1.    Scope

1.1.    These General Terms and Conditions (“DIN EPD programme GTC”) apply to all Contracts (“Contracts”) of DIN Media GmbH (“DIN Media”) with entrepreneurs within the meaning of § 14 of the German Civil Code (BGB), a legal person under public law or a special fund under public law (“Customer”) for the provision of IT, project management and consultancy services, especially in connection with the development of Product Category Rules (PCRs) and/or Environmental Product Declarations (EPDs), as well as Product Carbon Footprints (PCFs) and associated IT and project management services pursuant to the relevant Additional Terms and Conditions (“Additional Terms and Conditions”). Any terms and conditions of the Customer shall only apply if and to the extent that DIN Media expressly agrees to such terms and conditions. This shall also apply if DIN Media performs services without reservation in the knowledge of the Customer’s terms and conditions.

1.2.    All services of DIN Media shall be provided on the basis of these DIN EPD programme GTC and the relevant Additional Terms and Conditions. These DIN EPD programme GTC and the relevant Additional Terms and Conditions shall apply as a framework agreement, including for future services in connection with the provision of IT and project management services between DIN Media and the Customer, without a renewed reference being necessary in each case.

1.3.    These DIN EPD programme GTC and the relevant Additional Terms and Conditions are part of the relevant Contract between DIN Media and the Customer.

1.4.    The latest version of the Programme instructions of the DIN EPD programme (“Programme instructions”) shall also be part of the Contract between DIN Media and the Customer. The Programme instructions are available to the public at dinmedia.de/en/standards-products/epd. Any technical or procedural provisions in the Programme instructions that differ from these GTC shall take precedence, insofar as they relate to EPD processes.

Download the Programme instructions (PDF)
 

2.    Conclusion of Contract

2.1.    The Licensor’s offers shall be subject to confirmation. A Contract shall only come into force if DIN Media sends confirmation in text form within 14 calendar days after receipt of the order or begins to perform the contractual service within this period.

2.2.    Cost estimates are only binding if they are expressly designated as binding by DIN Media.

3.    Provision of services: DIN PCR development

3.1.    The PCR is the binding methodological basis for the development of Environmental Product Declarations (EPDs) for a defined product category in accordance with DIN EN ISO 14025, DIN CEN ISO/TS 14027 (and additionally, in the construction sector in accordance with DIN EN 15804) and the provisions of the DIN EPD programme.

3.2.    Depending on the scope of services commissioned, DIN Media shall provide the following services in particular: DIN Media shall assess the need for new DIN PCRs if there is no suitable basis for EPD development and shall provide the corresponding templates. It shall commission DIN e. V. to develop DIN PCRs, including conducting an open consultation. It shall also appoint an ad hoc PCR review committee for technical review and shall decide on the adoption of DIN PCRs and suitable PCRs from other EPD programmes or institutions. DIN Media shall publish the final DIN PCRs and shall provide a publicly accessible overview of all PCRs, including relevant metadata. It shall ensure the unique identification and versioning of documents and access to current and historical versions. DIN Media shall initiate and oversee regular reviews of existing DIN PCRs and adopted PCRs. It shall coordinate necessary revision processes and may, where necessary, commission DIN e. V. with further revision.

3.3.    In particular, the services shall not include the development of Life Cycle Assessment (LCA) studies or EPDs based on the PCR. Nor shall they include consultancy services on product optimization or on marketing or communication strategies. Legal or certification advice outside the PCR process shall not form part of this Contract. Furthermore, no guarantee shall be given as to the subsequent approval/adoption or use of the PCR by third parties or other programmes.

4.    Provision of services: DIN EPD and PCF development

4.1.    The EPD shall be prepared and published in accordance with DIN EN ISO 14025, based on a valid PCR and the Programme instructions. The PCF shall be developed and published in accordance with DIN EN ISO 14067, based on a valid PCR and the Programme instructions.

4.2.    Depending on the scope of services commissioned, DIN Media shall provide the following services in particular: it shall assume the formal coordination of EPD development, including checking that the submitted documents are complete, providing support in selecting the applicable PCR, and coordinating the verification process. 

4.3.    Furthermore, DIN Media shall carry out the internal final review and shall decide whether to accept or reject the EPD and PCF for publication. As part of the publication process, it shall assign the EPD/PCF document number, shall publish the EPD at the location where the DIN EPD programme publishes EPDs and PCRs for 1 year (longer if specifically commissioned), and shall provide the EPD in the specified language and data formats. Optionally, verified extracts (e.g. Product Carbon Footprint) may also be published subject to agreement.

4.4.    In particular, the services shall not include the development of the Life Cycle Assessment (LCA) or the development of the content of the EPD or the EPD background report. Nor shall they include consultancy services on data collection or modelling. No guarantee shall be given as regards regulatory approval, eligibility for funding or market acceptance. Furthermore, translations carried out by third parties outside the DIN Sprachendienst (language service) shall not form part of the services.

