§ 24-71.3-115 — Time and place of sending and receipt

Colorado § 24-71.3-115

• Jurisdiction: Colorado
• Title 24: Government
• Art.: Uniform Electronic Transactions Act

Text

(1) Unless otherwise
agreed between the sender and the recipient, an electronic record is sent when it:

(a) 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;

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

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

(2) Unless otherwise agreed between a sender and the recipient, an
electronic record is received when:

(a) 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

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

(3) Subsection (2) of this section 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 (4) of this section.

(4) 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 (4), the following rules apply:

(a) 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.

(b) 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.

(5) An electronic record is received under subsection (2) of this section even
if no individual is aware of its receipt.

(6) Receipt of an electronic acknowledgment from an information processing
system described in subsection (2) of this section establishes that a record was
received but, by itself, does not establish that the content sent corresponds to the
content received.

(7) If a person is aware that an electronic record purportedly sent under
subsection (1) of this section or purportedly received under subsection (2) of this
section 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 (7) may not be varied by agreement.

Legislative History

Source: L. 2002: Entire article added, p. 852, � 1, effective May 30.