14.
(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 b
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.
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.
(2)
Unless otherwise agreed between the originator and the
addressee, the time of receipt of an electronic record shall –
(a)
where the addressee has designated an information processing system for
the purpose of receiving an electronic record, occur (i) at the time when the electronic record enters the designated information
processing system; or
(ii)
where the electronic record is sent to an information processing
system of the addressee that is not the designated information