§ 10 §9415 — Time and place of sending and receipt

1.
Sending.
Unless otherwise agreed between the sender and the recipient, an electronic record is sent when it:
2.
Receipt.
Unless otherwise agreed between a sender and the recipient, an electronic record is received when it:
3.
Physical location.

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.
Place of business.
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 apply.
5.
Actual receipt.
An electronic record is received under subsection 2 even if no individual is aware of its receipt.
6.
Contents.
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.
Legal effect.
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 by the other law, the requirements of this subsection may not be varied by agreement.

Legislative History

PL 1999, c. 762, §2 (NEW).