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TERMS OF USER AGREEMENT

Coral Net Co., LTD, hereinafter referred to as the "Contractor", offers services to provide access to the online service carvector.com (hereinafter referred to as the Website) on the terms specified in these Terms of Agreement (hereinafter referred to as the Agreement).
This Agreement is a Public Offer (hereinafter referred to as the Offer). By accepting the terms of this Agreement, It is deemed the User made the Acceptance and acceded to this Agreement.
The placement on the Website of this Agreement by the Contractor (Offer) and acceptance of its terms by the User (Acceptance) are equivalent to a transaction in writing on the conditions listed below.
1. TERMS AND DEFINITIONS
 
“Public Offer” - a proposal to conclude a transaction, which sets out the terms of this Agreement, addressed to a specific person. If the recipient accepts the offer, this means the conclusion between the parties to this Agreement.
“Acceptance” - the complete and unconditional acceptance of the terms of this Agreement by the User by performing the actions specified in clause 4.1. of this agreement.
“Website” - the online service carvector.com - the Contractor’s electronic information resource hosted on the Internet at a domain name, at: https://carvector.com/
“Content”, “Website Materials” - materials and information posted (published) on the Website, including texts, articles, answers to questions, electronic files, informational messages, illustrations, pictures, elements of corporate identity and design, as well as other intellectual property all together and / or separately.
"Contractor" is a legal entity that provides the User with a service to search for and purchase the goods selected by the User and organize their delivery to the agreed destination.
User” - an individual who accepts the Offer in his own interest, or who acts on behalf of and in the interests of the legal entity he represents, who has access to the Website via the Internet.
"Auction House" (hereinafter - the Auction) is a type of Companies that is engaged in the public sale of Goods, both new and used, according to pre-established auction rules. A common principle for all auctions is the principle of competition between potential buyers. Only authorized bidders may participate.
“Invoice” is a document for the payment of the Goods or a document accompanying the Goods. An invoice is issued by the Contractor to make a Deposit, pay for the purchased Goods, as well as complete with documents for the Goods. An invoice usually contains: Contractor data, User data, description of the Goods, price of the Goods, delivery terms, banking and other necessary information.
"Bid" is the money for which the customer intends to purchase the Goods. It does not include: the cost of paperwork, auction fees, transportation and other fees. The bid includes only the cost of the Goods themselves at auction. The bid is set by the client through a personal account on the Website.
“Goods” are new or used cars, special machineries, motor vehicles etc. It has no warranties for future use and is supplied “as is” based on descriptions and photographs posted on the Internet.
“Point of departure” is the export port from where the goods are dispatched.
“Destination” is the place where the Goods are delivered.
“Transport Company” is a type of Companies that deliver the purchased Goods from point A to point B.
“Checklist” (Auction sheet) – is a document filled in by the inspector of the Auction House and containing information about the condition of the car, options, equipment, damage and so on.
“CIF” is cost of the Goods, insurance and shipping costs. The CIF delivery condition means that the Contractor is responsible for organizing the delivery of the Goods to the destination. The CIF includes: the cost of the Goods + all expenses in Japan related to the purchase at the auction and the inland transportation of the car + Contractor's commission + freight to the destination + insurance against the complete loss of the Goods. The user pays all of the above costs in one hundred percent BEFORE the shipment of the Goods.
  For example, CIF JAMAICA KINGSTON, the delivery of the Goods will be carried out by sea vessels in containers or in the hold of a Ro-Ro ship (Roll-on / roll-off).
"CFR and C&F" is Cost and Freight (cost of goods and shipping costs). Also, the abbreviation CFR may be used to indicate this delivery condition. The CFR delivery condition means that the Contractor is responsible for organizing the delivery of the Goods to the destination. The CFR includes: the cost of the Goods + all expenses in Japan related to the purchase at the auction and the inland transportation of the car + Contractor's commission + freight to the destination. The user pays all of the above costs in one hundred percent BEFORE the shipment of the goods. Subject to CFR delivery, the Goods are not insured. *
