Acknowledgement of receipt
35.
(1)
This section applies where, on or before sending an electronic
message, or in the electronic message, the originator has requested or agreed
with the addressee that receipt of the electronic message is to be
acknowledged.
(2)
Where the originator has requested or agreed with the addressee
that receipt of the electronic message is to be acknowledged, the electronic
message is treated as though it has never been sent until the acknowledgement
is received.
(3)
Where the originator has not agreed with the addressee that the
acknowledgement be given in a particular form or by a particular method, an
acknowledgement may be given by –
(a)
any communication by the addressee, automated or
otherwise; or
(b)
any conduct of the addressee sufficient to indicate to the
originator that the electronic message has been received.
(4)
Where the acknowledgement has not been received by the
originator within the time specified or agreed or, if no time has been specified or
agreed, within a reasonable time, the originator may –
(a)
give
notice
to
the
addressee
stating
that
no
acknowledgement has been received and specifying a
reasonable time by which the acknowledgement must be
received; and
(b)
if the acknowledgement is not received within the time
specified in paragraph (a), give notice to the addressee to
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