(1) Except as otherwise agreed to between the originator and
the addressee, the despatch of an electronic record occurs when it enters a
computer resource outside the control of the originator.
(2) Except
as otherwise agreed between the originator and the addressee, the time of receipt of an electronic record shall be determined
as follows –
(a)
if the addressee has designated a computer resource for the purpose of receiving electronic records: (i)
receipt occurs at the time when the electronic
record enters the designated computer resource; or (ii) if the electronic record is sent to a computer
resource of the addressee that is not the designated
computer resource, receipt occurs at the time when the electronic record is retrieved by the addressee;
(b)
if the addressee has not designated a computer resource along with specified
timings, if an1u., receipt occurs when the electronic record enters the computer
resource of the addressee.
(3) Except
as otherwise agreed to between the originator and the addressee, an electronic record is deemed to the despatched at the place
where the originator has his place of business, and is deemed to be received at
the place where the addressee has his place of business.
(4) The
provisions as given in (2) above shall apply notwithstanding that the place
where the computer resource is located may be different from the place where
the electronic record is deemed to have been received under (3).
(5) For the purposes of this
section, (a) if the originator or the addressee has more than one place of
business, the principal place of business shall be the place of business, (b)
if the originator or the addressee does not have a place of business, his usual
place of residence shall be deemed to be the place of business; (c) "usual
place of residence", in relation to a body corporate, means the place
where it is registered.
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