uses forthe purpose of receiving electronic records or information of the type sent andfrom 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 thecontrol of the sender or of a person that sent the electronic record on behalfof the sender or enters a region of the information processing systemdesignated or used by the recipient, which is under the control of therecipient.
(b) Unless otherwise agreed between a sender and therecipient, an electronic record is received when:
(1) It enters an information processing system that therecipient has designated or uses for the purpose of receiving electronicrecords or information of the type sent and from which the recipient is able toretrieve 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 informationprocessing system is located is different from the place the electronic recordis deemed to be received under subsection (d).
(d) Unless otherwise expressly provided in the electronicrecord or agreed between the sender and the recipient, an electronic record isdeemed to be sent from the sender's place of business and to be received at therecipient's place of business. For purposes of this subsection, the followingrules apply:
(1) If the sender or recipient has more than one place ofbusiness, the place of business of that person is the place having the closestrelationship to the underlying transaction;
(2) If the sender or the recipient does not have a place ofbusiness, the place of business is the sender's or recipient's residence, asthe case may be.
(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 aninformation processing system described in subsection (b) establishes that arecord was received but, by itself, does not establish that the content sentcorresponds to the content received.
(g) If a person is aware that an electronic recordpurportedly sent under subsection (a), or purportedly received under subsection(b), was not actually sent or received, the legal effect of the sending orreceipt is determined by other applicable law. Except to the extent permittedby the other law, the requirements of this subsection may not be varied byagreement.
