Dear Supplier,
Carbon Trust Accredited Supplier Scheme
Thank you for your interest in the Carbon Trust Accredited Supplier scheme, the
market-leading accreditation scheme for high quality energy efficient equipment and
renewable technology suppliers. Please find enclosed your application form and
accreditation agreement. You now simply need to complete and return these
documents and a minimum of three case studies.
You should use the application form and case studies as an opportunity to
demonstrate your company’s achievements and capabilities. Please ensure that any
referees included in your application are made aware of this fact and that we may
contact them to ask for feedback regarding your performance. Only suppliers who
meet our quality threshold will be accredited.
We aim to assess your application within three weeks. If your application is
successful, we will then invoice you for the annual Accreditation Fee of £1,499 (plus
VAT).
Upon being accredited, you will benefit from the following:

Listing on our Green Business Directory, hosted on the Carbon Trust website
which currently receives over 400,000 unique visitors per year

Licence to refer to yourself as a Carbon Trust Accredited Supplier and use the
Carbon Trust Accredited Supplier logo

Signed accreditation certificate
We look forward to receiving your application and, if successful, working with you in
the months and years ahead to help more organisations in the UK enjoy the benefits
of energy efficient and renewable energy equipment and solutions.
Should you require any assistance or have any questions, please do not hesitate to
get in touch.
Yours sincerely
Matt Kitching
Associate, Business Services
Carbon Trust Advisory Limited
4th Floor, Dorset House, 27-45 Stamford Street, London, SE1 9NT
T: +44 (0)20 7170 7000 F: +44 (0)20 7170 7020 www.carbontrust.co.uk
Carbon Trust Advisory Limited is a limited company registered in England and Wales Number 06274284
Registered at 4th Floor, Dorset House, 27-45 Stamford Street, London, SE1 9NT
CARBON TRUST ACCREDITED SUPPLIER SCHEME
APPLICATION FORM
Carbon Trust Advisory Limited
4th Floor, Dorset House, 27-45 Stamford Street, London, SE1 9NT
T: +44 (0)20 7170 7000 F: +44 (0)20 7170 7020 www.carbontrust.co.uk
Carbon Trust Advisory Limited is a limited company registered in England and Wales Number 06274284
Registered at 4th Floor, Dorset House, 27-45 Stamford Street, London, SE1 9NT
Suppliers or contractors with a significant track record in the design, supply and
installation of energy efficient equipment and renewable energy technologies are
eligible to apply for accreditation status. The scheme recognises all proven
technologies including:
•
aM&T (Automatic Metering & Targeting)
•
Biomass

Catering equipment
•
Compressed air
•
Controls

Energy efficient hand dryers

Energy efficient UPS/IT

Heat pumps

Heat recovery ventilation
•
Heating, ventilation & air conditioning (HVAC)
•
Insulation
•
Lighting
•
Motors & drives

Power supply and storage
•
Process heating and cooling
•
Refrigeration

Solar PV

Solar thermal

Steam systems

Water-saving technologies

Waste reduction technologies

Wind
To apply to become a Carbon Trust Accredited Supplier, applicants are required to
electronically submit the following documents to info@carbontrust.com

Completed Application Form (this document), including a Declaration signed
by a Director of the applicant company; and

Case Studies with referee contact details – see section 3 for requirements
and guidance at the end of this Application Form
Carbon Trust Advisory Limited
4th Floor, Dorset House, 27-45 Stamford Street, London, SE1 9NT
T: +44 (0)20 7170 7000 F: +44 (0)20 7170 7020 www.carbontrust.co.uk
Carbon Trust Advisory Limited is a limited company registered in England and Wales Number 06274284
Registered at 4th Floor, Dorset House, 27-45 Stamford Street, London, SE1 9NT
If you have any queries please contact the Accreditation Team on 020 7170 7000
or info@carbontrust.com
Following a successful review of your application, accreditation will only come into
effect upon acceptance and return of a completed Accreditation Agreement and the
associated Accreditation Fee.
Carbon Trust Advisory Limited
4th Floor, Dorset House, 27-45 Stamford Street, London, SE1 9NT
T: +44 (0)20 7170 7000 F: +44 (0)20 7170 7020 www.carbontrust.co.uk
Carbon Trust Advisory Limited is a limited company registered in England and Wales Number 06274284
Registered at 4th Floor, Dorset House, 27-45 Stamford Street, London, SE1 9NT
1.
APPLICATION AND ADMINISTRATION DETAILS
1
1.1 Contact Details – Supplier
Company Name:
Company
Registration Number:
VAT number
Street Line 1:
Street Line 2:
Postcode:
Fax Number:
Website:
Primary Contact
This person is the main point of contact.
Forename:
Surname:
Job Title:
Telephone Number:
Mobile Number:
Email Address
Alternate Contact
Contacted if the primary contact is unavailable.
Forename:
Surname:
Job Title:
If the services are provided by a specific division within a corporate entity, please provide further details
in Annex 1
1
Carbon Trust Advisory Limited
4th Floor, Dorset House, 27-45 Stamford Street, London, SE1 9NT
T: +44 (0)20 7170 7000 F: +44 (0)20 7170 7020 www.carbontrust.co.uk
Carbon Trust Advisory Limited is a limited company registered in England and Wales Number 06274284
Registered at 4th Floor, Dorset House, 27-45 Stamford Street, London, SE1 9NT
Telephone Number:
Mobile Number:
Email Address:
1.2 Regional Preferences
Please confirm the geographic regions in which you operate by entering Y or N in the
appropriate boxes.
Regional Preferences
Y/N
Regional Preferences
Y/N
East of England
...
East Midlands
...
North East England
...
West Midlands
...
South East England
...
Yorkshire & the Humber
...
North West England
...
Wales
...
South West England
...
Scotland
...
Greater London
...
Northern Ireland
...
Republic of Ireland
...
EU
...
2.
SKILLS AND EXPERIENCE
2.1 Company Key Information
2.1.1 Please indicate how many full time employees there are in the company:
2.1.2 Please indicate approximately what proportion (%) of your revenue is
generated from each of the following project sizes:
£0-50k
e.g. 50%
£50k-100k
e.g. 30%
£100k-200k
e.g. 15%
>£200k
e.g. 5%
NB: This is for project matching purposes only; we envisage that our customers will
require project solutions across a wide spectrum of cost.
Carbon Trust Advisory Limited
4th Floor, Dorset House, 27-45 Stamford Street, London, SE1 9NT
T: +44 (0)20 7170 7000 F: +44 (0)20 7170 7020 www.carbontrust.co.uk
Carbon Trust Advisory Limited is a limited company registered in England and Wales Number 06274284
Registered at 4th Floor, Dorset House, 27-45 Stamford Street, London, SE1 9NT
2.1.3 Sector experience
Please tick which of the following sectors you have experience of working in:
Building Type
Agricultural
Industrial - Manufacturing
Industrial - Warehouse and Storage
Wholesale/Retail
Hospitality
Transport and Communications
Offices
Housing
Government
Education
Healthcare
Recreational/Cultural
Sports halls and pools
External Space
Other: please specify:
Other: please specify:
Other: please specify:
Carbon Trust Advisory Limited
4th Floor, Dorset House, 27-45 Stamford Street, London, SE1 9NT
T: +44 (0)20 7170 7000 F: +44 (0)20 7170 7020 www.carbontrust.co.uk
Carbon Trust Advisory Limited is a limited company registered in England and Wales Number 06274284
Registered at 4th Floor, Dorset House, 27-45 Stamford Street, London, SE1 9NT
2.1.4 Please detail below Industry Accreditations, Memberships, Standards, and
Awards, held by the company e.g. B&ES, LIA, ECA. Include the:

Date of initial attainment and reaccreditation;

Third-party awards won by the company giving the name of the
awarding body, citation, and date
3.
TECHNOLOGY SPECIFIC CRITERIA
3.1 Technology groups
Please list the key technology groups for which you are seeking accreditation e.g.
lighting, controls, HVAC, solar PV, etc.
NB: for each key technology area listed you will need to provide at least one
summary case study, submitting a minimum of three case studies overall. (E.g. if
applying for two technology areas, submit two case studies for one area and one
case study for the second area.)
Technology group e.g. Lighting
3.2 Case studies
If you are a ‘recognised supplier’ to Siemen’s Financial Services, we will review three
(or more) completed Energy Efficiency Financing scheme projects in lieu of you
having to provide case studies. We will select an appropriate mix of projects that
have been completed within the past 12 months or you can nominate suitable
Carbon Trust Advisory Limited
4th Floor, Dorset House, 27-45 Stamford Street, London, SE1 9NT
T: +44 (0)20 7170 7000 F: +44 (0)20 7170 7020 www.carbontrust.co.uk
Carbon Trust Advisory Limited is a limited company registered in England and Wales Number 06274284
Registered at 4th Floor, Dorset House, 27-45 Stamford Street, London, SE1 9NT
projects. If you prefer, you can choose to provide non-Energy Efficiency Financing
scheme case studies in support of your application (or a mixture of both).
If applying for accreditation for more than three key technology areas we will require
an additional nominated project and/or case study for each.
Guidance for case studies is provided at the end of this form.
Name of case study projects and/or nominated Energy Efficiency Financing scheme
project name & reference number
NB: If you are not currently a ‘recognised supplier’ to the £550 million Energy
Efficiency Financing scheme provided by the Carbon Trust and Siemens Financial
Services, we encourage you to get involved. There are a number of financing
options available from the scheme which can add significant value to your sales
proposal and help you close more deals.
For further details click here or email eef.sfs.gb@siemens.com
3.3 Scale of activity
For those sub-technologies that you have indicated above, please outline the
approximate scale of revenue and number of projects delivered over the past year
e.g. Interior lighting: £250k revenue across 10 projects.
Carbon Trust Advisory Limited
4th Floor, Dorset House, 27-45 Stamford Street, London, SE1 9NT
T: +44 (0)20 7170 7000 F: +44 (0)20 7170 7020 www.carbontrust.co.uk
Carbon Trust Advisory Limited is a limited company registered in England and Wales Number 06274284
Registered at 4th Floor, Dorset House, 27-45 Stamford Street, London, SE1 9NT
4.
INSURANCE, POLICIES AND PROCEDURES
4.1 Public Liability Insurance
a) What level of Public Liability Insurance do you hold?
4.2 Employer Liability Insurance
a) What level of Employer Liability Insurance do you hold?
4.3 Professional Indemnity Insurance
a) Do you hold Professional Indemnity Insurance? (Please indicate “yes” or
“no”.)
If “yes” please state the level of cover:
If “no”, would you be willing to obtain PI cover? (Please indicate “yes” or
“no”.)
NB: This is for project matching purposes only; it is not a prerequisite for
accreditation.
4.4 Product Liability/Asset Risk Insurance (if applicable)
a) What level of Product Liability/Asset Risk Insurance do you hold?
Not applicable
Carbon Trust Advisory Limited
4th Floor, Dorset House, 27-45 Stamford Street, London, SE1 9NT
T: +44 (0)20 7170 7000 F: +44 (0)20 7170 7020 www.carbontrust.co.uk
Carbon Trust Advisory Limited is a limited company registered in England and Wales Number 06274284
Registered at 4th Floor, Dorset House, 27-45 Stamford Street, London, SE1 9NT
4.5 Quality Assurance
Does the company hold a recognised quality management certification, for
example BS/EN/ISO 9000 or equivalent internal policy? (Please indicate “yes”
or “no”.)
4.6 Environmental Management
Does the company hold a recognised Environment management certification
for example BS/EN/ISO 14000 or equivalent internal policy? (Please indicate
“yes” or “no”.)
4.7 Health and Safety Qualifications
Does the company hold a recognised Health and Safety management
certification for example OHSAS 18001 or BS OHSAS 18001 or equivalent
internal policy? (Please indicate “yes” or “no”.)
4.8 Training Policy
Does the company have a training policy to ensure effective continuous
professional development to enable staff to keep up to date with changes in
new legislation, standards and technologies? (Please indicate “yes” or “no”.)
4.9 Customer Management Policy
Does the company have a customer management policy to ensure complaints
are handled in an effective and professional manner? (Please indicate “yes” or