5.    Provision of services: commissioning the verification

5.1.    Within the scope of the verification, it is confirmed on the basis of the background report on the Life Cycle Assessment that the data and information contained in the EPD and PCF comply with the specified requirements. Verification involves, in particular, reviewing the EPD with regard to plausibility, data quality, assessment methodology, conformity with the calculation rules, and the correct presentation of the results and additional information.

5.2.    Verification shall be carried out by independent external third parties in accordance with the Programme instructions of the DIN EPD programme and DIN EN ISO 14025. DIN Media shall commission the verification by independent verifiers approved under the DIN EPD Programme, shall ensure that the verification procedure complies with the DIN EPD programme, and shall review the formal verification results.

5.3.    In particular, the verification service shall not include the revision of the EPD, the EPD background report or the underlying Life Cycle Assessment (LCA). Nor shall any consultancy be provided on data collection, modelling or methodological design, nor on any necessary clarifications. No warranty shall be given for subsequent regulatory recognition, market acceptance or use of the EPD/PCF. Furthermore, the verification process shall not comprise a comprehensive review of all data, but is carried out on a risk-based basis using the documents provided.

6.    Rejection and withdrawal of EPDs

6.1.    DIN Media is entitled to refuse to publish an EPD or to withdraw an EPD if

a)    the formal requirements of the Programme instructions are not met,

b)    the verification has not been successfully completed or there are significant shortcomings,

c)    it transpires after publication that the content is incorrect, incomplete, misleading or inconsistent with the programme,

d)    there is a risk to the integrity or neutrality of the DIN EPD programme. 

6.2.    Subject to the conditions set out in subclause 3.1, the Customer has no claim to publication.

7.    Rights of use and publication rights of the EPD

7.1.    The EPD is the property of the Customer (“EPD owner”). The Customer warrants that it holds all rights necessary to grant the following rights of use and publication.

7.2.    The Customer grants DIN Media the exclusive right to use the EPD, without any geographical or temporal restrictions. This includes, in particular but not limited to:

a) the publication, making available to the public and provision within the DIN EPD programme through the DIN Media webshop,

b) the reproduction, archiving and storage in all digital and physical formats,

c) the use in databases, registers and information systems of the DIN EPD programme,

d) the disclosure of the EPD or extracts thereof to independent verifiers, review panels, external EPD programmes or platforms approved under the DIN EPD programme, for the purposes of approval, registration, secondary republication or linking, 

e) the use for quality assurance, revision compliance, further development and technical improvement of the DIN EPD programme, as well as for documenting programme decisions.

7.3.    The Customer grants DIN Media the exclusive right to publish the EPD. This includes, in particular, the initial publication and all subsequent publications, versioning, updating, renewal and provision of the EPD, as well as publication in the specified language and data formats.  Publication by the Customer or by third parties elsewhere, in other registers or on their own or external platforms, as well as independent hosting by the Customer, is not permitted. This does not affect the inclusion of the EPD into external programmes or approved platforms, provided that publication takes place via DIN Media or DIN Media gives its consent. 

7.4.    The Customer is entitled to use its EPD and extracts prepared from it for its own internal and external communication. Use shall primarily be via a direct link to the location where the DIN EPD programme publishes EPDs and PCRs at DIN Media. The use and reproduction of the EPD for third parties (e.g. in tenders) is only permitted if linking is not technically or practically possible and the Customer ensures that the version of the EPD valid at the time of reproduction is used. 

7.5.    The Customer is not permitted to make any edits, alterations or changes to the content of the EPD. This excludes extracts, visualizations or summaries that are clearly identified as such and do not change or distort the content of the published EPD.

7.6.    Further or additional rights of use, publication or adaptation may be agreed in separately concluded copyright and rights-of-use agreements. These shall take precedence over the provisions of these GTC.

8.    Remuneration and terms of payment

8.1.    The remuneration and terms of payment agreed in the offer shall apply.

8.2.    The Customer shall automatically be in default of payment no later than 30 calendar days after the due date and receipt of the invoice, unless it is not responsible for the non-performance.

9.    Liability

9.1.    DIN Media shall be liable pursuant to statutory provisions (a) in the event of intentional and grossly negligent damage; (b) in the event of injury to life, body or health; (c) under the provisions of the Produkthaftungsgesetz (German Product Liability Act); and (d) within the scope of any guarantee assumed.

9.2.    For simple negligent breach of a contractual duty which is material to achieve the purpose of the Contract, and which the Customer relies on and is entitled to rely on being fulfilled (material contractual obligations), DIN Media’s liability shall be limited in terms of the amount to the foreseeable damage and damage typical for such contracts. DIN Media’s liability shall be otherwise excluded.

9.3.    The above limitations of liability shall also apply mutatis mutandis in favour of DIN Media’s vicarious agents.

9.4.    The strict liability of DIN Media according to § 536a para. 1, 1st alternative of the German Civil Code (BGB) shall be excluded due to defects that already exist at the time the Contract is concluded.

