Arthur and Charlie's Clause

Electronic Notices

This clause ensures that any notice provided under the agreement must be delivered in a manner that minimises travel and the use of paper. It can be used in any commercial agreement. 

Jurisdiction: Aotearoa New Zealand

What this clause does

Many contracts already contemplate electronic delivery of notices. Printing notices is energy-intensive and has a significant carbon and water footprint. Posting notices generates emissions through the use of fossil fuels to power the vehicles that deliver them.

This clause adapts part of [Nico's Clause] 'Coolerplate' Clauses (Climate Aligned Boilerplate) for use in Aotearoa New Zealand. 


1. Electronic notices preferred 

1.1 Any party providing a notice under this [document] will do so electronically, provided that, if that party is unable to effect or confirm delivery of the notice electronically, or delivery of the notice electronically is not permitted by law, it will [to the extent practicable][use reasonable endeavours (to the extent practicable)]*: 

(a) use [FSC-certified**][recycled] paper and non-solvent-based ink when printing a notice; and

(b) if the notice is being delivered by hand, courier or post, use a delivery method that minimises the associated [greenhouse gas emissions]*** [(for example, by using a courier service that utilises electric vehicles or is certified as carbon neutral)].

* [Drafting note: The second option can be used where the parties want to include an additional qualifier (where ‘to the extent practicable’ alone might impose a standard they do not consider they can meet). If using the second option, add ‘to’ before ‘use’ in 1.1(a).]

** [Drafting note: FSC refers to the Forest Stewardship Council, an international non-governmental organisation dedicated to promoting responsible management of the world’s forests.]

*** [Drafting note: If this clause is being used in a document that contains other TCLP clauses, this could be replaced with the defined term ‘Greenhouse Gas Emissions’.]

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