IN THE SUPREME COURT OF APPEAL OF SOUTH AFRICA IN DIE HOOGSTE HOF VAN APPèL VAN SUID-AFRIKA AUGUST / SEPTEMBER 2013 FINAL ROLL (28 May 2013) Thursday 15 August 2013 COURT A 10. Eskom Holdings SOC Ltd v Hitachi Power Africa (Pty) Ltd & another 139/13 (GSJ) 1 3 11 15 18 MTHIYANE AP BRAND JA SHONGWE JA MAJIEDT JA PETSE JA COURT B 9.
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E-invoice.globalservices.bt.comBT Americas Inc. 7301 Northstate H ighway 161 Irving Texas 75039
General terms and conditions of BT for electronic invoicing
1. BT electronic invoicing (e-invoicing) is a service made available by BT to customers for receiving electronically all paperless invoices issued by, or on behalf of, BT for all products and services proposed to customers. Customers can therefore access paperless bills through a secure Internet access under the condition set out below. These terms and conditions apply to BT invoices (“invoices”) transmitted to Customers electronically through the electronic invoicing service. All other contractual terms, conditions and agreements existing between BT and Customers remain unchanged and remain in force. 2. The electronic invoicing service can be accessed by Customers provided they have accepted these General Terms and Conditions, without any amendment or reserves whatsoever. By agreeing to the electronic invoicing service, Customers consent to BT issuing, sending and transmitting invoices by electronic means. BT reserves the right to change or discontinue the service, permanently or temporarily, at any time and without prior notice. Should the service be discontinued, BT will send invoices to Customers in paper form. BT shall not be liable to the Customer or a third party for any change or discontinuance of the service. 3. By applying for this service, Customers agree, to receive BT Invoices through a secure online service made available by BT instead of their existing bills on paper. This service is provided to Customers at no additional cost. 4. Customers can access to the electronic invoicing service by entering their user name and password. Customers acknowledge and agree that it is their responsibility to prevent all unauthorized use of the user name, password and any secret question they have selected. Under no circumstances shall BT be liable for any unauthorized use or misuse of a Customer’s user name and/or password nor for any direct or consequential damage arising from any failure by a Customer to comply with this security obligation. 5. To receive the electronic invoicing service, Customers must first provide a valid e-mail address. By applying for this Service, Customers agree to this e-mail address remaining valid for the term of the invoicing service, and must inform BT immediately of any changes to that e-mail address. Customers will be notified through their e-mail address of the fact that an invoice has been issued by BT and can be accessed or downloaded. The date on which the notification is sent is deemed to be the invoice date (irrespective of whether or not the Customer has read the invoice notification). The parties agree that this will be the only means by which BT will inform Customers that an Invoice is available for access and/or download. 6. Customers are responsible for regularly checking the content of their electronic mail to see if any for e-mail notifications have been received. If Customers are unable to access the electronic invoicing service for technical reasons or the invoices received are in an unintelligible form, they must contact and inform BT immediately and request a hard copy duplicate of the invoice concerned. BT may close a Customer’s electronic invoicing account if the latter fails to comply with these General Terms and Conditions, and in particular the obligation to maintain a valid e-mail address for the term of this electronic invoicing service. Should this be the case, the Customer will be notified and BT will send subsequent invoices in paper form, without further formalities and in accordance with the terms and conditions laid down in the Customer’s contract for the provision of IT or telecommunications services. 7. Electronic invoices will be held by BT and made available to Customers for a maximum of six (6) months. Customers are reminded that they have a legal obligation to archive their invoices in their original electronic format, thereby guaranteeing the authenticity of the origin and integrity of the content. The Invoices and their digital signatures may be saved using an Internet Browser. Once an electronic invoice has been sent and made available, all the electronic Invoices issued by BT will be archived by BT in accordance with the applicable legislation and regulations for a maximum of ten (10) years. BT can also provide Customers with an archiving service, on request. If this is required, Customer should contact an Account Manager to obtain the terms and conditions for that additional service. 8. BT and the Customer confirm that they meet all the legal requirements for electronic invoicing and guarantee the integrity, authenticity of the origin, readability and non-repudiation of the electronic invoices exchanged between them. 9. The Customer agrees to defend, indemnify and hold harmless BT, its branches, subsidiaries and any subcontractors and partners, against all loss, damage, costs or expenses, including legal fees, arising out of or related to (i) use of, or connected to use of, the electronic invoicing service, including, but not limited to, the Customer's application for registration for, renewal of or any failure to be able to register or renew a particular service registered in the Customer’s name; (ii) use of any domain name registration or other Service; (iii) the Customer's Content; (iv) a breach or violation by the Customer of any condition, representation or warranty of these Terms and Conditions; or (v) violation by the Customer of third-party rights. 10. BT shall not be liable to the Customer or any third party for any damage arising from, or relating to, these General Terms and Conditions and in particular any loss of profit, business contracts, anticipated savings, goodwill or revenue, and/or any loss, corruption or destruction of data, and/or any special, direct or consequential loss and/or loss resulting for the transmission of a virus, irrespective of whether or not the party concerned has been warned in advance of the possibility of such loss or damage. 11. BT reserves the right to changes these General Terms and Conditions at any time. Should this be the case, use of the electronic invoicing service by the Customer after the change is put into effect shall constitute unreserved acceptance of the amended General Terms and Conditions. BT will communicate the amended General Terms and Conditions to the Customer with all due speed. The Customer may opt to terminate the electronic invoicing service at any time by submitting a request to this end to [email protected] BT will return to sending the Customer invoices on paper within a reasonable period of time. Under no circumstances does any decision to terminate the electronic invoices service release the Customer from his/her legal obligations as regards electronic invoicing or the archiving of invoices. All enquiries concerning this service should be sent to [email protected]
Dr. Prasad S. Dalvi Designation: Associate Professor Email ID: [email protected] Phone No: +91 20 65101870 (Ext. 21) Qualification: MD, PhD Area of Specialization: Molecular Biology, Neurobiology, Physiology Academic Qualifications Ph.D. (Physiology) (2006 – 2012) Faculty of Medicine, University of Toronto, Canada Thesis title : Molecular Mechan