Electronic Contracting
ICC eTerms 2004
ICC offers eTerms 2004 in response to the challenges and opportunities through new technologies which shape business practice.
By agreeing to abide by ICC eTerms 2004, the parties make it clear to arbitrators and judges resolving any disputes they might have on the workings of the substantive contract between them that they do not have a dispute about the technical means by which they had contracted. With ICC eTerms 2004 in place, the parties have intentionally agreed to contract electronically. The effect: one dispute less, to resolve and to spend money on.
- ICC eTerms 2004 are designed to enhance the legal certainty of contracts made by electronic means.
- ICC eTerms 2004 provide you with two short articles, easy to incorporate into your contracts, which make it clear that you and your counterparty intend to agree to a binding electronic contract.
- ICC eTerms 2004 do not affect the subject matter of your contract, and do not interfere in any way with any terms you may have otherwise agreed upon: they simply facilitate the procedures and the use of electronic means in concluding a contract.
- You can use ICC eTerms 2004 for any contract for the sale or other disposition of goods, rights or services.
- You can use ICC eTerms 2004 wherever you contract through electronic means whether through a website, by e-mail, or by EDI.
ICC Guide to eContracting
ICC also provides a product accompanying ICC eTerms 2004 to explain how you can apply ICC eTerms 2004 to your contract.
ICC recognises that the speed and ease of electronic contracting is a balance of risks and chances on a knife's edge. These anxieties can frequently more easily be allayed in-house, through sensible, practical and flexible precautions, rather than through international legislation or through contract terms. With this in mind, the ICC Guide to electronic contracting provides flagging steps which might be taken by businesses to reassure them when contracting electronically.
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