§ 9-16-14 — Time and place of sending and receipt

North Dakota § 9-16-14

• Jurisdiction: North Dakota
• Title 9: Contracts and Obligations
• Ch. 9-16: Electronic Transactions

Text

1. Unless otherwise agreed between the sender and the recipient, an electronic record is
sent when the record:
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 which is
under the control of the recipient.
2. Unless otherwise agreed between a sender and the recipient, an electronic record is
received when:
a. The 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; and
b. The record is in a form capable of being processed by that 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:
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 even if no individual is aware of
the record's 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 by the other law, this subsection may not be varied by agreement.