SERVICE AGREEMENT FOR EPD PUBLICATION

IN THE INTERNATIONAL EPD® SYSTEM
VERSION: 2021-02-09 INCLUDING ITS APPENDIX

INTRODUCTION
This is the Service Agreement (hereafter “Agreement”) for Environmental Product Declarations (“EPD”) under the International EPD® System, held and operated by the programme operator EPD International AB, (“Agreement”).

The Agreement is applicable to companies and associations developing and registering EPD(s) under the International EPD® System, (hereafter “EPD owners”) in all countries except in those countries where EPD registration is handled via a regional partner assigned by EPD International AB. See www.environdec.com for current information and contact details to the regional partners.

DESCRIPTION OF SERVICE ETC.
Following the procedure set out in the General Programme Instructions a company or association may be classified as an EPD owner under the International EPD® System.

The International EPD® System is open for EPD registration from all countries, but please note that due to current or future sanction regimes (e.g. prompted by the United Nations, the European Union or others), EPD International AB reserves the right to decline EPD registrations from such countries. Please contact the International EPD® System Secretariat before preparing applications for EPD(s) in case of any doubts.

The scope of the EPD services provided by EPD International AB as the programme operator, is defined and detailed in the currently applicable General Programme Instructions of the International EPD® System, this Agreement, and the applicable Product Category Rule (“PCR”) for the EPD(s) included in this Agreement. Information about fees and terms and conditions for registration is available on the website of the International EPD® System (www.environdec.com/pricing).

By this Agreement the EPD owner undertakes to apply the terms and conditions under Agreement including its appendix, and the from time to time applicable General Programme Instructions and PCR, as well as any other governing rules and policies of the International EPD® System. The EPD owner understands and accepts that EPD(s) may be de-registered by EPD International AB if the EPD owner does not apply these terms and conditions.

INFORMATION ABOUT EPD OWNER & INVOICING
The EPD owner shall keep the contact information as provided in the EPD Portal upon registration updated.

The invoice address and VAT information provided in the EPD Portal should be to the EPD owner (not to a consultant or the verifier of EPDs).

DOCUMENTATION
The following documents shall be submitted to EPD International AB for EPD registration and publication:

  • EPD in PDF format. The verified EPD may be provided in one or multiple languages, and in multiple versions formatted for desktop computers or mobile use. If the EPD is not available in English, it shall contain an executive summary in English that includes the main content of the EPD;
  • Verification report in English as provided by the verifier. For companies/associations with an active EPD Process Certification, the certificate shall be provided. The following information shall be submitted for the listing at www.environdec.com:
  • Product description in English;
  • Picture of the declared product or service;
  • List of products included in the EPD;

The documentation shall preferably be submitted via the EPD Portal if not otherwise agreed with the EPD International.

APPENDIX TO SERVICE AGREEMENT
FEES, INVOICING ETC.

Information about fees and terms and conditions for registration is available on the website of the International EPD® System (www.environdec.com/pricing). Fees under the International EPD® System may be revised, see section Changes of fees etc. below.

Fees are exclusive of any value added tax.

International transactions are exempt from VAT if the VAT number of the company or association has been provided in the EPD Portal.

Payments of fees are due thirty (30) days from the date of the invoice of EPD International AB.

An electronic EPD registration certificate can be provided free of charge upon request, to info@environdec.com.

TERM, PERIOD OF REGISTERATION AND PUBLICATION
The term of this Agreement is indefinite in time and may be terminated by the EPD owner or by EPD International AB by giving the other party at least thirty (30) days written notice. In case of termination no fees will be refunded to the EPD owner.

Registered EPD(s) under this Agreement remain registered and published during the validity of the Agreement and as long as the applicable fees are paid in due time and under the condition that the EPD owner applies the terms and conditions under this Agreement, the currently applicable General Programme Instructions and the applicable PCR. Thus, EPD International AB will de-register EPD(s) if fees are not paid in due time or in case of non-conformance with these terms and conditions.

The EPD owner shall inform EPD International AB when an EPD is to be de-registered and thus no longer being published, by giving thirty (30) days’ written notice to EPD International AB at info@environdec.com.

CHANGES OF FEES, CHANGES OF TERMS AND CONDITIONS
Fees may be subject to change by decision of EPD International AB. Changes are published at www.environdec.com and communicated in writing to EPD owners with a notice period of no less than thirty (30) days.

The General Programme Instructions may be subject to change by decision of EPD International AB. Changes are published at www.environdec.com and communicated to EPD owners with a notice period of no less than thirty (30) days.

