Common use of Delivery of Communications Clause in Contracts

Delivery of Communications. 12.11.1 Any communications relating to issues referred to in paragraphs 3.1, 3.2, 3.3, 3.4.1, 3.4.2, 4.4, 4.6 and 6.3 of these Terms of Trade must be in writing and must be delivered in person or by a courier or registered mail, unless the text of the Contract or these Terms of Trade stipulates compulsory delivery by fax or e-mail; in addition, communications will be delivered by fax or e-mail: (a) In the case of the Customer to the address specified in paragraph 6.1 of the Contract; and (b) In the case of the Supplier to the address specified in paragraph 6.2 of the Contract. 12.11.2 Any communications relating to any issues concerning this Contract and these Terms of Trade other than those listed in paragraph 12.11.1 of these Terms of Trade must be in writing and must be delivered in person or by a courier or registered mail, unless the text of the Contract or these Terms of Trade stipulates compulsory delivery by fax or e-mail; in addition, communications will be delivered by fax or e-mail: (a) In the case of the Customer to the address specified in paragraph 6.3 of the Contract; and (b) In the case of the Supplier to the address specified in paragraph 6.4 of the Contract. 12.11.3 Unless the Contract or these Terms of Trade stipulate otherwise, any communications concerning the Contract or these Terms of Trade will be considered delivered to the other Contractual Party: (a) In the case of registered mail on the fifth (5th) Business Day after the day on which the relevant consignment was posted in a correctly addressed envelope with postage paid; (b) In the case of fax, as soon as the sender’s fax machine prints out a confirmation of successful transfer of the communication to the correctly entered fax number of the other Contractual Party; and (c) In the case of e-mail as soon as the relevant e-mail message is sent to the correctly entered e-mail address of the other Contractual Party.