13When notification takes effect(1)

In relation to the formation of a contract, a notification to a person of an offer, acceptance, counter-offer, withdrawal, rejection, revocation or declaration takes effect on reaching that person.

(2)

Subsection (1) is subject to section 11(1).

(3)

For the purposes of subsection (1), a notification reaches a person when it is made available to the person in such circumstances as make it reasonable to expect the person to be able to obtain access to it without undue delay.

(4)

Circumstances in which it may be reasonable to expect that a person is able to obtain access to a notification without undue delay include—

(a)

when it is delivered to the person,

(b)

when it is delivered to the person’s place of business,

(c)

in a case where either the person does not have a place of business or the notification does not relate to a business matter, when it is delivered to the person’s habitual residence, or

(d)

in the case of a notification transmitted by electronic means, when it becomes available to be accessed by the person.