“no”.)
Carbon Trust Advisory Limited
4th Floor, Dorset House, 27-45 Stamford Street, London, SE1 9NT
T: +44 (0)20 7170 7000 F: +44 (0)20 7170 7020 www.carbontrust.co.uk
Carbon Trust Advisory Limited is a limited company registered in England and Wales Number 06274284
Registered at 4th Floor, Dorset House, 27-45 Stamford Street, London, SE1 9NT
4.10
Warranty
Please briefly outline the types of warranties that you provide or offer to
customers:
4.11
Support and Maintenance Agreements
Please briefly outline any post-project support and/or maintenance
agreements you provide or offer to customers.
4.12
Subcontracting/Supplier Management Policy
Referring to the business processes mentioned in 4.5 – 4.11, when you deliver
services to your customers using third party partners (i.e. installers, designers,
manufacturers) please provide a brief description of how you ensure that your
partners have equivalent management systems in place.
Carbon Trust Advisory Limited
4th Floor, Dorset House, 27-45 Stamford Street, London, SE1 9NT
T: +44 (0)20 7170 7000 F: +44 (0)20 7170 7020 www.carbontrust.co.uk
Carbon Trust Advisory Limited is a limited company registered in England and Wales Number 06274284
Registered at 4th Floor, Dorset House, 27-45 Stamford Street, London, SE1 9NT
5.
SUPPORTING PARTNERS
Please supply the names of your preferred partners that you frequently work with, if
any. If necessary please attach an additional sheet.
Company Name
6.
Designer
Installer
Manufacturer
DIRECTOR’S DECLARATION
As part of the Carbon Trust’s accreditation scheme, applicants are required to
provide a declaration by a director of the Applicant to satisfy the essential
administrative requirements of the Accreditation Criteria, as set out below:
6.1 Adequate Financial Resources
I confirm that this company is a going concern, has sufficient funds to
continue trading in accordance with the requirements of UK company
Carbon Trust Advisory Limited
4th Floor, Dorset House, 27-45 Stamford Street, London, SE1 9NT
T: +44 (0)20 7170 7000 F: +44 (0)20 7170 7020 www.carbontrust.co.uk
Carbon Trust Advisory Limited is a limited company registered in England and Wales Number 06274284
Registered at 4th Floor, Dorset House, 27-45 Stamford Street, London, SE1 9NT
law for at least twelve months and has sufficient funds to pay its debts
as they fall due.
Applicants are advised that a credit check may be carried out on the
company as part of the accreditation process.
6.2 Confirmation of Zero Non-Compliances
I confirm that this company has no corporate non-compliances.
6.3 Accuracy of Information
I testify that the information provided in this form and all supporting
documentation is a true and accurate record of the company’s
experiences and the information has not been presented in a
misleading manner. Evidence can be provided to corroborate all the
information recorded.
6.4 Accreditation Agreement
I accept the terms and conditions set out in the attached Accreditation
Agreement.
6.5 Declaration Statement
Carbon Trust Advisory Limited
4th Floor, Dorset House, 27-45 Stamford Street, London, SE1 9NT
T: +44 (0)20 7170 7000 F: +44 (0)20 7170 7020 www.carbontrust.co.uk
Carbon Trust Advisory Limited is a limited company registered in England and Wales Number 06274284
Registered at 4th Floor, Dorset House, 27-45 Stamford Street, London, SE1 9NT
I confirm the accuracy of the declarations of this section 6, and that the company
satisfies the requirements of the Accreditation Criteria.
Print Name:
Company:
Position
Signature: *
Date:
* Please insert an electronic signature. If you encounter difficulties in doing this
please contact the Carbon Trust Accreditation Team on 020 7170 7000
Carbon Trust Advisory Limited
4th Floor, Dorset House, 27-45 Stamford Street, London, SE1 9NT
T: +44 (0)20 7170 7000 F: +44 (0)20 7170 7020 www.carbontrust.co.uk
Carbon Trust Advisory Limited is a limited company registered in England and Wales Number 06274284
Registered at 4th Floor, Dorset House, 27-45 Stamford Street, London, SE1 9NT
GUIDANCE FOR SUMMARY CASE STUDIES
The use of summary case studies is intended to provide further evidence of energy
efficient design and installation of energy saving/generating systems and should be
used to highlight variations in installation types and the use of innovative and energy
efficient approaches to solving a problem.
Summary case studies should highlight the best practices used in design and
installation and also the energy savings realised by the project expressed in
percentage and cost terms.
Each case study should briefly detail the:

‘old’ system/equipment;

design rationale/approach for the new system;

details of new equipment/system;

completion date;

project cost;

annual savings (expected/actual if known);

