Electronic Notices
Arthur & Charlie's Clause
Arthur & Charlie’s 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.
Why use this?
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.
Arthur & Charlie's Clause adapts part of [Nico's Clause] 'Coolerplate' Clauses (Climate Aligned Boilerplate) for use in Aotearoa New Zealand.
How to use this clause
Disclaimer - please read
The clauses on this website have been prepared in good faith on a pro bono basis and are free to download and use. The clauses have been drafted and edited by a variety of lawyers and, as such, the approaches to drafting may not conform to any particular drafting norms. We acknowledge this as a consequence of the collaborative drafting process.
The clauses on this website are provided on an ‘as is’ basis and without any representation or warranty as to accuracy or that the clauses will achieve the relevant climate goal or any other outcome.
The clauses on this website do not comprise, constitute or provide personal, specific or individual recommendations or advice of any kind, and do not contain legal or financial advice. The clauses are precedents for legal professionals to use, amend and negotiate using their professional skill and judgement and at their own risk.
While care has been taken in the drafting of these clauses, neither The Chancery Lane Project nor any of its contributors owe a duty of care to any party in relation to their preparation and do not accept any liability for any errors or omissions, nor for any loss incurred by any person relying on or using these clauses or any other person. Users should use their own professional judgement in the application of these clauses to any particular circumstance or jurisdiction or seek independent legal advice.
The clause
Additional clauses
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’.]