(1) Unless otherwise agreed between the sender and the recipient, an electronic record is sent when it:
Is addressed properly or otherwise directed properly to an information processingsystem 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;
Is in a form capable of being processed by that system; and
Enters an information processing system outside the control of the sender or of aperson 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 that is under the control of the recipient.
(2) Unless otherwise agreed between a sender and the recipient, an electronic record is received when:
It enters an information processing system that the recipient has designated or usesfor 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
It is in a form capable of being processed by that system.
Subsection (2) of this section applies even if the place the information processingsystem is located is different from the place the electronic record is deemed to be received under subsection (4) of this section.
Unless otherwise expressly provided in the electronic record or agreed between thesender 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 (4), the following rules apply:
If the sender or recipient has more than one place of business, the place of businessof that person is the place having the closest relationship to the underlying transaction.
If the sender or the recipient does not have a place of business, the place of businessis the sender's or recipient's residence, as the case may be.
An electronic record is received under subsection (2) of this section even if no individual is aware of its receipt.
Receipt of an electronic acknowledgment from an information processing systemdescribed in subsection (2) of this section establishes that a record was received but, by itself, does not establish that the content sent corresponds to the content received.
If a person is aware that an electronic record purportedly sent under subsection (1) ofthis section or purportedly received under subsection (2) of this section 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 (7) may not be varied by agreement.
Source: L. 2002: Entire article added, p. 852, § 1, effective May 30.