If the EPD owner does not accept changes of fees or changes of the General Programme Instructions the EPD owner may terminate this Agreement by giving thirty (30) days written notice to EPD International AB, by which the EPD owner’s registered EPD(s) will be de-registered and no longer published. For the avoidance of doubt, in case the EPD owner holds several Agreements, only those Agreements that are terminated will cause a de-registration of the relevant EPD(s).

In case of de-registration of EPD(s), irrespective if it is decided by EPD International AB, see above under “Term, period of registration and publication” or by termination of this Agreement by the EPD owner, no fees will be refunded to the EPD owner.

TRADEMARKS
IVL Svenska Miljöinstitutet AB is the registered holder of the following trademarks:

  • EPD (word mark) with reg no 1436831
  • EPD (figurative mark) with reg no 8408478

hereafter collectively the “Trademarks”. IVL Svenska Miljöinstitutet AB has licensed the Trademarks to its subsidiary EPD International AB, with a right for EPD International AB to sublicense the Trademarks.

For the purpose of registering and publishing EPDs under this Agreement, EPD International AB hereby grants the EPD owner a limited non-exclusive right to use the Trademarks in respect of the EPD(s) listed above in this Agreement. The license is limited to the countries where the Trademarks are registered. The Trademarks are registered in the countries being the most important markets for the International EPD® System, however please contact the International EPD® System Secretariat for information about current registrations. Any use of the Trademarks in countries where no registration of the Trademarks exist is made on the risk and liability of the EPD owner and EPD International AB takes no responsibility whatsoever for such use. The EPD Owner shall only use the Trademarks in respect of the EPD(s) in the shape and manner as EPD International AB has specified in the General Programme Instructions.

The right to use the Trademarks as defined above is limited to the period when the EPD(s) is/are published by EPD International AB under the Agreement. Upon the expiry or termination of the period when the EPD(s) is/are published by EPD International AB, for whatever reason, all licenses automatically and without further actions cease to apply and shall revert to EPD International AB, and the EPD owner shall make no further use of any of the Trademarks. Upon EPD International AB’s written request, an authorized representative of the EPD owner shall confirm in writing that all use of the Trademarks has ceased.

The EPD owner has no right to the Trademarks other than what is expressly stated in this Agreement.

The EPD Owner’s rights and obligations under this Agreement may not be further assigned by way of sublicense, subcontracting agreement or in any other way.

The EPD owner shall during the period when the EPD(s) is/are published by EPD International AB under the Agreement and thereafter not take, or allow, any measures which are detrimental to the distinctive character or repute of the Trademarks or of EPD International AB.

The EPD owner acknowledges that IVL Svenska Miljöinstitutet AB is the exclusive owner of all the rights in respect of the Trademarks. Nothing in the Agreement confers or shall confer the EPD owner any ownership right, title or interest in any of the Trademarks. The EPD owner undertakes, during the period when the EPD(s) is/are registered and published under the Agreement and thereafter, not to register any of the Trademarks, or any other distinctive marks in connection with any of the Trademarks, or other trademark(s) that may be misleading or create a likelihood of confusion in relation to any of the Trademarks.

LIABILITY
EPD International AB is liable for damage caused to the EPD owner only in case of proven negligence. EPD International AB’s total liability under this Agreement is limited to an amount equal to the total amount of fees that EPD International AB has received from the EPD owner under this Agreement, however maximum €10,000. EPD International AB’s liability is limited to direct damage and loss and exclude any liability for loss of profit or any other indirect damage or loss.

The EPD owner has full responsibility for all its activities and use relating to the EPD(s) under this Agreement. The EPD owner is solely responsible for all claims, including product liability claims, that may arise in connection with the EPD owner’s use, manufacture and sale of products referring to or using the EPD and the use of the Trademarks. In the event of such claim being made by a third party against EPD International AB the EPD owner shall indemnify EPD International AB in full.

AMENDMENTS ETC.
Only those amendments and additions to this Agreement that are made in writing and signed by EPD International AB and the EPD owner are valid.

The EPD owner may not wholly or partly assign or pledge its rights and obligations under this Agreement to any third party except with the prior written consent of EPD International AB.

CHOISE OF LAW, DISPUTES
This Agreement shall be governed by Swedish law.

Any dispute, controversy or claim arising out of or in connection with this Agreement, or the breach, termination or invalidity thereof, shall be finally settled by arbitration administered by the Arbitration Institute of the Stockholm Chamber of Commerce (SCC). The Rules for Expedited Arbitrations shall apply, unless the SCC in its discretion determines, taking into account the complexity of the case, the amount in dispute and other circumstances, that the Arbitration Rules shall apply. In the latter case, the SCC shall also decide whether the Arbitral Tribunal shall be composed of one or three arbitrators. The seat of arbitration shall be Stockholm, Sweden. The language to be used in the arbitral proceedings shall be English.