C 2626 2010 No.
Electronic Transactions
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system outside the control of the originator or of the person who sent the
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document on behalf of the originator.
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the time of receipt of a document is determined as follows:
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(a) if the addressee has designated an information system for the purpose
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(2) Unless otherwise agreed between the originator and the addressee,
of receiving documents, receipt occurs:
(i) at the time when the document enters the designated information
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system; and
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(ii) if the document is sent to an information system of the addressee
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that is not the designated information system, at the time when the
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document is retrieved by the addressee;
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(b) if the addressee has not designated an information system, unless
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otherwise agreed between the originator and the addressee, receipt occurs
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when the document enters a designated information system.
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information system is located may be different from the place where the
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document is deemed to be received under subsection (4).
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a document is deemed to be dispatched at the principal place of businesses of
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the originator, and is deemed to be received at the principal place of business
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of the addressee.
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(a) if the originator or the addressee has more than one place of business,
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the place of business is that which has the closest relationship to the
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underlying transaction or, where there is no underlying transaction, the
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principal place of business;
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(3) Subsection (2) applies notwithstanding that the place where the
(4) Unless otherwise agreed between the originator and the addressee,
(5) For the purposes of subsection (4):
(b) if the originator or the addressee does not have a place of business,
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reference is to be made to his habitual residence.
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(6) NITDA or any appropriate regulatory body may by regulation, provide
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that this section does not apply to a specified communication involving
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documents, or to a specified law.
30. Where a contract to which this Act applies is a transnational contract,