  For example, C&F PORT OF SPAIN TRINIDAD AND TOBAGO, the delivery of the Goods will be carried out by sea vessels in containers or in the hold of a Ro Ro ship (Roll-on / roll-off).
"CIP" - Carriage and Insurance Paid to (carriage and insurance paid until ... the final destination of the Goods is indicated). Also CPT - Carriage Paid To (The international trade term, which means that the Contractor will deliver the Goods to the named carrier).
  The CIP includes: the cost of the Goods + all costs associated with the export of Goods + the commission of the company + the cost of freight + insurance against the complete loss of cargo + further delivery by ground transport (if necessary). CPT differs from CIP only in the absence of insurance. The Contractor’s liability ends after delivery of the Goods to the carrier, which was specified by the User. **
  For example, CIP KENYA NAIROBI, the first part of the delivery of the Goods: Japan – MOMBASA by a sea vessel in the hold of a Ro-Ro ship. Further, customs clearance and reloading of equipment to a car transporter or a container truck and delivery to the city of Nairobi.
"FOB" - Free on Board. FOB delivery condition means that the User is responsible for organizing the delivery of the Goods from the export port to the destination. In this case, all contacts with the transport company, tracking the vessel, receiving the bill of lading fall on the shoulders of the User. The FOB includes: the cost of the Goods + all expenses in Japan related to the purchase at the auction + Contractor's commission. The user pays all of the above costs in full in the terms agreed upon by this agreement. Preparation of accompanying export documents rests with the User. Subject to FOB delivery, the Goods are not insured. As a rule, this delivery condition applies to container shipping.
  For example, FOB Japan Yokohama, in this case, the Goods will be delivered from the place of purchase to the export port of Yokohama.
"Ro Ro" - Roll-on / roll-off. It is sending vehicles in the hold of a ship. These ships are specifically designed for the transport of vehicles. Heavy machinery is loaded into the lower deck and cars are placed in the middle and upper decks. The ship is completely airtight, so the equipment is completely protected from atmospheric precipitation.
“Booking” is reservation of a place on a ship for its further departure.
“Deposit” is a certain amount of money that is paid by the User before the start of purchasing, as a prepayment for the Goods. It is necessary to familiarize yourself with the deposit calculation conditions on the Contractor’s website www.carvector.com in the section “Frequently Asked Questions” = “What is a deposit”. The deposit is 100% refundable until the time of the purchase of the Goods (all bank fees and commissions are paid by the User). The user will be familiarized by the Contractor’s company manager with the deposit refund scheme.
Coral Net Co., LTD is a group of companies combining several divisions involved in various activities. The main direction of the company is the import of goods from Japan.
"Carvector.com" is an Internet resource of the Coral Net Co., LTD group of companies which shows the auction base for the selection and purchase of goods (auto, motor vehicles, etc.)
* If necessary (at the request of the User), the Goods can be insured both against complete loss and from possible damage, such as dents, scratches, etc. An employee of the Contractor’s company may familiarize the User with the cost and insurance procedure.
** The terms CIF, CFR are used only to indicate the delivery method of the Goods by sea. Terms of delivery CIP means the marine method of moving cargo and its further transportation by land modes of transport.
This Agreement shall enter into force from the moment it is posted on the Internet at www.carvector.com and is valid until revoked by the Contractor.
The user accepts all the terms contained in this agreement in full and without exception. The Contractor undertakes to do everything possible within the framework of the law to satisfy all the needs of the User.
Acceptance of Public Offer is a prerequisite for the start of cooperation between the Contractor and the User. Carefully read the provisions set forth in this agreement and, if you do not agree with any clause, you are invited to refuse to purchase the goods offered by the Contractor.
 
