Delivery and the New Regional Sales Contract in Virginia

Don't be confused by what some members of the Regional Sales Contract Task Force might be teaching about the rules governing Delivery of addenda and notices. Keep in mind, the Delivery paragraph is in the Virginia Jurisdictional Addendum, which the task force had no role in writing.

The first sentence of the first paragraph of the Virginia Jurisdictional Addendum reads:

"Delivery methods may include hand-carried, sent by professional courier service, by United States Mail, by facsimile or by e-mail transmission. "

It is still perfectly acceptable to deliver things by FAX, provided that the buyer or seller, as the case may be, has provided you with a Fax number in paragraph 1B of the Va. Jurisdictional Addendum.

What seems to have confused some of the folks on the Regional Sales Contract Task Force is that notices and addenda sent via FAX aren't deemed delivered for the purpose of calculating time periods, until the day they are acknowledged in writing by the recipient. All that we meant to accomplish with this requirement was to prevent unscrupulous buyers or sellers from faxing a notice to an empty office building on a Friday evening to start time periods running early.

If you want to continue to use fax this contract requires to you to take steps that most of us consider common courtesy -- call before faxing to make sure someone will be there to pick up your fax, call after faxing to make sure all of the pages went through without sticking together or before the fax machine ran out of paper, and then have them fax you back a note agreeing they receive the entire contents of your Fax.

The only time you need to resort to the use of a professional courier are those rare instances when the other party is refusing to hear what you have to say and won't send anything back to admit they have your fax.

This was posted via E-mail - sorry about the formatting.
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