(c) “Data message” means information generated, sent, received or stored by
electronic, magnetic, optical or similar means, including, but not limited to, electronic
data interchange, electronic mail, telegram, telex or telecopy;
(d) “Originator” of an electronic communication means a party by whom, or on whose
behalf, the electronic communication has been sent or generated prior to storage, if
any, but it does not include a party acting as an intermediary with respect to that
electronic communication;
(e) “Addressee” of an electronic communication means a party who is intended by the
originator to receive the electronic communication, but does not include a party acting
as an intermediary with respect to that electronic communication;
(f) “Information system” means a system for generating, sending, receiving, storing or
otherwise processing data messages;
(g) “Automated message system” means a computer program or an electronic or other
automated means used to initiate an action or respond to data messages or
performances in whole or in part, without review or intervention by a natural person
each time an action is initiated or a response is generated by the system;
(h) “Place of business” means any place where a party maintains a nontransitory
establishment to pursue an economic activity other than the temporary provision of
goods or services out of a specific location.
Article 5
Interpretation
1. In the interpretation of this Convention, regard is to be had to its international
character and to the need to promote uniformity in its application and the observance
of good faith in international trade.
2. Questions concerning matters governed by this Convention which are not expressly
settled in it are to be settled in conformity with the general principles on which it is
based or, in the absence of such principles, in conformity with the law applicable by
virtue of the rules of private international law.
Article 6
Location of the parties
1. For the purposes of this Convention, a party’s place of business is presumed to be
the location indicated by that party, unless another party demonstrates that the party
making the indication does not have a place of business at that location.
2. If a party has not indicated a place of business and has more than one place of
business, then the place of business for the purposes of this Convention is that which
has the closest relationship to the relevant contract, having regard to the
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