§ 26-2-8-114 — Time and place of sending and receipt

Indiana § 26-2-8-114

• Jurisdiction: Indiana
• Title 26: COMMERCIAL LAW
• Art. 2: COMMERCIAL TRANSACTIONS
• Ch. 8: Uniform Electronic Transactions Act

Text

(a) Unless otherwise agreed between the
sender and the recipient, an electronic record is sent when the
information is addressed or otherwise directed properly to the recipient
and either:
(1) 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
(2) enters a region of an information processing system that is
under the control of the recipient.
(b) Unless otherwise agreed between the sender and the recipient,
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 from which the recipient
is able to retrieve the electronic record; and
(2) the electronic record 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 is deemed to
be received at the recipient's place of business. For purposes of this
subsection, the following rules apply:
(1) If the sender or recipient has more than one (1) place of
business, the place of business of that person is that which has 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.
(e) An electronic record is effective when received 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, in itself, does not establish that the content sent
corresponds to the content received.
(g) If a law other than this chapter requires that a record be sent or
received, the requirement is satisfied by an electronic record only if it
is sent in accordance with subsection (a) or received in accordance with
subsection (b). 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, this subsection may not be varied by
agreement.

Legislative History

As added by P.L.62-2000, SEC.1.