Guam § 91115 - Time and Place of Sending and Receipt.

§ 91115. Time and Place of Sending and Receipt.

(a) Unless otherwise agreed between the sender and the recipient, 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 that 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 otherwise agreed between the sender and the recipient, 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

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(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 apply:

(1) If the sender or recipient has more than one (1) 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.

(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 any other applicable law. Except to the extent permitted by

the other law, the requirements of this Subsection may not be varied by

agreement.