The Environmental Goods Agreement is designed for use in commercial transactions involving environmentally sustainable products, technologies, or services within New Zealand's jurisdiction. This agreement type is particularly relevant in today's context of increasing environmental awareness and regulatory requirements for sustainable business practices. It incorporates essential elements of New Zealand's environmental legislation, including the Resource Management Act 1991, Fair Trading Act 1986, and Climate Change Response Act 2002, while also considering international environmental standards and trade obligations. The document is structured to address specific requirements for environmental certification, compliance monitoring, and sustainability commitments, making it suitable for businesses engaged in the supply, purchase, or distribution of environmental goods. It includes provisions for environmental impact assessment, certification requirements, performance standards, and compliance monitoring, while also considering New Zealand's unique environmental protection framework and Treaty of Waitangi obligations.
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1. Parties: Identifies and provides details of all parties entering into the agreement
2. Background: Sets out the context and purpose of the agreement, including environmental objectives
3. Definitions: Defines key terms used throughout the agreement, including specific environmental and technical terms
4. Environmental Standards and Specifications: Details the environmental requirements, certifications, and standards that the goods must meet
5. Supply Terms: Specifies the terms and conditions for the supply of environmental goods, including quantity, quality, and delivery requirements
6. Price and Payment: Details the pricing structure, payment terms, and any environmental premiums or certifications costs
7. Compliance and Certification: Outlines requirements for environmental compliance, including necessary certifications and ongoing monitoring
8. Warranties and Representations: Specifies warranties regarding environmental claims, product performance, and compliance with regulations
9. Risk and Title: Addresses transfer of risk and ownership of the goods
10. Term and Termination: Specifies the duration of the agreement and circumstances for termination
11. Dispute Resolution: Sets out the process for resolving disputes, including environmental compliance issues
12. General Provisions: Contains standard boilerplate clauses adapted for environmental context
1. Environmental Impact Assessment: Required when the goods may have significant environmental impacts requiring detailed assessment and monitoring
2. Indigenous Rights and Treaty of Waitangi: Include when the environmental goods or their use may affect Māori interests or Treaty obligations
3. Carbon Credits and Emissions Trading: Necessary when the environmental goods involve carbon credits or emissions trading components
4. Research and Development: Include when the agreement involves ongoing development of environmental technologies
5. Intellectual Property: Required when the environmental goods involve proprietary technology or innovative environmental solutions
6. Government Approvals: Include when specific regulatory approvals or permits are required
7. Training and Support: Necessary when the environmental goods require specific training or ongoing technical support
8. End-of-Life Management: Include when the goods require specific disposal or recycling procedures
1. Schedule 1: Product Specifications: Detailed technical and environmental specifications of the goods
2. Schedule 2: Pricing Schedule: Detailed breakdown of prices, including any environmental certification costs
3. Schedule 3: Environmental Certifications: Copies or details of required environmental certifications and standards
4. Schedule 4: Compliance Requirements: Detailed compliance requirements and monitoring procedures
5. Schedule 5: Service Level Agreement: Performance metrics and service levels for environmental goods
6. Appendix A: Environmental Impact Reports: Supporting environmental impact assessments and reports
7. Appendix B: Testing Procedures: Procedures for testing and verifying environmental compliance
8. Appendix C: Disposal Guidelines: Guidelines for proper disposal or recycling of the environmental goods
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