known, had the addressee exercised reasonable care or used any agreed procedure, that
the data message was a duplicate.
Section 19
In the case where an acknowledgement of receipt of a data message is required whether
at the request of the originator or as agreed with the addressee before or at the time of
sending such data message or as appeared in that data message, the following rules shall
apply:
(1)
where the originator has not agreed that the acknowledgement be given in a
particular form or by a particular method, an acknowledgement may be given by
any communication by the addressee, whether by an automated information
system or by any other method, or by any conduct of the addressee sufficient to
indicate to the originator that the addressee has received the data message.
(2)
where the originator has stated a condition that the data message shall be
regarded as having been sent only upon receipt of an acknowledgement by the
addressee, it shall be deemed that the data message has never been sent, until
the originator has received the acknowledgement.
(3)
where the originator has not stated such a condition under paragraph (2) and
the originator has not received the acknowledgement within the time specified
or agreed or, if no time has been specified or agreed, within a reasonable time,
the originator:
(a)
may give notice to the addressee stating that no acknowledgement has
been received and specifying a reasonable time by which the
acknowledgement must be made by the addressee; and
(b)
if the acknowledgement is not received by the originator within the time
specified in subparagraph (a), may, upon notice to the addressee, treat the
data message as though it had never been sent, or exercise any other
rights it may have.
Section 20
Where the originator receives the addressee’s acknowledgement of receipt it is presumed
that the related data message was received by the addressee. That presumption does not
imply that the data message received by the addressee corresponds to the data message
sent by the originator.
Section 21
Where the received acknowledgement states that the related data message received by
the addressee met the technical requirements, either agreed upon by the originator and
the addressee or set forth in the applicable standards, it is presumed that those
requirements have been met.
Section 22
The dispatch of a data message is deemed to occur when such data message enters an
information system outside the control of the originator.
Section 23
The receipt of a data message is deemed to occur from the time when such data message
enters an information system of the addressee.
If the addressee has designated an information system for the purpose of receiving data
message specifically, it shall be deemed that the receipt of a data message occurs at the
time when the data message enters the designated information system. However, if such
data message is sent to an information system of the addressee that is not the designated
information system, it shall be deemed that the receipt of a data message occurs at the
time when the data message is retrieved from that information system.
www.ThaiLaws.com
5