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(1) Save 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) Save as otherwise agreed between the originator
and the addressee, the time of receipt of an electronic
record shall be determined as follows, namely :
(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 any, receipt occurs when
the
electronic record enters the computer resource
of the addressee.
(3) Save as otherwise agreed to between the originator
and the addressee, an electronic record is deemed to
be 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 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).
(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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