6. Exchange and Validity of Declarations
(1) An electronic message is deemed to have been received by the recipient upon arrival at the recipient's communication facility. A message arrives when it reaches the initial technical device in the recipient's communication facility. A message is presumed to have arrived at the recipient's communication facility if the sender shows that it was properly dispatched, unless the recipient makes a prima facie showing that it did not receive the message. The term communications facility refers to the entirety of the technical equipment and resources, including the hardware and software, employed by User Entities to effect electronic exchange of messages on the basis of this B2B User Agreement. With respect to applications, a message posted to the application's database is deemed to have been received when the recipient should have become cognizant of the message assuming compliance with the inspection requirement of section 5 (3) of this B2B User Agreement.
An electronic message arriving at an unreasonable time (outside of the business hours customary in the industry) is received on the next following business day for purposes of meeting deadlines.
(2) Where data is sent in compliance with the rules prescribed by this B2B User Agreement including the special terms in the description of the applications, then that which a party has received and thereupon saved shall be considered binding between the User Entities unless the receiving party could or should have realized the incorrectness of the declaration. This does not apply to data that is unreadable. An electronic message is considered to be unreadable if the other party is unable to interpret it properly in the agreed or generally applicable context. The sending User Entity is entitled to invoke mutatis mutandis the right stipulated in sec. 10 (3) sent. 5.
(3) The User Entities declare their assent to the procedures described and defined in this B2B User Agreement regarding the dispatch and receipt of declarations and the exchange of information and other data. In as much, the User Entities mutually understand that the evidentiary rule of § 371a ZPO (German Code of Civil Procedure) applies mutatis mutandis where the above described procedures are adhered to. The parties accordingly waive their right to contest the validity of declarations made using an application of VW Group Supply.com, except in cases presenting legal grounds for avoidance and in situations to which sec. 10 (3) sent. 5 applies.