are transported at the owners risk and it was communicated to Plaintiff and that he personally sent the email to Mr. Jabez. However, in cross examination he testified that Exh. D2 (ii) page 24 does not show the email address that he used and it does not show the email address of the recipient. Counsel contended that the defendant wanted this court to believe that they were carriers by contract under the terms stipulated in Exhibit D2 (ii) and Exhibit D3 and having communicated the same to the Plaintiff by email. Counsel contended that the evidence on record does not prove that the email Exh. D2 (ii) was ever delivered to the Plaintiff. Counsel relied on the case of SECURICORCOURIER (K) LTD versus BENSON DAVID ONYANGO and MARGARET R. ONYANGO CIVIL APPEAL NO. 323 OF 2002 COURT OF APPEAL, NAIROBI it was held that and the exemption clause has to be brought to the attention of the person against whom it is to operate at the time of making the contract and it becomes part of the contract. Reference was made by the court to Thornton vs. Shoe Lane Parking Ltd. [1971] 2 Q.B. 163; Interfoto Picture Library Ltd vs. Stiletto Visual Programmes Ltd. [1989] 1 Q.B. 433) that an exemption clause can be incorporated in a contract by, inter alia, signature or notice." Counsel submitted that persons who rely on a contract to exempt themselves from their liability must prove that contract strictly and the only way was by handing to him at the time of the contract a written notice specifying its terms and making it clear to him that the contract was on those terms and no other. Proof of delivery is a method to establish the fact that the recipient received the contents sent by the sender. When the sender sends documents through mail there is a possibility of the same not reaching the intended recipient. Legal complications arise if the recipient company refutes receiving an email. Emails are not easily admissible in evidence because they can be altered after sending copies of the same are not necessarily proof of delivery to the specific recipient. Learned Counsel for the Plaintiff relied on the opinion in BACK TO THE FUTURE: LORRAINE V. MARKEL AMERICAN INSURANCE CO. AND NEW FINDINGS ON THE ADMISSIBILITY OF ELECTRONICALLY STORED INFORMATION on the American position at page 366. It was observed that electronic evidence comes in many forms and it is no secret that someone highly adept with computers has the ability to make viewers see whatever he or she wants them to see. The common law rule that acceptance of an offer takes place when notice of it is posted and not when it is received by the offeror does not apply in the era of electronic email, since the sender needs to demonstrate proof of receipt, when the email was sent and other matters of authentication. Unfortunately, as with physical letters, proof of sending is not proof of receipt. 6