Optional (see Notes section below)
Commonwealth Contract Terms clause C.C.8
This clause prescribes delivery requirements for Notices provided under the Contract and provides clarity about exactly when a Notice is deemed to be received.
The clause assumes that contact and address details for the Parties will be set out in the Schedule to the Contract. This should include name and position of the contact person for each Party, physical and postal address and an email address.
If an email address is included for the Customer’s Contact Officer, care must be taken to ensure that the email inbox is accessible and monitored at all times.
X.1 A Notice under this Contract is only effective if it is in writing, and:
- if given by the Supplier to the Customer - addressed to the Contact Officer at the address specified in the Schedule or as otherwise notified by the Customer; or
- if given by the Customer to the Supplier - given by the Contact Officer (or any superior officer to the Contact Officer) and addressed to the Supplier at the address specified in in the Schedule or as otherwise notified by the Supplier.
X.2 A Notice is deemed to be effected:
- if delivered by hand - upon delivery to the relevant address;
- if sent by registered post - upon delivery to the relevant address; or
- if transmitted by email or other electronic means, when it becomes capable of being retrieved by the addressee at the relevant email or other electronic address.
X.3 A Notice received after 5.00 pm, or on a day that is not a working day in the place of receipt, is deemed to be effected on the next working day in that place.
While use of this clause is optional, it is common for contracts to include a clause of this type.
Standardisation of contractual text results in efficiencies for both Parties to a contract. Before deciding whether a particular clause is appropriate, procurement officials should carefully consider the context of their procurement. Capitalised terms (unless otherwise defined) are based on the definitions in the CCS Glossary. Definitions of any relevant defined terms may need to be added.
Clause wording would generally need to be changed where it is appropriate to use alternative methods for delivering a Notice, or where one or more methods for delivering a Notice that are currently included in the clause, should be deleted.
On occasion, the Customer may need to include additional detail regarding the person to whom Notices should be delivered. Examples include where Notices or some Notices:
- should be provided to different people;
- require hand delivery to a particular person or position rather than just to the address;
- require a signature to confirm receipt; or
- require delivery to more than one person.
Otherwise, where this clause is included, the clause wording should be used without change.
Terms that are Capitalised may need to be changed to align with the Contract terminology.