2. SUBJECT OF THE AGREEMENT
 
2.1. The subject of this Agreement is services to provide the User with access to search and purchase of Goods on the Contractor's Website (hereinafter - the Services).
2.2. The types, content, scope, quantity, term and other conditions for the provision of Services, as well as the format for their provision, are determined by the Contractor and are indicated on the Website.
2.3. Services are provided using electronic means of communication remotely (through the Website, e-mail and other types of electronic communications).
 
3. COST OF SERVICES AND PAYMENT PROCEDURE
 
3.1. The materials of the Website are posted by the Contractor in the public domain (free of charge).
3.2. After paying the deposit, additional functions are opened to the user on the website to select the Goods and it becomes possible to place bets, as well as view the location of the purchased Goods.
3.3. The purchase of the Goods is carried out only if there is an advance payment (deposit) from the User actually received on the account of the Contractor.
3.4. The deposit can be accepted only from the User who has read This Offer and accepted it.
3.5. The user can order (buy) any available Goods from those presented on the Website. The User can also order a new good.
3.6. Prices for each good / service of the company are indicated in the national currency of Japan (Japanese Yen). Invoices for the payment of the Goods can be set in a currency convenient for the User at the current rate of the Japan National Bank.
3.7. Payment for the Services is carried out by the User by bank transfer on the terms of 100% (one hundred percent) advance payment by any of the methods specified on the Website to the bank account of Coral Net Co., LTD, within 3 (three) banking days from the date of invoice for payment.
3.8. The Contractor has the right to increase its commission by 10,000 yen or more for every fifth day of late payment.
3.9. The Contractor has the right to change the cost of the Services, after agreement with the User.
3.10. The Contractor is not responsible for the correctness and accuracy of the User's payment terms, as well as for the actions of payment system operators and delays associated with their work. All questions regarding payments should be addressed to legal entities that are owners or operators of the respective payment systems. The Contractor is not obligated to provide the User with advice on payment through payment systems, as well as to pay compensation or refund money transferred by the User through payment systems, regardless of the circumstances.
3.11. The Contractor warns the User that:
3.11.1. The Contractor does not receive from the payment system operators the personal data of the User specified by him when paying, accordingly, he is not able to verify the correctness of the payment and identify the payer;
3.11.2. The Contractor keeps a record of the Goods purchased by the User on the website in the personal account for the convenience of the User;
3.11.3. Bank charges are paid by the User.
3.11.4. All funds received by the Contractor are automatically converted to Japanese Yen on the day of purchase at the rate of KANSAI MIRAI BANK, LIMITED.
 
4. ORDER OF CONCLUSION, AMENDMENT AND TERMINATION OF THE AGREEMENT
 
4.1. Performing any of the following actions, the User accepts this Agreement and all its conditions in full, and also agrees with the conditions for the provision of Services and access to the Materials of the Website posted on the pages of the Website:
4.1.1. Registration on the website;
4.1.2. Pressing a key (button) providing for the consent to the collection and processing of personal data and the acceptance of the Terms of Agreement;
4.1.3. From the moment of performing one of the above actions, the User is considered to have acceded to these Terms of Agreement (accepted the Offer), and also confirms that he is familiar with and agrees with all its conditions.
4.2. To register on the Website, the User indicates his name and surname or the name of the legal entity of which he is a representative, as well as an email address.
4.3. After registration, the User receives an e-mail with a link to confirm registration. Information about the Goods purchased by the User (description, translation of the Auction sheet, photos) is sent to e-mail, as well as located in the User’s personal account on the Contractor’s website.
4.4. After purchasing the Goods, the User undertakes to enter in the personal account on the Contractor's website the data of the Consignee: Name and Surname (or name of legal entity), full address and contact phone number. The specified data will be used in all accompanying documents.
4.5. Refusal of the purchased Goods is possible within 1 hour after purchase. The cost of refusal is 110,000 Japanese yen and higher (depending on the auction house).
4.6. In the event the User refuses the Goods before loading, the User must pay the Contractor all expenses caused by the refusal. After the shipment of the goods, the user is obliged to accept the goods, because after shipment, the refusal of the goods is impossible.
4.7. The user is fully responsible for the accuracy of the information and data indicated by him on the Website.
4.8. This Agreement is valid until the arrival of the Goods at the destination.
4.9. In cases stipulated by the legislation of Japan, as well as in case of violation by the User of this Agreement, the Contractor is entitled to terminate this Agreement unilaterally.
4.10. The user is obliged to familiarize with the Agreement before performing the actions provided for in clause 4.1 of this Agreement. If, in the opinion of the User, the terms of this Agreement are not acceptable to him, the User has the right to refuse to accept them. In this case, he is obliged to fill out a deposit refund form (located in the User’s personal account) and contact the company manager.
4.11. The Contractor has the right to amend this Agreement (including changing, adding or excluding any clauses) with notification to the User by e-mail.
4.12. The Contractor accepts counter proposals from the User regarding amendments to this Agreement. Acceptance or rejection of the proposed changes always remains with the contractor.
4.13. The user is personally responsible for checking this Agreement for any changes in it. Continued use of the Website by the User means acceptance of the changes and additions made to this Agreement.
4.14. The User is not entitled, without the consent of the Contractor, to transfer the rights and obligations under this Agreement to another person.
4.15. The Contractor has the right to refuse or suspend the performance of its obligations under the Agreement in case of:
4.15.1. If the User performs actions that the Contractor, at its sole discretion, qualifies as non-fulfillment / improper fulfillment by the User of the obligations regulated by the Agreement;
4.15.2. If the User performs actions that, in the opinion of the Contractor, entail or may entail losses or risks of their occurrence for the Contractor.
 