simple payback period; and

client’s full contact details (we will contact each client to receive their
feedback on the project).
Please provide both email and telephone contact details for each referee and ensure
that all referees are aware they will be contacted.
We require a minimum of three case studies. If applying for accreditation for more
than three technology areas we will require an additional case study for each.
If you feel additional supporting data e.g. before and after graphs, photographs etc
would enhance the case study this will be accepted.
Carbon Trust Advisory Limited
4th Floor, Dorset House, 27-45 Stamford Street, London, SE1 9NT
T: +44 (0)20 7170 7000 F: +44 (0)20 7170 7020 www.carbontrust.co.uk
Carbon Trust Advisory Limited is a limited company registered in England and Wales Number 06274284
Registered at 4th Floor, Dorset House, 27-45 Stamford Street, London, SE1 9NT
ANNEX A
Additional Information
Please use this section to provide any additional information pertinent to your
application. For example if the application relates to a division of a corporate
entity, please provide details of the division itself (capacity etc.) along with a
group structure chart.
Carbon Trust Advisory Limited
4th Floor, Dorset House, 27-45 Stamford Street, London, SE1 9NT
T: +44 (0)20 7170 7000 F: +44 (0)20 7170 7020 www.carbontrust.co.uk
Carbon Trust Advisory Limited is a limited company registered in England and Wales Number 06274284
Registered at 4th Floor, Dorset House, 27-45 Stamford Street, London, SE1 9NT
ACCREDITATION
AGREEMENT
Carbon Trust Advisory Limited
4th Floor, Dorset House, 27-45 Stamford Street, London, SE1 9NT
T: +44 (0)20 7170 7000 F: +44 (0)20 7170 7020 www.carbontrust.co.uk
Carbon Trust Advisory Limited is a limited company registered in England and Wales Number 06274284
Registered at 4th Floor, Dorset House, 27-45 Stamford Street, London, SE1 9NT
1
1.1
1.2
INTRODUCTION
“Group Company” means in relation to any party,
any subsidiary of that party, or any holding
company of that party, including its ultimate holding
company, or any subsidiary of that ultimate holding
company
(where
“holding
company”
and
“subsidiary” have the meanings given to them in
section 1159 of the Companies Act 2006);
These General Terms and Conditions are those on
which the Company will assess your business to
determine whether you meet the criteria of a
Carbon Trust Accredited Supplier, and, if so, on
which you will be permitted to participate in the
Company’s
Accredited
Supplier
Scheme
(“Scheme”).
“Scheme” has the meaning ascribed to it in clause
1.1;
The following terms shall have the meanings set out
alongside them:
“Services” means any services that you provide in
connection with the Scheme;
“Accreditation Criteria” means the Company’s
quality threshold against which it assesses a
supplier’s technical capability and experience;
“Accreditation Fee” means the fee payable by you
to become a Carbon Trust Accredited Supplier, if
your business is successfully assessed against the
Accreditation Criteria;
“Annual Accreditation Fee” means the fee
payable upon expiry of your Accreditation, if your
business is successfully re-assessed against the
Accreditation
Criteria,
for
the
continued
participation of your business in the Scheme;
“Company” refers to Carbon Trust Advisory
Limited, (reg. no. 06274284) of 4th Floor, Dorset
House, 27-45 Stamford Street, London, SE1 9NT;
“Control” in relation to a body corporate, the power
of a person to secure that the affairs of the body
corporate are conducted in accordance with the
wishes of that person:
(a) by means of the holding of shares, or the
possession of voting power, in or in relation to
that or any other body corporate; or
(b) as a result of any powers conferred by the
articles of association or any other document
regulating that or any other body corporate,
and a “Change of Control” occurs if a person who
controls any body corporate ceases to do so or if
another person acquires Control of it, and “person”
in this context includes any body corporate;
“Effective Date” means the date of the Directors’
Declaration within your Application Form;
“Environmental Laws” means any applicable laws
which relate or apply to Environmental Matters;
“Environmental Matters” means:
 the manufacture, generation, deposit, disposal
or arranging for disposal, keeping, storage,
treatment,
emission,
release,
discharge,
leaching, transportation, transmission, handling,
use or presence of any substance or waste
which causes or may cause harm or damage to
the environment or the health and safety of any
person; or
 nuisance or
 noise; or
 the pollution, conservation or protection of the
environment;
“Good Industry Practice” means that degree of
skill, care, prudence and foresight and operating
practice which would reasonably and ordinarily be
expected from time to time of a skilled and
experienced supplier engaged in the same type of
goods and/or services as your business, under the
same or similar circumstances;
“Green
Business
Directory”
means
the
searchable database of Carbon Trust Accredited
Suppliers hosted on the Carbon Trust website;
“you” “your business” refers to the applicant
supplier, the details of whom are set out in section
1.1 of the Application Pack. Where this relates to a
division of your organisation, the relevant business
division (only) shall obtain the benefit of clauses 3.6
- 3.8.
1.3
2
In consideration of your payment of the
Accreditation Fee and the mutual compliance by you
and the Company with our respective obligations
under these General Terms and Conditions, you and
the Company agree to these General Terms and
Conditions:
PAYMENT
2.1 You will pay the Accreditation Fee or Annual
Accreditation Fee (as the case may be), and any
other sums that fall due as agreed between us,
within 30 days of the date on the Company’s invoice
(the “Due Date”).
2.2 In the event that you fail to pay the Company’s
invoice by the Due Date, the Company reserves the
right, without prejudice to any of its other rights
under this agreement or at law to charge interest on
the amount outstanding from the Due Date until you
settle such outstanding amounts (both before and
after any judgment, where applicable) in accordance
with the Late Payment of Commercial Debts
(Interest) Act 1998.
2.3 The Company reserves the right to suspend your
Accreditation (including the removal of your listing in
the Green Business Directory and any other
reference to your business on the Company’s
website or on any other material relating to the
Scheme, where applicable) in the event, and for the
duration, that you fail to pay any invoiced and
outstanding sums under this agreement.
3
CONFIDENTIALITY, PROMOTION AND
PUBLICITY
3.1 Each party will keep confidential, and use only in
accordance with clause 3.2,
any information
received from the other for the duration of this
agreement and for no less than five years thereafter,
and shall handle any “personal data” as defined in
the Data Protection Act 1998 (“Act”), strictly in
accordance with the Act.
3.2 Except where explicitly stated otherwise, we will
each only share information received from each
other with our respective representatives (which
include employees and contractors). The Company
may also share information received in connection
with this agreement with technical experts where
their involvement is necessary for the performance
