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(3)
Where the originator has stated that an electronic record is
conditional on receipt of the acknowledgment, the electronic record shall be
treated as though it had never been sent, until the acknowledgment is received.
(4)
Where the originator has not stated that an electronic record is
conditional on receipt of the acknowledgment, and the acknowledgment has not
been received by the originator within the time specified or agreed or, where no
time has been specified or agreed within a reasonable time, the
originator (a)
may give notice to the addressee stating that no
acknowledgment has been received and specifying a
reasonable time by which the acknowledgment must be
received; and
(b)
where the acknowledgment is not received within the time
specified in paragraph (a), may, upon notice to the
addressee, treat the electronic record as though it has never
been sent or exercise any other rights it may have.
(5)
Where the originator receives the addressee's acknowledgment of
receipt, it is presumed, unless evidence to the contrary is adduced, that the
related electronic record was received by the addressee, but that presumption
does not imply that the content of the electronic record corresponds to the
content of the record received.
(6)
Where the received acknowledgment states that the related
electronic record met technical requirements, either agreed upon or set forth in
applicable standards, it is presumed, unless evidence to the contrary is adduced,
that those requirements have been met.
(7)
Except in so far as it relates to the sending or receipt of the
electronic record, this Part is not intended to deal with the legal consequences
that may flow either from that electronic record or from the acknowledgment of its
receipt.
14.
Time and place of sending and receipt
(1)
Unless otherwise agreed between the originator and the
addressee, an electronic record is sent when it enters an information processing
system outside the control of the originator or the person who sent the electronic
record on behalf of the originator.