5. DELIVERY
 
5.1. Delivery times depend on the destination of the Goods and are reported individually by the Contractor’s company manager.
5.2. Delivery conditions are indicated in the invoices.
5.3. The goods are shipped within 30 days, provided that:
5.3.1. The goods are fully paid;
5.3.2. The User provided all the necessary data for processing export documents;
5.3.3. The goods are fully prepared for export;
5.3.4. The goods comply with the standards of the transport company;
5.3.5. There is free space on the vessel at the indicated time interval;
5.4. The maximum term for the shipment of goods is 90 days from the date of processing of the export documents. If it is impossible to ship the Goods, the Contractor undertakes to return the advance payment for the Goods to the User’s bank account or to count the advance payment as payment for the other Goods with the consent of both Parties.
5.5. The parties stipulate only approximate delivery times for the Goods, since this depends on a number of factors independent of the Contractor, due to the handling of goods by transport companies, preparation of the Goods for export, environmental conditions and so on. The Contractor undertakes to inform the User about the transit of the Goods and provide the User with the documents necessary for the legal registration of the Goods at the destination.
5.6. The user agrees to receive the goods at the destination and at their own expense to pay all costs associated with the receipt, unloading and registration of the goods at the destination.
5.7. The contractor, upon request, provides the contact details of the customs broker who will assist in the customs clearance of the Goods. Prices and terms are set individually by a customs broker.
5.8. In case of obvious damage to the Goods during transportation, the User can expect to receive compensation from the transport company, provided that within 3 days after receipt of the Goods, the User provides high-quality digital photos of the Goods reflecting the degree of damage, as well as a description of the damage and the amount of damage. Photos must be taken at the place of receipt of the Goods by the User.
5.9. With the container method of delivery of the goods, it is necessary to make a video recording. Video recording should begin when the sealing seal is still present on the container. This is done so that the moment of removal of the seal was recorded on the video. Compensation for damage is not paid if, after examination of the photo / video materials and a description of the damage, the Contractor finds it unreliable.
5.10. An order is deemed to be executed at the time of fulfillment of the Terms of Delivery of the Goods to the destination.
 