of the Company’s obligations in connection with this
agreement, or with advisers where disclosure is
necessary for the proper performance of the
adviser’s duties.
3.3 The confidentiality obligations of this section 3 will
not apply to any information received during the
course of this agreement, which:
3.3.1
was, by reasonable proof, already in either
party’s possession prior to the time of
receipt; or
3.3.2
is, or becomes, public knowledge other
than by default by either party; or
3.3.3
is lawfully obtained by either party from a
third party having no duty of confidentiality
to the other party in respect of that
information; or
3.3.4
either party is compelled by reason of law
or government or court direction, to
disclose to a third party.
3.4 The Company shall retain copies of information
received during the course of the agreement for its
records. Unless explicitly restricted by you, this
information may be used by the Company for
impact evaluation, future Accreditation services,
audit, marketing, statistic compilation, reporting,
general updates in respect of the Company’s
services and ongoing improvement of those
services, and consumer, customer or other
complaints.
3.9
You will do nothing which may be taken to indicate
that you have any right, title or interest in or to the
Logo (other than the permissions granted under this
agreement). The Logo is the Company’s property;
any goodwill derived from your use of the Logo will
accrue to the Company, and you now assign to the
Company that goodwill (and will, promptly at the
Company’s request, execute a confirmatory
assignment of that goodwill at any time should this
ever be required).
3.10 Any public statements or references to the Scheme
or made in connection with it (other than as
specified in clause 3.6) must be approved in
advance and in writing by the Company.
3.11 You agree that you will not knowingly do anything in
connection with your status as a Carbon Trust
Accredited Supplier, or in connection with this
agreement, which in the Company’s reasonable
opinion adversely affects (or is likely to adversely
affect) the Company’s or the Carbon Trust’s
reputation or standing.
3.12 In the event that the Company discovers or is made
aware of any facts regarding your business that
could significantly affect the reputation of the
Company or the Carbon Trust, where such
circumstances cannot be resolved (in consultation
with you) to the Company’s satisfaction the
Company reserves the right to remove your business
from the Green Business Directory along with any
other reference on the Company’s website or on any
other material relating to the Scheme, and to
terminate this agreement upon one month’s written
notice.
3.5
The Company reserves the right to make public
reference to the Scheme and its progress, however
any information of this nature will be disseminated
solely in aggregate and anonymised form and will
make no reference to your business other than your
status as a Carbon Trust Accredited Supplier as it
has been publicised in the Green Business Directory.
3.6
As a Carbon Trust Accredited Supplier, you are
entitled to publicise your Accredited status in your
marketing materials and on your website (where
applicable) by using the following descriptor:
“Carbon Trust Accredited Supplier”. Subject to the
Licence Agreement at Appendix 2, you are also
licensed to use the Carbon Trust Accredited Supplier
logo (“Logo”) shown in the Appendix 1, solely in
the form shown and in accordance with the
Branding Guidelines also set out in Appendix 1 (with
no modifications or additional information linked to
the Logo, except as stated, unless approved in
writing by the Company). This agreement does not
confer the licence or permission to use any other
logo or trade mark belonging to the Company, or
belonging to any Group Company. For the
avoidance of doubt, the permissions granted under
this clause 3.6 are granted solely to you and do not
extend to any of your Group Companies (unless
such Group Companies are themselves Accredited
Suppliers).
3.13 Clauses 3.1-3.4 and 3.9 shall survive expiry or
termination of this agreement.
Change of Control: You shall notify the Company
immediately upon becoming aware of a Change of
Control or merger affecting your organisation
(where you are legally or contractually permitted to
do so) and in any event promptly after such Change
of Control or merger has occurred. The Company
reserves the right, acting reasonably, to require
reassessment. The Company reserves the right to
charge you a further Accreditation Fee where such
reassessment is required. The Company’s decision
regarding whether reassessment is required is final.
5.1 This agreement is effective from the Effective Date
and will continue until early termination in
accordance with the remainder of this section (the
“Term”).
If you fail to meet the Accreditation
Criteria, this agreement shall be deemed to
automatically expire. The Company’s decision with
regards to your assessment is final.
3.7
3.8
Your permission to use the Logo shall be deemed
revoked immediately upon expiry or termination of
this agreement. You will immediately remove the
Logo from any of your business’s promotional or
marketing material and remove from the public
domain any reference to your business being a
Carbon Trust Accredited Supplier.
4
TECHNICAL INFORMATION
4.1 In the event that we exchange any technical
information, know-how, methodologies, materials,
literature, presentations, data outputs and models or
any other intellectual property for the purpose of this
agreement or in connection with it, such intellectual
property shall remain the absolute property of the
party who has provided it (or its licensors) and we
each agree to use intellectual property we receive
strictly in accordance with this agreement or as
otherwise agreed between us. You will ensure that
any information or items of the foregoing nature
provided to the Company does not infringe the
intellectual property rights of any third party. This
clause will survive the expiry of this agreement or its
termination for any reason.
5
TERM AND TERMINATION
5.2 Subject to clause 7.3, the Company reserves the
right at any time to terminate this agreement with
immediate effect if you are in breach of any of the
warranties in clause 7.1.1, or in the Company’s
reasonable opinion you repeatedly breach your
obligations under this agreement.
5.3 Notwithstanding the provisions of clauses 3.7 and
5.2, the Company also reserves the right to
terminate this agreement, upon one month’s notice
to you, if you undergo a Change of Control or a
merger where such Change of Control or merger
affects your ability to meet the Accreditation Criteria
or has any effect on your compliance with the
warranty under clause 7.1.
In the event of
termination pursuant to this clause, you will remain
liable to the Company for any Accreditation Fee or
Annual Accreditation Fee (as the case may be) and
for any other fees accrued under this agreement
prior to such termination.
6.9 Clauses 6.4 – 6.8 shall survive the expiry or
termination of this agreement.
7
7.1 You warrant that:
7.1.1 your business (as identified in section 1.1 of
your Application Pack) has full power and
authority under its constitution and has
taken all necessary action and has obtained
all authorisations, licences, consents and
