In these ERP Norway Membership Terms and Conditions, the words Producer, Authorised Representative, Electrical and Electronic Equipment (EEE), Waste Electrical and Electronic Equipment (WEEE), Batteries and Accumulators, Waste Batteries and Accumulators (WBA), Packaging, Waste Packaging, and Scheme shall have the meaning attributed to them, in their original language, in the Regulations. Including chapters 1, 3 and 7 of the Waste Regulations
1. OBLIGATIONS OF ERP
a) ERP operates a return company and offer the services for collection, processing, registration and reporting in accordance with the requirements for return companies in the section above.
b) If ERP provides Authorised Representative Services to the Member, ERP shall: ensure that it fulfils all obligations assigned to the Authorised Representative under the WEEE Regulations, especially to be recognized as an Authorised Representative of the Member by the Appropriate Authorities.
C) ERP does not hold its own permit for packaging (cf. Chapter 7 of the Waste Regulations), but provides this service from Grønt Punkt AS.
2. OBLIGATIONS OF THE MEMBER
a) If the member manufactures EEE or Batteries directly on the Norwegian Territory or is subcribing to AR service, provide to ERP information on EEE or Batteries (per category and weight) that it has put on the market in Norway each quarter, no later than 5 (five) calendar days after each quarter. The Member shall correct immediately any inaccurate information it has provided.
b) If the Member does not manfuacture EEE or Batteries on the Norwegian Territory, the Member hereby gives its consent to ERP to receive import and export data of the Member directly from the Appropriate Authorities (which in this case may be without limitation Statistics Norway or Customs Office) as may be required to fulfil the Member’s obligations under the Regulations. If requested by ERP, the Member shall fill in a separate authorisation for that purpose.
c) The member must sign the Standard Agreement and relevant documents with Grønt Punkt in order for ERP to provide these services for Packaging according to this agreement.
3. CONTROL PROCEDURES
ERP may require further information from the Member in order to verify or complete any information provided by the Member or appoint an independent third party to audit and verify the completeness or accuracy of any information provided. The Member shall coopoerate with these verifications and provide required documentation. The Member may pay for the costs of the audit iif the outcome is that there were breaches from the Member
4. SERVICE FEE, INVOICING AND PAYMENT
The Member shall pay to ERP a service fee (the “Service Fee”) calculated for the different services and invoiced by ERP on a monthly basis, unless otherwise is notified. ERP may adjust the Service Fees annually, on the latest one (1) month before entering into force, or at anytime upon fifteen (15) days written notice in case of events that could affect the calculation of costs (e.g. increase of volumes collected, additional requirements from the Authorities) or other events connected to logistics or recycling market trends (such as energy or fuel costs, market price for raw material). In the event of late payment, late payment interest is calculated i in accordance with the Interest on Default Act.
Both Parties should keep confidential any information about the other Party related to the Membership Agreement, and shall not divulge or communicate it, save with the prior consent in writing of the other Party, to any person other than to its employees, subcontractors, parent companies or professional advisers or auditors or any administrative authorities or as required to implement the Membership Agreement, (e.g. reporting to the authorities) or otherwise required by law or by a judicial or regulatory body. ERP may however disclose that the Member is part of the Scheme.
6. LIABILITY AND INDEMNIFICATION
The Member will indemnify ERP from and against all losses, costs and expenses whatsoever (including all reasonable legal d expenses), arising from or in connection with (i) any failure by the Member to its obligations under the Agreement, (ii) any failure by the Member to pay the amounts due to ERP. In no event will either Party be liable to the other for any special, indirect, or consequential damages (including but not limited to loss of profits or economic loss) arising directly or indirectly out of any performance of the Agreement. The total liability of ERP under the Membership Agreement shall not exceed the total Service Fees actually paid by the Member during the calendar year when the claim was presented.
7. TERM, TERMINATION AND EVOLUTION
This Agreement shall be valid from the date mentioned on the first page until (a) either Party gives written notice to the other party no later than June 30, taking effect at the end fo the calendar year (b) ERP ceases to be permitted to operate the Scheme under the Regulations; (c) if the Member commits a material breach which is not capable of remedy, or not remedied within a maximum of thirty (30) calendar days after written notice or (d) in case of the AR Services, All the obligations, which, by nature, do not become null and void when the Agreement is terminated shall remain applicable until their full execution and shall apply to the authorised transferee and successors of the Parties.
The Parties, however, agree that payment obligations of the Member regarding the Compliance Period(s) during which the Member has purchased compliance Services from ERP shall remain in full force and effect until the final national clearing regarding such Compliance Period(s). Such termination cannot be effective, when Authorized Representative Services are delivered, as long as ERP is considered by the Appropriate Authorities as the Authorized Representative of the Member.
Subcontractors. ERP may at any time and at its own discretion appoint subcontractors to manage the Scheme or provide some or all of the Services.
Notices. Any notice or other communication given or made under the Membership Agreement shall either sent by registered letter or email.
No waiver. Failure or delay of either Party to enforce or to exercise at any time or for any period of time any term of or any right pursuant to the Agreement does not constitute, and shall not be construed as, a waiver of such term or right and shall in no way affect that Party’s right later to enforce or to execute it.
Amendment. ERP may amend any other provision of this Agreement by giving notice to the Member of the amendment no later than 3 calendar months before taking effect, except if such modification is required due to any change in any applicable law or statutory or non-statutory guidance in which case it can do it upon six weeks’ written notice to the Member (which notice may be served at any time).
Applicable Law and jurisdiction. The Parties agree that the construction, validity and performance of this Agreement shall be governed by the laws of Norway. The Parties agree to Drammen as their legal venue. In the event of any dispute , the Parties shall first attempt to resolve such dispute amicably. Should such amicable discussion not lead to any agreement, the Parties shall try to find an agreement pursuant to the Ordinary Civil Procedure Act in force at any time when such proceedings are commenced, and the language of the proceedings shall be Norwegian.
Severability. If any term of the Membership Agreement is found to be illegal or unenforceable under any applicable law, such term shall, insofar as it is severable from the remaining terms, be deemed omitted from the Membership Agreement and shall in no way affect legality, validity or enforceability of the remaining terms.
All Agreement. The Agreement contains this (with its Schedules) contains ERP Norway Membership Terms and Conditions, the Fee annex as might be updated by ERP as well as the first page of the Agreement. All terms agreed between the Parties regarding its subject matter and supersedes any prior written agreement, understanding or arrangement between the Parties, whether oral or in writing.