Sec 44-7015. Time and place of sending and receipt

A. Unless otherwise agreed to by the sender and the recipient, an electronic record is sent if the record:

1. Is properly addressed or otherwise properly directed to an information processing system that the recipient has designated or uses for the purpose of receiving electronic records or information of the type sent and from which the recipient is able to retrieve the electronic record.

2. Is in a form that is capable of being processed by the information processing system described in paragraph 1 of this subsection.

3. Enters an information processing system that is outside the control of the sender or of a person that sent the electronic record on behalf of the sender or enters a region of the information processing system that is designated or used by the recipient and that is under the control of the recipient.

B. Unless otherwise agreed to by the sender and the recipient, an electronic record is received if the record:

1. Enters an information processing system that the recipient has designated or uses for the purpose of receiving electronic records or information of the type sent and from which the recipient is able to retrieve the electronic record.

2. Is in a form that is capable of being processed by the information processing system described in paragraph 1 of this subsection.

C. Subsection B applies even if the information processing system is located in a different place from the place the electronic record is deemed to be received pursuant to subsection D.

D. Unless otherwise expressly provided in the electronic record or agreed to by the sender and the recipient, an electronic record is deemed to be sent from the sender's place of business and to be received at the recipient's place of business. If the sender or recipient has more than one place of business, the place of business of that person is the place that has the closest relationship to the underlying transaction. If the sender or the recipient does not have a place of business, the place of business is the sender's or recipient's residence, as applicable.

E. An electronic record is received pursuant to subsection B even if no individual is aware of its receipt.

F. Receipt of an electronic acknowledgment from an information processing system described in subsection B establishes that a record was received but, by itself, does not establish that the content sent corresponds to the content received.

G. If a person is aware that an electronic record was purportedly sent as prescribed in subsection A or purportedly received as prescribed in subsection B, but was not actually sent or received, the legal effect of the sending or receipt is determined by other applicable law. Except to the extent allowed by the other law, the parties may not agree to vary the requirements of this subsection.