16
Electronic Transactions
No. 33
(b) where the recipient has not designated an information
system, when the electronic message enters an information
system through which the recipient retrieves the electronic
message.
(3) Unless otherwise agreed by the parties, an electronic
message shall be dispatched at the sender's registered place of
business and shall be received at the recipient's registered place of
business.
(4) Where a sender or recipient has more than one registered
place of business, his retained place of business shall be the one
having the closest link with his underlying operation or, in the
absence of such underlying operation, with the principal place of
business.
(5) If a sender or recipient does not have a place of business, the
place of usual domicile shall be taken into consideration.
Offer and
acceptance
(6) The provisions of this section shall apply even though the
information system supporting the electronic address of the
recipient differs from the place where an electronic message is
considered to be received under this section.
21.__(1) Unless otherwise agreed by the parties, an offer and
acceptance of the offer may be wholly or partly expressed by
electronic means.
(2) A contract concluded between parties by means of electronic
messages shall be concluded at the time when, and place where, the
acceptance of the offer was received by the recipient:
Attribution of
electronic
messages to
sender
Provided that parties may agree that the contract was concluded
at the place of residence of one party or the place of location of the
legal entity, who accepted the offer.
22.__(1) An electronic message shall be considered to be that of
the sender, if it was sent__
(a) by the sender personally;
(b) by an agent of the sender; or
(c) by an information system programmed by the sender or on
behalf of the sender to send electronic messages automatically.
(2) The recipient of an electronic message shall justifiably
consider that the electronic message came from the sender and act
accordingly if__
(a) the recipient properly applied a procedure previously
agreed with the sender for this purpose; or