6. RESPONSIBILITY OF THE PARTIES.
 
6.1. For failure to fulfill / improper fulfillment of obligations under this Agreement, the Parties are responsible in accordance with this Agreement and the current legislation of Japan.
6.2. The Contractor may provide a service for the resale of Goods at auction, at the expense of the User. Along with this, if the Goods must be licensed for use by a legal entity, the Contractor cannot provide the Service for the resale of these Goods.
6.3. The Contractor is not responsible for the information provided by the Auction House in the checklist or the Internet.
6.4. The Contractor shall not be liable for any visible or hidden defects of the Goods specified or not specified in the checklist received from previous use. Such defects are eliminated at the expense of the Buyer.
6.5. The Contractor recommends checking the Goods before purchase by VIN-code, as the Goods can be modified, repainted, differ in the year of manufacture and look like another model.
6.6. The Contractor undertakes to translate the checklist from Japanese into the language required by the User upon his request.
6.7. The Contractor is not responsible for the incorrectness of filling out the documents due to the User indicating the incorrect contact information: Name, Surname, phone number, address.
6.8. The Contractor is not responsible if the User encounters malfunctions or viruses when visiting the Website. Installation of the corresponding anti-virus software is in the area of ​​responsibility of the User.
6.9. The Contractor is not responsible for technical temporary failures and interruptions in the operation of the Website, e-mail and other communication channels that arose for reasons beyond the control of the Contractor or in the case of scheduled or unscheduled work on their maintenance. Also, the Contractor’s liability is excluded in case of malfunctions of a computer or mobile device from which the User accesses the Website.
6.10. The Contractor may terminate the User’s access to the Website without warning and without further notification to the User if the User commits actions that violate the copyrights of the Contractor or third parties.
6.11. The Contractor is not responsible for the management and other decisions of the User or authorized officials of the organization represented by him, both based and not based on help, recommendations, explanations provided by the Contractor, regardless of whether this condition was mentioned in the Documents posted on website or provided by the Contractor to the User or not.
6.12. The Contractor shall not be liable for damages, including real, indirect, incidental, unintentional damage, loss of profit, harm to honor, dignity or business reputation, loss of data or for any other losses incurred by the User and third parties that occurred when using or the inability to use the Website, or incurred as a result of errors, interruptions, defects, delays in work, changes in the functions of the Website, data loss.
6.13. The Contractor is obliged to deliver the goods on time; notify the User in a timely manner of all circumstances that make it difficult or impossible to fulfill his obligations to deliver the Goods;
6.14. The Contractor undertakes not to disclose any private information of the User and not to provide access to this information to third parties. But, the Contractor is not responsible if the User’s personal information has become available as a result of fraudulent actions by third parties.
6.15. The Contractor has the right to unilaterally refuse to execute this Agreement in cases of repeated violation of the payment deadlines, as well as in other cases provided for by law and this Agreement.
6.16. The User undertakes to indemnify the Contractor in full for losses incurred as a result of violation by the User of the obligations and restrictions provided for by this Agreement.
6.17. The User is responsible for ensuring the safety and confidentiality of his data when the User is registering on the Website, i.e. login or password for access to your personal account. The Contractor is not responsible for any losses incurred by the User in connection with the unauthorized use of his personal account.
6.18. The User agrees that any Materials posted (published) on the Website and / or downloaded by the User, including articles, answers to questions, recommendations and others:
6.18.1. are reflect the personal point of view of the authors and are not official in nature;
6.18.2. are relevant only at the time of their placement by the Contractor on the Site;
6.18.3. are based on Japanese regulations effective at the date of publication;
6.19. The materials obtained through the Site are used by the User exclusively for the purchase of the Goods. Using these materials, the User agrees to bear all the risks associated with this and possible legal consequences.
6.20. The user is responsible for the correct selection of the ordered Goods. Thus, if the Goods selected and purchased by the User do not suit him for one reason or another, all costs associated with its resale are borne by the User.
6.21. The user is obligated to pay within the time limits established by this Agreement and the Order.
6.22. The user undertakes to write a review on the work performed by the Contractor. The review should indicate both positive and negative (if any) parties to cooperation. Providing a video review is very welcome. Placement of feedback with the data of the Contractor on the Internet (on the Contractor's website) is negotiated with each User individually.
6.23. The Contractor’s full obligations to the User with respect to any claims arising from this Agreement may not exceed the amount paid to the Contractor by the User under this Agreement at the time of the presentation of the claim. Lost profits are non-refundable.
6.24. The parties are liable to the extent of the obligations assigned to them by this Agreement. In all other respects that are not regulated by this Agreement, the Parties shall be governed by the provisions of the current legislation of Japan.
 
7. FORCE MAJEURE
 
7.1. The Contractor is not responsible for non-fulfillment and / or improper fulfillment of obligations under this Agreement and any liability measures (forfeits, refunds and others) cannot be applied to it and any claims by the User cannot be presented if the reason for this was the occurrence of force majeure circumstances (Force Majeure).
7.2. Force majeure circumstances include circumstances such as: military operations, natural disasters, epidemics and other circumstances beyond the control of the Contractor, not related to the miscalculation or negligence of the Contractor and having an unforeseen nature.
 