approvals to execute and perform its
obligations under or in connection with this
agreement; and
5.4 You may terminate this agreement upon no less than
30 days advanced written notice in the event that
you no longer wish to remain a Carbon Trust
Accredited Supplier for any reason.
6
7.1.2 all information you have provided in the
Application Pack is true.
ASSESSMENT, RE-ASSESSMENT AND
LIMITATIONS
6.1 The Company will assess your business against the
Accreditation Criteria, and provide any other
connected services that may be separately agreed
with you in writing, with reasonable skill and care.
Time shall not be of the essence of the agreement,
and the Company will not be liable for any loss,
damage or expense suffered by you from early or
late performance. If the Company is aware that
there is likely to be any material delay to your
assessment then we will notify you in advance.
6.2 If your assessment is successful, your business will
be listed in the Green Business Directory, and may
receive other benefits under the Scheme which at a
minimum, will include those benefits set out in the
covering letter of your Application Pack.
6.3 Your Accreditation, if awarded, shall remain effective
for a period of 12 months, unless otherwise notified
in writing by the Company. Upon expiry of your
Accreditation, and on an annual basis thereafter, you
will be charged an Annual Accreditation Fee for the
ongoing services and benefits to you under the
Scheme if your business is successfully re-assessed
against the Accreditation Criteria.
6.4 The Company will not be liable to you for any
economic loss including, but not limited to, loss of
profits, revenues or goodwill or for any indirect or
consequential loss howsoever arising even if such
loss was reasonably foreseeable.
6.5 Subject to clause 6.6, the Company’s total aggregate
liability to you under or in connection with this
agreement shall under no circumstances exceed the
lower of the sum of all amounts paid by you to the
Company in the preceding 12 months, and £10,000
(ten thousand pounds).
6.6 Nothing in this provision shall exclude or limit
liability for death or personal injury or for any loss or
damage as a result of fraud.
6.7 The express terms of this agreement are in lieu of all
warranties, conditions, terms, undertakings and
obligations implied by statute, common law,
customs, trade usage, course of dealing or
otherwise, all of which are excluded to the fullest
extent permitted by law.
6.8 Except where otherwise agreed between the
Company and you in writing, any agreements
between you and a customer shall be expressly
between your business and the relevant customer to
the exclusion of the Company. The Company accepts
no liability to you or to the customer with respect to
the goods and/or services you provide to that
customer. In particular, the Company provides no
endorsement to you of any customer’s status
(including credit status).
SUPPLIER WARRANTIES AND UNDERTAKINGS
7.2
You undertake that your business will:
7.2.1 provide any services in connection with your
status as a Carbon Trust Accredited Supplier,
in accordance with Good Industry Practice;
7.2.2 comply with all applicable laws, regulations
and
regulatory
requirements,
and
in
particular with Environmental Laws, in the
provision of any services in connection with
your status as a Carbon Trust Accredited
Supplier.
7.2.3 for the duration of the Term and (in relation
to sub-clauses (i) and (ii) below) at least
six years after the termination or expiry of
this agreement, you shall maintain in force
policies of insurance with an insurance
company of long-standing and good repute
to cover any liability in respect of all services
that you provide in connection with this
agreement including (but not limited to):
(i)
public liability to an appropriate level
of cover; and
(ii)
professional
indemnity,
where
required and at the appropriate time,
to an appropriate level of cover; and
(iii)
asset risk, where required and to an
appropriate level of cover.
7.3 You will immediately notify the Company if you
believe any of the above warranties are no longer
true.
Without prejudice to clause 7.4, and
depending on the nature and severity of the
discrepancies in your data, the Company reserves
the right to request that you resubmit correct data in
substitution for all inaccurate data. If reAccreditation is necessary additional charges may be
payable to cover any additional costs incurred.
7.4 You will promptly notify the Company if any event
occurs or series of events occur that are likely to
affect
either
party’s
obligations
under
this
agreement. In particular, you must promptly notify
the Company of any health and safety incidents that
occur within your business (whether during the
provision of your services or otherwise) during this
agreement. Notification requirements under this
clause 7.4 do not extend to any incidents for which
reporting is not a requirement under the Reporting of
Injuries, Diseases
& Dangerous
Occurrences
Regulations 1995 (RIDDOR).
7.5 Subject to clause 7.6, you will indemnify the
Company against all liabilities, costs, expenses,
damages and losses (including any direct or indirect
consequential losses, loss of profit, loss of reputation
and all interest, penalties and legal and other
professional costs and expenses) (each a “Claim”)
suffered or incurred by the Company arising out of or
in connection with:
7.5.1
any breach of the warranties contained in
clause 7.1;
7.5.2
your breach or negligent performance or
non-performance under this agreement;
7.5.3
any Claim made against the Company by a
third party or customer arising out of or in
connection with the services that you have
provided as a Carbon Trust Accredited
Supplier;
7.5.4
any Claim made against the Company by a
third party for death, personal injury or
damage to property arising out of or in
connection with defective goods, to the
extent that the defect in the goods is
attributable to your acts or omissions or
those of your employees, agents or
subcontractors.
7.6 The foregoing indemnity shall not apply to the extent
that any Claim results directly from the Company’s
own negligence or wilful misconduct.
7.7 For ongoing quality assurance, the Company shall
notify you of any complaints received in connection
with any services you have provided as a Carbon
Trust Accredited Supplier.
7.8 Clauses 7.2.3, 7.5 and 7.6 shall survive expiry or
termination of this agreement.
8
GENERAL
8.1 Third Party Rights. The Carbon Trust may pursue
any of the Company’s rights under this agreement in
respect of the use of the Carbon Trust name or the
Logo. Subject to the foregoing, for the purposes of
section 1(2) of the Contracts (Rights of Third
Parties) Act 1999, the parties state that they do not
intend any term of this agreement to be enforced by
third parties.
8.2 No Agency or Partnership.
Neither party shall
represent itself as agent of the other party for any
purpose whatsoever, nor shall it have the authority
to create or assume any obligations of any kind for,
or on behalf of, the other party. Nothing in this
agreement is intended to, or shall, constitute a
partnership in law or joint venture between the
parties for any purpose whatsoever.
8.3 Force Majeure.
Neither party shall be held
accountable or incur any liability for failure to comply
with its obligations under this agreement in the
