Select the one or more means for delivering notices.
Given the uncertainty involved in delivery by fax and delivery by regular email, if you opt for delivery by either or both of those means this contract will provide that any notice so delivered will be valid only if the other party acknowledges having received it. If you opt for delivery by fax, you’ll be asked whether you want an acknowledgment or transmission report generated by a machine from which a fax is sent to constitute acknowledgment of that fax for purposes of the notices provisions.
Delivery by registered or certified mail is included in the options, although most businesses will probably find it simpler and more efficient to opt for delivery by a national transportation company, such as FedEx. Because of the risk of loss and lack of tracking, sending notices by first-class mail isn’t offered as an option.
RPost’s “Registered Email” service offers the prospect of a more reliable form of email notice. For more information, go to RPost’s website. But Koncision recommends that you offer it as an alternative to, rather than instead of, regular email, in case the service becomes unavailable. RPost has approved the notices-provision language relating to RPost.
Ken Adams has blogged about some of the terminology included in Koncision’s notices provision. See this blog post for why it refers to delivery “by hand” rather than “personal delivery”; see this blog post for why it uses the word “fax” rather than “telecopier” or “facsimile”; and see this blog post for why it refers to “a national transportation company” rather than a “courier” or “carrier.”