Climate Contract Playbook Edition 3
23
Recital The parties acknowledge that the UK Government has committed to bring all greenhouse gas emissions to net zero by 2050 pursuant to the Climate Change Act 2008 (2050 Amendment) Order 2019. The parties have undertaken assessments of their respective carbon emissions and [the supplier][the parties] have undertaken an assessment of the carbon footprint of [the product/service] to be supplied pursuant to this contract.
At Purchase Warranty Add these definitions:
“ Carbon Footprint ”: the amount of [carbon dioxide equivalent emissions] that will be released into the atmosphere as a result of the [manufacture/supply/use] of [the Product/Service/Business Operation/ Project] [determined in accordance with international carbon reporting practice, being the accepted practice from time to time in relation to reporting for the purposes of the protocols to the United Nations Framework Convention on Climate Change]. As a Condition of this Agreement the Supplier Warrants that 1.1 it has undertaken an assessment of the Carbon Footprint;
1.2
[so far as it is aware,] the Carbon Footprint projected to be incurred as set out in [the Schedule] is true and accurate as at the date of this Agreement.
The Supplier Undertakes:- 2.1
to develop and implement a plan of continuous improvement with the objective of reducing the Carbon Footprint [throughout the [Contract Term]] [by [set reduction target] [per Contract Year]] [and shall provide a copy of that plan to the Purchaser on request]
2.2
to re-assess the Carbon Footprint every [one][three] [Contract Years];
2.3
to provide the Purchaser with a written confirmation of the results of each assessment within one month of the completion of each assessment under clause [2.2]; The Supplier shall at the Purchaser’s request arrange for [the Carbon Trust] to undertake an independent assessment and verification of the Carbon Footprint and make a copy of the results of that assessment and verification available to the Purchaser as soon as reasonably practicable after receipt [(but no more than once in any period of [ ] Contract Years)].
3.
[Note on Remedies – consider mechanism akin to liquidated damages in Jessica’s Clause]
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