Ecobatt Energy Cambodia


Battery waste collection agreement


This Agreement is entered into as of this _____day of …., 2021, by and between ……………………………..(Client) which has its office at ………………………………………and Ecobatt Energy Cambodia (Collector) which has its office at _________________________________, for battery waste management services. WHEREAS, Client requires professional engineering and other services to collect, identify, package, label, haul, recycle, treat, incinerate and/or dispose of said wastes; WHEREAS, Ecobatt Energy Cambodia is authorized and mandated by Cambodian Ministry of Environment, can provide such services and is in the business of battery maintenance and collection and have the expertise, experience, resources and capability to perform the collecting, identifying, labeling, hauling and send for safe treatment and recycling in line with Basel Agreement. Now, THEREFORE, in consideration of the premises and material promises set forth below the parties hereby agree as follows: Acting on its own behalf and/or in its capacity as a representative of the natural persons or legal entities subject to the obligations referred to Royal Decree, Prakas 447, Sub Decree 16 from Cambodian Ministry of Environment on the battery and e-waste management, as listed in Appendix 1, when appropriate.

EcoBatt Energy Cambodia and the Member shall be referred to hereinafter separately as a “Party A and Party B” and together as the “Parties”.

WHEREAS, Pursuant to Articles of the Royal Decree, Prakas 447, Sub Decree 16, any natural person or legal entity located on the national territory that places any types of batteries or accumulators or e-wastes on the market on the national territory in a professional capacity (“the end user”), regardless of the    used, shall be obliged to dispose them properly so they can be store safely and send for treatment and recycling following the Basel agreement.

“The end user” satisfies their obligations, prorate the tonnage of batteries and accumulators and e-wastes that they purchase and place on the market on the national territory, either by setting up an individual system or by joining and contributing to an authorized environmental body.

EE Collection services was created on July 2022 by EcoBatt Energy in collaboration with Cambodian Ministry of Environment to organize  the collection and treatment of used batteries and accumulators and e-wastes. EE Collection services were authorized by an order of the Cambodian Ministry of Environment, for a period of 5 years renewable. EE Collection services offer to discharge Producers’ collection and treatment responsibilities on their behalf.

EcoBatt Energy Cambodia aims to be a responsible operator in the battery and accumulator and e-wastes sector, working in partnership with all other stakeholders. EcoBatt Energy environmental policy is available on its website at (the “Site”).

The Member wishes to join an approved body, both on its own behalf and on behalf of any of the natural persons or legal entities listed and has selected EcoBatt Energy to discharge its waste collection and treatment responsibilities.

It is in this context that the Parties came together to enter into this contract (the “Contract”).



The purpose of the Contract is to allow the Member to discharge its legal obligations in accordance with the provisions of Royal Decree, Prakas 447, Sub Decree 16 of the Environmental law on responsible disposal of battery and accumulator and e-wastes, provided it reports the    quantities of the Products placed on the market.

“Products” shall mean new batteries and accumulators and e-wastes placed on the national market, namely, according to the wording of Royal Decree, Prakas 447, sub decree 16 of the Environmental law, “any battery, button      cell, battery pack or accumulator that is sealed and that can be hand-carried and an industrial battery or accumulator (lead acid or lithium type)”.

An additional purpose of the Contract is to set out the respective obligations of the Parties and determine the rules for use of the “EE Collection” extranet (the “Extranet”) made available to the Member on the Site.

2.1. The member obligation

2.1.1. During its membership and during the entire term of the Contract, the Member undertakes to provide EcoBatt Energy Cambodia with complete and accurate information and to keep it updated immediately, namely as regards the list of Principals listed in Appendix 1, when “Report” shall mean the Member’s reports regarding the quantity of Products placed on the market in year N-1 (and in years N-2 and N-3 if the provisions of Article 2.1.3 apply to the Member) by the Member and, if applicable, by its Principals.

2.1.2. The access codes provided to the Member to enable it to log in to the Extranet are private and Consequently, the Member shall be fully responsible and liable for the use of the access codes provided to it. Any log-in to the Site and/or data transmission using the Member’s access codes shall be deemed to have been performed by the Member itself. When the Member joins, it undertakes to provide EcoBatt Energy Cambodia with a Report stating the quantities of Products placed on the market in year N-1, within a period of 30 days as from the date the Member signs the Contract.

2.1.3. For the following years, the Member shall use the Extranet to submit its Report stating the quantities of Products placed on the market in year N-1, in accordance with the procedure and instructions given to it by EcoBatt Energy Cambodia by no later than the date in year N indicated by EcoBatt Energy Cambodia.

2.1.4.Following each Report, the Member shall arrange for a certificate of compliance to be drawn up by one of its duly authorized legal representatives, its statutory auditor, or its chartered accountant, certifying the quantity of the Products reported. 

2.1.5. The Member undertakes to comply with the applicable regulations, and in particular with the regulations on employment, health, and safety.

2.1.6. It also undertakes to use its best efforts to adhere to the guidelines of  EcoBatt Energy’s environmental policy that is presented on the Site.