event of unforeseeable circumstances or occurrence
of any events outside of their respective control.
Where such events or circumstances occur and
continue for four weeks or more, either party shall
be entitled to terminate this agreement with no
liability either one to the other, except where already
separately incurred.
8.4 Governing Law and Jurisdiction. This agreement
shall be governed and construed in accordance with
English law and the parties submit to the exclusive
jurisdiction of the English courts.
9
NOTICES
9.1 All legal notices shall be sent by one party to the
other by recorded post by mail or courier using their
respective
registered
addresses
(or
if
not
incorporated, the address supplied in the Application
Pack).
9.2 Notices shall be deemed sent and received by means
of a receipt of a signature of receipt or postal
confirmation code.
APPENDIX 1
LOGO
BRANDING GUIDELINES
1.
The Logo is a mark of quality assurance that demonstrates your track record,
your expertise and your commitment to delivering best practice energy
efficiency and/or renewable energy services for your customers. You are
required to use the Logo in accordance with these guidelines.
2.
Your license to use the Logo is solely in connection with energy efficiency
services provided in connection with the Scheme but not in conjunction with
any other goods or services supplied by your business or any company within
your business’s corporate group (if applicable).
3.
You may display the Logo on your marketing literature
presentations, leaflets and flyers), vehicles and on your website.
4.
Wherever the Logo appears in your promotional material, it may be
accompanied with the following optional text: “Carbon Trust Accredited
Suppliers have undergone an independent accreditation process to demonstrate
their skills and experience in delivering low energy, high performing solutions.”
5.
The Logo can only be used on your own literature, vehicles and website– it
must not be used by any of your subsidiaries, partners, sub-contractors or
affiliates. If you believe there is a compelling reason why any of the foregoing
should be entitled to use the Logo, you should contact the Accreditation Team
on +44 (0)20 7170 7000 or email info@carbontrust.com.
6.
If you would like to generate a press release, case study or conduct a press
interview in relation to any services you have provided in connection with the
Scheme, in the first instance you should contact the Company on +44 (0)20
7170 7000 or at info@carbontrust.com.
(brochures,
APPENDIX 2
CARBON TRUST ACCREDITED SUPPLIER LOGO
LICENCE AGREEMENT
1.
Parties
3.3
You are permitted to use the Logo solely in
accordance with this Licence Agreement, clause
3.6 of the General Terms and Condition, and the
Branding Guidelines set out in Appendix 1. If
you intend to use the Logo with any additional
trade marks, narrative, information or branding,
you are advised to notify the Licensor as early as
practicable during your creative process, but in
any event you must submit a draft version of
your intended usage and seek approval from the
Licensor before you use the Logo. Without
prejudice to the provisions of Clause 7, the
Licensor will use reasonable endeavours to
respond to your notification within 10 working
days and will either approve, or provide advice
in respect of, your intended use. It will remain
your responsibility to adhere to the Conditions of
Use at Clause 7.
4.
Grant of Licence
4.1
This Licence Agreement grants you permission
to use the Logo on the basis that you have
successfully been accredited under the Carbon
Trust Accredited Supplier Scheme.
4.2
The term “you” includes refers to those parts of
your organisation (which may mean inclusion of
your Group Companies, or only a subset/division
of your organisation) to which your completed
Application Form relates.
5.
Scope of Licence
THIS LICENCE AGREEMENT is between: (i) you, the
Accredited Supplier; and (ii) Carbon Trust Advisory
Limited, a company incorporated in England (no.
06274284), with its registered office at 4th Floor,
Dorset House, 27-45 Stamford Street, London, SE1
9NT (the “Licensor”).
2.
Interpretation
2.1
References to a statute, ordinance or other law
will be deemed to include regulations and other
instruments under it and consolidations,
amendments, re-enactments or replacements of
any of them.
2.2
References herein to Clauses are to clauses in
this
Licence
Agreement.
References
to
Appendices
are
to
appendices
in
your
Accreditation Agreement.
2.3
The headings are inserted for convenience only
and will not affect the construction of this
Licence Agreement.
2.4
Words importing the singular include the plural
and vice versa and words importing a gender
include every gender.
2.5
“Group Company” means in relation to any
party, any subsidiary of that party, or any
holding company of that party, including its
ultimate holding company, or any subsidiary of
that ultimate holding company (where “holding
company” and “subsidiary” have the meanings
given to them in section 1159 of the Companies
Act 2006);
2.6
Any capitalised terms which are not defined in
this Licence Agreement have the meanings given
to them in the Accreditation Agreement.
3.
The Carbon Trust Accredited Supplier Logo
3.1
The Carbon Trust Accredited Supplier Logo, as
shown in Appendix 1 to your Accreditation
Agreement (the “Logo”), is a mark of quality
assurance that indicates that you meet the
Accreditation Criteria. In particular, in respect of
the relevant technology indicated in your
Application Form, it indicates your expertise,
historic performance in the manufacture or
supply of the relevant technology and
commitment to delivering best practice energy
efficiency and/or renewable energy services for
your customers. By using the Logo, you are
representing that your organisation (or the
relevant part of your organisation) meets these
requirements.
3.2
Your use of the Logo will be your responsibility
having regard to such laws, regulations and
codes that may apply to any such representation
or
advertisement
of
your
organisation’s
practices.
Subject to Clause 7, you are hereby granted a
personal, non-exclusive, non-transferable licence
to use the Logo within the territories of the EU
for a period of your accreditation (the “Term”).
6.
Expiry of Licence and Licence Renewal
6.1
Your licence granted under
Agreement is not automatically
may be renewed, upon expiry
subject to you renewing your
status.
6.2
If you have submitted an application to renew
your accreditation prior to the expiry of the
Term, you will be permitted a six-month grace
period whereby your licence will be deemed
renewed pending the results of your reaccreditation. If your accreditation is renewed,
the Term of your renewed licence will be
deemed to have continued immediately following
expiry of the previous Term.
6.3
If your accreditation is not renewed, or if your
application has not been submitted prior to the
expiry of the previous Term, your licence will be
deemed to have expired (at the end of the Term,
or on the date you are informed that your
accreditation will not be renewed, as applicable).
7.
Conditions of Use
this Licence
renewable. It
of the Term,
accreditation
By using the Logo, YOU AGREE to the following
conditions:
7.1
To display the Logo only in accordance with the
Branding Guidelines and in relation to in respect
of the area(s) of your organisation to which the