9.5.    DIN Media shall not be liable for errors in the Customer’s data, calculations or documents, and in particular for errors in EPD content, LCA models or background reports. DIN Media shall not perform any review of the content, technical accuracy or Life Cycle Assessment of the data, calculations, models, background reports or EPD content provided by the Customer. Full responsibility for the accuracy, completeness, plausibility and compliance with standards of all content shall lie exclusively with the Customer.
DIN Media shall only perform a formal completeness check and provide administrative process support in accordance with the Programme instructions.

9.6.    DIN Media shall not be liable for the decisions of the independent verifiers or for the technical conformity of the EPD.

9.7.     The Customer, as EPD owner, shall bear full responsibility for all its activities and for the use of the EPD. The EPD owner shall be solely responsible for all claims, including product liability claims, that could arise in connection with the use, manufacture and sale of products by the EPD owner.  

9.8.    In the event of loss of data, DIN Media shall only be liable for the time and effort required to restore the data, subject to proper data backup by the Customer.

10.    Data protection

10.1.    The Parties undertake to comply with the statutory provisions of data protection and to impose compliance with these provisions on their employees and any subcontractors. The Parties are also obliged to support each other in the fulfilment of the legal requirements and provisions on data protection and data security in accordance with this Contract.

10.2.    Should it transpire that the cooperation between the Parties with regard to personal data requires the conclusion of additional agreements on data protection (e.g. an order processing agreement pursuant to Art. 28 of the GDPR), the Customer shall conclude such an agreement with the Licensor and comply with the obligations set out therein to the extent necessary to ensure the lawfulness of the processing of the data.

11.    Confidentiality

11.1.    The Customer is required to maintain confidentiality in relation to all information arising in connection with the relevant Contract and its execution, and to use such information exclusively for the purposes specified in the relevant Contract.

11.2.    The Customer shall be obliged to ensure that its employees also maintain confidentiality vis-à-vis third parties.

11.3.    This obligation shall not apply to documents and information which is generally known, or which were already known to the Customer at the time of receipt without the Customer being under any obligation of confidentiality, or which are developed by the Customer without using documents or information subject to confidentiality. This obligation shall also not apply if the Customer is required to disclose the information by law or by an order from a public authority or a court.

11.4.    The disclosure of confidential information to third parties shall only be permitted with the prior written consent of DIN Media.

11.5.    The non-disclosure obligation shall continue to apply even after termination of the Contract.

12.    Prohibition of set-off

12.1.    The Customer shall only be entitled to offset and to assert a right of retention insofar as the counter claim used for this purpose

a) is either undisputed or legally adjudicated, or

b) in the event of being asserted in court proceedings, is ready for decision at the time of the last oral hearing, or

c) is in a reciprocal (synallagmatic) relationship with the principal claim.

13.    Force majeure

13.1.    The Parties shall not be liable to each other for any delays in performance arising from force majeure, namely circumstances beyond their respective control. 

14.    Final provisions

14.1.    DIN Media reserves the right to amend these DIN EPD programme GTC, as well as the Additional Terms and Conditions at any time in the event of changes in the legal situation, supreme court rulings or market conditions, provided that such amendments do not lead to a redesign of the contractual structure. The Customer shall be notified of the amended DIN EPD programme GTC or Additional Terms and Conditions at least two (2) weeks before they come into force. The amended DIN EPD programme GTC or the amended Additional Terms and Conditions shall be deemed to have been approved by the Customer if the Customer does not object to them in writing to the Licensor within two (2) weeks of notification. The Licensor shall specifically draw the Customer’s attention to this deadline and the consequence of missing the deadline when announcing amendments.  

14.2.    These DIN EPD programme GTC, the Additional Terms and Conditions and the Contracts are subject to the law of the Federal Republic of Germany. The UN Convention on Contracts for the International Sale of Goods (CISG) shall not apply. The courts with jurisdiction at Licensor’s registered office shall have exclusive jurisdiction over all disputes concerning rights and obligations arising from the DIN EPD programme GTC, the Additional Terms and Conditions and the Contracts, including their validity. However, DIN Media shall be entitled to sue the Customer at its general place of jurisdiction.

14.3.    The Customer shall not be entitled to assign rights or claims arising from the Contracts to third parties without DIN Media’s prior written consent.

14.4.    Any amendments or additions to these DIN EPD programme GTC or to the Additional Terms and Conditions shall be made in writing to be effective. This shall also apply to any amendment of this requirement for written form.

14.5.    The invalidity or unenforceability of one or more provisions of these DIN EPD programme GTC shall not affect the validity of the remaining provisions of these DIN EPD programme GTC. The same shall apply in the event that these DIN EPD programme GTC do not contain a provision which is necessary in itself. The Parties shall replace the invalid or unenforceable provision with the legally permissible and enforceable provision that comes closest in economic terms to the meaning and purpose of the invalid or unenforceable provision. If these DIN EPD programme GTC are incomplete, the Parties shall enter into an agreement with the content to which they would have agreed in terms of the DIN EPD programme GTC if the regulatory gap had been known at the time of conclusion of the Contract.