8. INTELLECTUAL PROPERTY RIGHTS
 
8.1. Exclusive property rights to the Website and site Materials belong to the Contractor.
8.2. All Content, Website Materials, design and corporate identity elements, as well as technical solutions related to the Website (both registered and not registered), are recognized by the User as intellectual property subject to legal protection, and the exclusive property of the Contractor.
8.3. The content of the Website is protected by copyright and unfair competition law.
8.4. None of the clauses of this Agreement means the transfer by the Contractor to the User of any property rights to intellectual property, including subsequent changes and additions to them published on the Website.
8.5. The user has the right to use the Materials of the Website solely for personal non-commercial purposes.
8.6. The User agrees to comply with the copyrights of the Contractor and other copyright holders on the Website Materials.
8.7. The user is not entitled to perform the following actions:
8.7.1. register on the Website under other people's / false data;
8.7.2. transfer your registration data to other persons;
8.7.3. use the Website Materials for commercial purposes, including distribution, reproduction, copying and use in any way, including on magnetic or paper media, through telecommunication networks, by posting on the Internet and in other ways, as well as perform other actions that violate intellectual property law; The use of the material presented on the Website is possible only after agreement and obtaining permission from the Contractor. Indication of the source of information (Contractor's website) is a prerequisite.
8.7.4. try in any way, including by password guessing, hacking, or other actions, to gain access to the logins and passwords of other Users.
8.8. The user undertakes to comply with the requirements related to the legal protection of intellectual property, provided for by Japanese law and international standards governing relations in the field of intellectual property.
 
9. CONDITION OF NON-COMPETITION
 
9.1. The User agrees not to use the Content, Materials of the Site, design and corporate identity elements, as well as technical solutions related to the Site (both registered and not registered) for engaging in competing activities, as well as any other activity that could do harm commercial interests and business Contractor's reputation.
9.2. For the purposes of this Agreement, competing activity is understood as the entry into the market of the User and / or its affiliates with services similar to those of the Contractor.
 
10. COLLECTION AND PROCESSING OF PERSONAL DATA
 
10.1. By joining this Agreement, the User gives permission to the Contractor to collect, process and transfer personal data for the purposes specified in this Agreement.
10.2. The User’s Personal Data is understood to include the following information: Name, Surname, date of birth, address, phone number (s), email address, information about the purchased Goods, and other information received by the Contractor from the User in the process of providing the Services.
10.3. The collection, processing and cross-border transfer of the User’s Personal Data is carried out by the Contractor for the following purposes, including, but not limited to:
10.3.1. with a view to the proper execution of the Agreement, as well as the rights and obligations assigned to the Contractor by the laws of Japan;
10.3.2. for internal control and accounting of the Contractor;
10.3.3. for judicial and extrajudicial protection of the rights of the Contractor;
10.3.4. to conduct research aimed at improving the quality of the Services;
10.3.5. for marketing programs, statistical research, verification, research and analysis of the data obtained, allowing to maintain, improve and develop new types of services, as well as to promote the Services, including by sending advertising to the User (including personalized (targeted), by making direct contacts with the User using various means of communication, including, but not limited to: mailing, e-mail, telephone and (or) fax, the Internet, etc.).
10.4. Transmitting Personal Data to the Contractor through open communication channels, the User is aware and assumes the risk of unauthorized receipt of it by other persons and the consequences associated with this. The Contractor is not liable for unauthorized receipt of Personal Data by other persons during their transfer by open communication channels.
10.5. The Contractor has the right to use the Cookies technology. Cookies do not contain confidential information. The user hereby agrees to the collection, analysis and use of cookies, including by third parties for the purpose of generating statistics and optimizing advertising messages. The Contractor has access to information about the IP address of the Website visitor. This information is not used to identify the visitor.
 
11. SETTLEMENT OF DISPUTES
 
11.1. Mutual relations of the Parties not regulated by the terms of this agreement shall be regulated in accordance with the laws of Japan.
11.2. The parties will take all reasonable measures to pretrial resolve disputes and disagreements arising from this Agreement through negotiations, correspondence and claims.
11.3. Claims are submitted in writing and are considered by the other Party within 30 (thirty) days from the date of receipt of the claim. The user must receive confirmation from the Contractor that he has received a claim.
11.4. If the Parties do not reach agreement on the merits of the dispute, and also if the Party does not provide an answer to the claim within the specified time, each of the Parties has the right to apply to the court.
11.5. All disputes are resolved in court at the location of the Contractor (contractual jurisdiction).
 
12. FINAL PROVISIONS
 
12.1. Mutual relations of the Parties not regulated by the terms of this agreement shall be regulated in accordance with the laws of Japan.
12.2. For interaction under this Agreement (notifications, messages, etc.), the Parties will use the User's email address provided by him during registration or other actions on the Website. The Contractor's email address specified on the Website in the "Contacts" section. A message sent by the Contractor to the User via e-mail will be considered as received by the User at the time of its sending by the Contractor. If necessary, for communication purposes under this Agreement, other communication methods may be used.