accreditation relates (if it does not relate to your
entire organisation).
7.2
To make no statement with reference to the
Logo, or use the Logo in any way, that in the
Licensor’s opinion is misleading or could bring
the Licensor, its Group Companies and/or the
Logo into disrepute.
7.3
To do nothing which may be taken to indicate
that you have any right, title or interest in or to
the Logo (other than the licence granted herein).
The Logo is the Licensor’s property; any goodwill
derived from your use of the Logo will accrue to
the Licensor, and you now assign to the Licensor
that goodwill (and will, promptly at the
Licensor’s request, execute a confirmatory
assignment of that goodwill at any time).
7.4
To notify the Licensor promptly of any
infringement or unauthorised use of the Logo by
others of which you become aware. The Licensor
will have the sole right, at its own expense, to
bring any action on account of any such
infringement or unauthorised use, and you agree
to cooperate with the Licensor as the Licensor
may request, in connection with any such action
brought by the Licensor.
8.
Withdrawal of Licence
8.1
The Licensor reserves the right to request that
you stop using the Logo immediately in the
event that you breach Clauses 7.1 - 7.3 above
or if you commit or participate in any offence
under the Bribery Act 2010 in relation to this or
any other contract between you and the Licensor
(and, if you do, the Licensor shall be entitled to
recover from you the amount of any loss arising
or resulting from such termination and/or from
your commission of or participation in such
offence and the amount of value of any such
gift, consideration or commission).
8.2
8.3
If the Licensor makes such a request, you will
cease to use the Logo immediately and will
remove or obliterate the Logo from any areas in
which you have displayed the Logo or from any
materials on/in which the Logo is displayed; the
provisions of Clause 11 will apply.
For the avoidance of doubt, this Licence shall be
co-terminus with the General Terms and
Conditions.
9.
Liability
9.1
The Licensor will not be liable to you for loss or
damage arising from or in connection with any
representations, agreements, statements or
undertakings made in respect of the Licence
other than those expressly incorporated or
referred to in this Licence Agreement.
9.2
Any liability incurred by the Licensor hereunder
will under no circumstances extend to any loss
other than direct loss (including loss of profits,
whether or not foreseeable), as defined under
English law, nor will it extend to any loss arising
from your breach of this Licence Agreement or
any usage of the Logo by you outside of the
scope of the licence granted to you under this
Licence Agreement.
9.3
The total and aggregate liability of the Licensor
in connection with this Licence Agreement will
not at any time exceed an amount equal to 10x
the fee you have paid for your accreditation.
9.4
Except as provided in this Licence Agreement,
the Licensor will be under no further liability of
any sort
10. Notices
10.1 All
notices,
communications
and
other
correspondence required or permitted by this
Licence Agreement will be in writing and will be
sent by (a) facsimile; (b) e-mail; or (c) post by
recorded/tracked mail or courier. The Licensor
will send any such notices, communications and
other correspondence to the nominee appointed
by you at the address provided on your
Application Form, unless otherwise notified in
writing in accordance with this Clause.
You will send any of the foregoing to Licensor at
the following address:
Licensor
Attn: Company Secretary
Carbon Trust Advisory Limited
4th Floor, Dorset House,
27-45 Stamford Street,
London, SE1 9NT
UK
Fax: 020 7170 7020
e-mail: legal@carbontrust.com
10.2 Any Notices to you from the Licensor will be sent
to the contact person and address and/or e-mail
address and/or facsimile number provided by
you on your Application Form (unless you tell us
otherwise in writing).
10.3 Notices will be deemed sent and received by
means of either (i) a confirmation report in the
case of either e-mail or facsimile; or (ii) a
signature of receipt or confirmation code in the
event of notice by recorded/tracked mail or
courier.
11. Termination
11.1
11.2
The provisions of this Licence Agreement will
continue to apply until:
11.1.1
the expiry of the Term or notification
that accreditation will not be renewed;
or
11.1.2
withdrawal of the licence by the
Licensor in accordance with Clause 8.
All rights granted by this Licence Agreement,
including, without limitation, your right to use
the Logo, will expire upon termination or
expiry of this Licence Agreement and, upon
termination or expiry, you will immediately, or
within such time frame as the Licensor agrees,
cease and desist from all further use of the
Logo. You will further ensure that the Logo is
11.3
removed from all material or areas on or in
which it is displayed and provide the Licensor
with signed confirmation of such removal.
12.4
The expiry of this Licence Agreement will not
affect any obligations which, by their nature,
are intended to continue beyond such expiry.
No Partnership. Nothing in this Licence
Agreement is intended to create any
partnership between you and the Licensor.
12.5
No Transfer of Rights. The Licence granted
hereunder is personal to you, and you are not
permitted to assign, sublicense, transfer or
otherwise convey your rights hereunder in
whole or in part to any third party without the
prior written consent of the Licensor. You will
indemnify and hold the Licensor harmless
against all liability, costs, and expenses arising
out of or in connection with claims relating to
an attempted assignment, sublicense, transfer,
or other conveyance of your rights in breach of
this Licence Agreement
12.6
Entire Agreement. This Licence Agreement,
along with clauses 3-8 of the General Terms
and Conditions, and the Branding Guidelines at
Appendix 1, contains the entire agreement
between you and the Licensor with regards to
the licensing to you of the Logo. You warrant
that you have not relied on any oral
representation made by the Licensor or upon
any descriptions, illustrations or specifications
contained anywhere other than within this
Licence or directly on (or from) the Licensor’s
website.
12.7
Governing Law and Jurisdiction. This Licence
Agreement is governed by, and construed in
accordance with, English law and the parties
submit to the exclusive jurisdiction of the
English courts.
12.
General
12.1
No Waiver. The Licensor’s failure to enforce or
to exercise, at any time or for any period of
time, any term of, or any right arising under,
this Licence Agreement does not constitute,
and will not be construed as, a waiver of such
term or right and will in no way affect the
Licensor’s right later to enforce or exercise it.
12.2
Severability. If any provision of this Licence
Agreement, or the application of that
provision, proves to be unenforceable for any
reason, the remainder of this Licence
Agreement, and the application of the
provision, will be interpreted as best possible
to give effect to the original intent behind such
provision.
12.3
No Agency. You will not represent yourself as
agent of the Licensor for any purpose
whatsoever, nor will you have the authority to
create or assume any obligations of any kind
for
or
on
behalf
of
the
Licensor.