§ 554D.117 — Time and place of sending and receipt

Iowa § 554D.117

• Jurisdiction: Iowa
• Title XIII: COMMERCE
• Ch. 554D: ELECTRONIC TRANSACTIONS — COMPUTER AGREEMENTS

Text

1. Unless otherwise agreed between the sender and the recipient, an electronic record is
sent when all of the following occur:
a. The electronic record 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.
§554D.117, ELECTRONIC TRANSACTIONS — COMPUTER AGREEMENTS 6
b. The electronic record is in a form capable of being processed by that information
processing system.
c. The electronic record 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.
2. Unless otherwise agreed between a sender and the recipient, an electronic record is
received when both of the following occur:
a. The electronic record 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.
b. The electronic record is in a form capable of being processed by that information
processing system.
3. Subsection 2 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.
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, both of the following apply:
a. If the sender or recipient has more than one place of business, the place of business of
such 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 even if no individual is aware of its
receipt.
6. Receipt of an electronic acknowledgment from an information processing system
described in subsection 2 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, or
purportedly received under subsection 2, 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
or required by the other law, the requirements of this subsection shall not be varied by
agreement.