5. Validity and Enforceability
5.1 Validity
The Parties agree that valid and enforceable obligations may be created by the communication of messages in compliance with this Agreement. The parties expressly waive any rights to object to the validity of a transaction solely on the ground that communication between the Parties occurred through the use of Electronic Data Interchange.
5.2 Evidence
Without regard to the absence of any writings and written signatures, to the extent permitted by law, the records of messages maintained by the parties shall be admissible and may be used as evidence of the information contained therein.
5.3 Contract Formation
A contract concluded through the use of Electronic Data Interchange under this Agreement shall be deemed to be formed when the message sent as acceptance of an offer has been received in accordance with Section 3.1.
5.4 Electronic Transactions
5.4.1 The Parties accept that operational instructions and/or operational data are validly formed by exchange of EDI messages, and expressly waive any rights to bring an action declaring the invalidity of a transaction concluded between themselves on the sole ground that the transaction took place by use of EDI.
5.4.2 Unless otherwise agreed, operational instructions and/or operational data made by EDI will be considered to be concluded at the time and the place where the EDI message constituting the acceptance of these instructions and data is made available to the information systems receiver.
5.5 Admissibility in Evidence Messages
To the extent permitted by law, the Parties hereby agree that in the event of dispute, the records of messages, which they have maintained in accordance with the terms of this Understanding, shall be admissible before the Courts and shall constitute evidence of the facts contained therein unless evidence to the contrary is adduced.
