Following clauses are intended to clarify the parties' intention and ensure that legally binding contracts and related EDI process can be proved in the event of a dispute by the records maintained in conformity with the EDI agreement concluded. The area of admissibility and evidential value is one where uncertainty is still predominant. As in most countries legal provisions regarding evidence are not mandatory, specifically in the commercial area, agreement between parties can be reached on the questions of evidence. By reaching an agreement between parties, this uncertainty can be partly reduced. Effecting transactions by EDI as an alternative to paper, implies that the EDI Messages will replace effectively the documents that were exchanged previously on paper. It implies that the parties can rely on these exchanges of messages to provide the evidence of the facts which have happened, in the case of a dispute. Within the boundaries of national laws, especially mandatory law, which may apply and provided that the parties have respected the provisions of the agreement, these EDI Messages should be admissible before the courts as evidence and should also be recognized as a means to provide evidence of the facts that are recorded unless evidence to the contrary is provided. To be admissible in court the evidence offered should be trustworthy and reliable. Good record-keeping, acknowledgment and security provisions are factors which will affect admissibility of evidence.

• To the extend permitted by law, the parties hereby agree that in the event of dispute, the records of EDI Messages, which they have maintained in accordance with the terms of this Agreement, shall be admissible before Courts and shall constitute evidence of the facts contained therein unless evidence to the contrary is adduced.

   

• Procedures to enable a secure means of archiving shall be detailed in the User Manual.