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.