(1) Save as otherwise agreed to between the originator and the addressee, the dispatch of an electronic record occurs when it enters a computer resource outside the control of the originator.
(2) Save as otherwise agreed between the originator and the addressee, the time of receipt of an electronic record shall be determined as follows, namely:—
(a) if the addressee has designated a computer resource for the purpose of receiving electronic records,—
(i) receipt occurs at the time when the electronic record enters the designated computer resource; or
(ii) if the electronic record is sent to a computer resource of the addressee that is not the designated computer resource, receipt occurs at the time when the electronic record is retrieved by the addressee;
(b) if the addressee has not designated a computer resource along with specified timings, if any, receipt occurs when the electronic record enters the computer resource of the addressee.
(3) Save as otherwise agreed to between the originator and the addressee, an electronic record is deemed to be dispatched at the place where the originator has his place of business, and is deemed to be received at the place where the addressee has his place of business.
Legal Commentary & Landmark Judgments: Section 13
Section 13 enacts the statutory rules determining the time and place of dispatch and receipt of electronic records, identifying the precise legal moment of transmission and establishing territorial jurisdiction based on the parties' places of business rather than the physical location of servers.
In territorial jurisdiction battles arising from online contracts, rely on Section 13(3) to assert that jurisdiction is governed by the principal place of business or habitual residence of the parties, defeating arguments that jurisdiction lies exclusively at the foreign data centre hosting the server.