§489E-15 - Time and place of sending and receipt. - Hawaii Statutes

     [§489E-15]  Time and place of sending and receipt.  (a)  Unless the sender and recipient agree to a different method of sending that is reasonable under the circumstances, an electronic record is sent when it:

     (1)  Is addressed properly or otherwise directed properly 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 capable of being processed by that system; and

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

     (b)  Unless the sender and recipient agree to a different method of receiving that is reasonable under the circumstances, an electronic record is received when:

     (1)  It 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; and

     (2)  It is in a form capable of being processed by that system.

     (c)  Subsection (b) applies even if the place the information processing system is located is different from the place the electronic record is deemed to be received under subsection (d).

     (d)  Unless otherwise expressly provided in the electronic record or agreed between 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.  For purposes of this subsection, the following rules shall apply:

     (1)  If the sender or recipient has more than one place of business, the place of business of that person is the place having the closest relationship to the underlying transaction;

     (2)  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 the case may be; and

     (3)  Notwithstanding any other provision of this chapter, if an individual enters into a transaction for personal, family, or household purposes that is created or documented by an electronic record, the transaction shall be deemed to have been made or to have occurred at the individual's residence.

This subsection is not variable by agreement.

     (e)  An electronic record is received under 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 purportedly sent under subsection (a), or purportedly received under subsection (b), was not actually sent or received, the legal effect of the sending or receipt is determined by other applicable law.  Except to the extent permitted by the other law, the requirements of this subsection may not be varied by agreement.

     (h)  Notwithstanding any other section of this chapter, a record has not been received unless it is received by the intended recipient in a manner in which it can be opened and read by that recipient.

     (i)  If a law other than this chapter requires that a notice of the right to cancel be provided or sent, an electronic record may not substitute for a writing under the other law unless, in addition to satisfying the requirements of the other law and this chapter, the notice of cancellation may be returned by electronic means.  This subsection may not be varied by agreement. [L 2000, c 282, pt of §1]