Section No |
IV. ATTRIBUTION, ACKNOWLEDGMENT AND DISPATCH OF ELECTRONIC RECORDS |
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IV |
11 |
Attribution of Electronic Records |
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12 |
Acknowledgement of Receipt |
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(1) |
Where the originator has not agreed with the addressee that the acknowledgment
of receipt of electronic record be given in a particular form or by a particular
method, an acknowledgment may be given by -
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(2) |
Where the originator has stipulated that the electronic record shall be binding only on receipt of an acknowledgment of such electronic record by him, then unless acknowledgment has been so received, the electronic record shall be deemed to have been never sent by the originator. |
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(3) |
Where the originator has not stipulated that the electronic record
shall be binding only on receipt of such acknowledgment, and the acknowledgment
has not been received by the originator within the time specified or agreed
or, if no time has been specified or agreed to within a reasonable time,
then the originator may give notice to the addressee stating that no acknowledgment
has been received by him and specifying a reasonable time by which the
acknowledgment must be received by him and if no acknowledgment is received
within the aforesaid time limit he may after giving notice to the addressee,
treat the electronic record as though it has never been sent.
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13 |
Time and place of despatch and receipt of electronic record |
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(1) |
Save as otherwise agreed to between the originator and the addressee, the dispatch of an electronic record occurs when it enters a computer resource outside the control of the originator. |
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(2) |
Save as otherwise agreed between the originator and the addressee,
the time of receipt of an electronic record shall be determined as follows,
namely -
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(3) |
Save as otherwise agreed between the originator and the addressee, an electronic record is deemed to "be dispatched 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. |
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(4) |
The provisions of sub-section (2) 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 sub-section (3). |
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(5) |
For the purposes of this section -
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