Agreement - Invoice dispatch by e-mail
Agreement on the Issue of Invoices by Email
1. Scope
- The parties agree that Ostermann shall send all invoices by email to the Customer for the following supplies and services. The invoices shall be sent as an email attachment in pdf format to the email address.
- This agreement applies solely for the dispatch and receipt of invoices, corrections of invoices and credit notes and not for other correspondence.
- The Invoice Recipient shall ensure the technical conditions for the electronic communication of emails is maintained at all times. The parties shall inform one another of any malfunctions or other such circumstances that could prevent or delay the receipt of emails.
If there are no known malfunctions, for the duration of this agreement is there any doubt then invoices sent by email shall be deemed received by the Invoice Recipient at the very time they are sent by Ostermann. - With the terms of any applicable national legal provisions, the parties agree for any dispute that the EDI message records that each has stored in accordance with this agreement are admissible before a court and that, in the absence of any evidence to the contrary, such records are evidence of the facts contained therein.
2. Security
- The parties undertake to implement and maintain reasonable security procedures and precautions in order to protect files exchanged by EDI from authorised access, modification, delay, deletion or loss.
- These security procedures and precautions include checking the origin, checking the integrity, the non-repudiation of the origin together with ensuring confidentiality corresponding to the degree of confidentiality of a paper invoice (encryption not necessary).
- If these security procedures and precautions result in the repudiation of an emailed invoice or lead to the discovery of an error in the message, the Invoice Recipient shall promptly notify Ostermann accordingly.
3. Contractual term / Termination
- The agreement comes into force on the date on which it is signed by the parties.
- This agreement is open-ended; each party may terminate it with a notice period of two weeks.
4. Miscellaneous
- No liability of the parties is established in connection with this agreement.
- If there are justified reasons for modifying this agreement, such as statutory amendments, binding legal precedents, a change in the opinions of the fiscal authorities or a deviation from the current recommendations of the European Commission, then each party is entitled to demand that it be amended so.
- This agreement is governed solely by UK law.
- If any of the provisions of this agreement is invalid or unenforceable, this shall not affect the validity of the remainder.