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All
electronic records sent by an originator, his agent or an information
system programmed by or on his behalf are attributable to him.
Where
the originator has not agreed with the addressee that the acknowledgement
of receipt of electronic data shall be given in a manner, the
acknowledgement may be given by
Any
communication by the addressee, automated or otherwise; or
Any
conduct of the addressee, sufficient to indicate to the originator
that the electronic record has been received.
Where
the originator had stipulated that it shall be binding only on
receipt of acknowledgement, then unless acknowledgement has been
received, it shall mean that the electronic data was never sent.
Where
no such stipulation was made, then the originator may give a notice
to the addressee stating that no such acknowledgement has been
received and specifying a time by which the acknowledgement must
be received by him, if still no acknowledgement is received, he
may after giving notice to the addressee treat the electronic
data as never sent
Unless
otherwise agreed the dispatch of an electronic record occurs
when it enters a computer resource outside the control of the
originator.
Unless
otherwise agreed the time of receipt of electronic record shall
be determined as follows:
if
the addressee has designated a computer resource for the purpose
of receiving electronic records-
receipt
occurs at the time when the electronic record enters the
designated computer resource; or
if
the electronic is sent to a resource that is not designated,
receipt occurs when it is retrieved by the addressee
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