Furthermore section 103 of the Evidence Act but the burden of proof of any particular fact on the person who wants to assert the fact to the court and the circumstances of the case it was upon the defendants to prove that the purported email was sent and received. Citing TREITEL ON CONTRACT, TWELFTH EDITION at page 240 para 7-003 a party who wishes to rely on an exemption clause must show that the clause has been incorporated into the contract. In the case of LACEYSFOOT WEAR V BOWLER INSURANCE [1997] 2 LLOYDS a condition will be incorporated into a contract only if the latter party knew the document contained it or reasonable notice of it was given. Counsel submitted that an exclusion clause is an integral part of the contract and such a term must thus be brought to the attention of the other party as per SPURLING LTD V BRADSHAW [1956] 2 ALL ER 121. According to Lord Denning MR if the clause is of such a nature that the party adversely affected would not expect it then the other party cannot incorporate it just by handing over or displaying the document but must make it conspicuous. Counsel further submitted that according to SCHMITTHOFF EXPORT TRADE: THE LAW AND PRACTICE OF INTERNATIONAL TRADE, at page 67 in instances where there is an agreement and the seller wants to incorporate standard terms into the contract, the seller must obtain the buyers UNQUALIFIED CONFIRMATION before carrying out the contract especially when such negotiations are carried out by correspondence. The evidence on the record does not prove that the email Exh. D2 (ii) was delivered to the Plaintiff or that the alleged terms were ever brought to the attention of the Plaintiff. As far as the testimony of Jabez is concerned counsel submitted that he has left the company and it was not possible to call him to testify and further still in the circumstances of the case it was not necessary to bring the evidence of Jabez Lin as the defendant had failed to prove that he delivered the communication to the Plaintiff or even Jabez Lin himself. As far as admission of exhibit D2 (ii) is concerned counsel submitted that the document was not admitted as having been delivered and the question before court is whether the said exhibit was brought to the attention of the Plaintiff. The document presented before court had no recipients' address and no evidence at all that it was in fact sent. As far as the email exhibit D2 (ii) is said to contain the defendants terms and conditions of service, counsel submitted that acceptance will only be held to have occurred when the email is received by the offeree. In BERNUTH LINES LTD V HIGH SEASSHIPPING LTD [2006] 1 All ER (Comm) 359 it was held that it 14