- 5.1 Any Message transmitted in compliance with these Rules shall be deemed to have been received when accessible to the intended recipient in the manner designated in the User Manual. Subject to Rule 5.2, each party accepts the integrity of all Messages and agrees to accord these the same status as would be applicable to information sent via paper documents.
5.2 Where there is proof that a Message has been or is likely to have been corrupted, garbled, incomplete, incorrect or not in good order, it shall not be acted upon by the recipient.
5.3 If the sender has been able to identify the circumstances mentioned in Rule 5.2, he shall retransmit the Message as soon as practicable with an indication that it is a corrected Message. In the absence of such re-transmission, the recipient's version of the Message shall prevail.
5.4 If it is the recipient who is able to identify the circumstances in Rule 5.2, he shall inform the sender (if identifiable from the received Message) as soon as practicable and shall not act on the Message until he has received the correct Message or confirmation that the received Message is correct. In the absence of such notice to the sender by the recipient, the sender's version of the Message shall prevail.
5.5 Notwithstanding that the sender is responsible and liable for the completeness and accuracy of a Message, the sender will not be liable for the consequences of an incomplete or incorrect Message if the error is or should be reasonably obvious to the recipient.
5.6 If the recipient has reason to believe that the Message is not intended for him, he should take reasonable action to inform the sender immediately and should delete the information contained in the Message from his system but not the Data Log.
|
