person with an opportunity to prevent or
correct the error,
(ii) that person notifies the other person of
the error as soon as practicable after
that person has learned of it,
(iii) that person takes reasonable steps,
including steps that conform to the other
person’s instructions to return any
performance received, or, if instructed to
do so, to destroy that performance, and
(iv) that person has not used or received
any material benefit or value from any
performance received from the other
person.
Variation by
agreement
between parties
202. As between parties involved in generating,
sending,
receiving,
storing,
or
otherwise
processing data messages, any provisions relating
to the formation and validity of agreements for
electronic transactions, the time and place of
communications, dispatch and receipt, the
expression of intent or other statement, the
attribution of data messages to the originator, or
the acknowledgement of receipt of data messages,
may be varied by agreement.
Time of dispatch
203 (1) Unless otherwise agreed to between the
originator and the addressee of a data message, if
a data message enters a single information system
outside the control of the originator, or the person
who sent the message on behalf of the originator,
the dispatch of the data message occurs when it
enters that information system.
(2) If a data message enters successively two or
more information systems outside the control of the
originator, then unless otherwise agreed between
the originator and the addressee of the data
message, the dispatch of the data message occurs
when it enters the first of those information
systems.
Time of receipt
204. (1) Unless otherwise agreed between the
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