2.2. EcoBattEnergy’s obligations

During the entire term of performance of the Contract, EcoBatt Energy Cambodia undertakes to:

  • Provide to the Member one battery waste collection bin within 14 days after signature of the agreement & membership validation
  • Make available to the Member a specific Extranet to enable it inter alia to monitor the performance of the Contract and to facilitate exchanges between the Parties. The Extranet also includes a dedicated space for the Member to access various information and documents applicable to it.
  • Satisfythe obligations arising from its approval, as reiterated n its 
  • Consequently, EcoBatt Energy must register the Member in the register maintained in accordance with Royal Decree, Prakas 447, Sub Decree 16 of the Environmental law. EcoBatt Energy also undertakes to provide quarterly report to Ministry of Environment, on behalf of the Member, with all the information that  the latter is obliged to provide it with pursuant to the MoU agreement and environmental law, on the registration and reporting procedure with the national register for batteries and accumulators, adopted to implement Royal Decree, Prakas 447, Sub Decree 16 of the Environmental law and in particular with the information on the placing of the Products on the market.
  • Keep confidential and therefore not to disclose to any third party, any documents, information or data that the Member may have disclosed to it in connection with the  Any disclosure may only take place with the joint, written agreement of the parties unless such disclosure is required pursuant to the provisions related to statistical reporting contained in EcoBatt Energy’s Specifications or by the law or regulations or for the purposes of legal proceedings.

3.1.The contract shall be entered into for a fixed term, beginning on ………….2022 which the Contract is signed by the Member and expiring on ……………….

Upon expiry of that period, it shall be renewed tacitly for one or more periods of 12 (twelve) months each, unless it is terminated by either Party by registered letter with acknowledgment of receipt sent no later than 3 (three) months before the expiry of the current period.

If the Contract is not renewed, the Parties expressly agree that notwithstanding its expiry, the Member must report and pay the Contribution corresponding to the Products placed on the market during the last year of the Contract’s performance.

3.2.It is expressly agreed that non-renewal of the Contract on any expiry date shall not entitle either party to any compensation whatsoever.


 4.1  It Failure by either Party to comply with any of the clauses of the Contract shall entitle the other Party to terminate the Contract automatically without the need for legal action, 30 (thirty) days after it has sent a demand to comply by registered letter with acknowledgement of receipt that has remained without effect; the injured Party may also petition the courts for compensation for loss or damage suffered.

The Contract shall also be terminated as of right in the event of the withdrawal or non-renewal of EcoBatt Energy’s authorization, without any compensation of any kind being owed by either party.

4.2 If the Contract is terminated early for any reason whatsoever and regardless of the Party

terminating it, the Parties expressly agree that termination shall only take effect on the date of payment by the Member of the Contributions for the Products placed on the market up to the termination date of the Contract.



5.1 EcoBatt Energy is the sole owner of the intellectual property rights to its brands and logos. However, the Member shall have the right, during the term of performance of the Contract only, to mention on its Products and packaging that they are collected and recycled by EcoBatt Energy.

If the Member wishes to exercise this right, it must inform EcoBatt Energy thereof and obtain its prior written consent.

5.2 The Member authorizes EcoBatt Energy to cite the Member’s company name and logo in its institutional communications and as a business reference (in its presentation brochures, annual reports, etc.) during the entire term of performance of the Contract.



6.1 The Contract is entered into with the Member only; consequently, it may not be assigned or transferred in any manner whatsoever without EcoBatt Energy’s prior written consent. However, the Contract shall be transferred automatically in the event of the transfer of all the Member’s assets and liabilities, namely by merger or de-merger, to the merging company or to the beneficiary companies.

6.2 The Parties expressly agree and the Member accepts that any amendment of any kind whatsoever relating to EcoBatt Energy shall have no impact on the validity or performance of the Contract.


EcoBatt Energy shall use its best efforts to secure access to and viewing and use of the Extranet and the Site in accordance with Internet usage rules, namely regarding protection against viruses.

The Extranet may be accessed 24/7 except in the event of force majeure or the occurrence of an event beyond the control of EcoBatt Energy, and subject to any failures affecting the Site and the maintenance operations necessary for it to operate properly. Maintenance operations may be carried out without first notifying the Member thereof. The Member represents that it accepts the characteristics and limits of the Internet; in particular, it acknowledges that:

  • it is responsible for taking all the necessary steps to ensure that the technical characteristics of its equipment enable it to view the Extranet and the Site and upload and download data;
  • it is familiar with the nature of the Internet, in particular, its technical performance and the response times necessary to view, query or upload and download information;
  • it is responsible for taking all the steps necessary to protect its own data and/or software against contamination by any virus circulating throughout the Extranet and the Site;
  • it shall be solely liable for its use of the Extranet and the Site; the Extranet and the Site areaccessible “as is” and depending on their availability;
  • it shall be solely liable for its uploads and downloads and any harm caused to its computer and/or any loss of data caused by its uploads and downloads or, generally, viewing of the Extranet and the Site;
  • it shall be liable for the disclosure of its access codes or, generally, of any information deemed
ARTICLE 9 –Personal Data

EcoBatt Energy complies strictly with the laws in force on privacy and individual freedoms. However, the Member agrees that its personal information and data are necessary to manage its membership and perform the Contract and that they may therefore be stored by EcoBatt Energy.

For this purpose, the personal data and information disclosed by the Member are intended solely for EcoBatt Energy’s members and accounting departments, without prejudice to the application of

Article 2.2.
They shall under no circumstances be shared with third parties for advertising or promotional purposes without the Member’s prior consent.

The Member has the right to object to, access, rectify and delete its personal data. The Member may exercise this right at any time by sending an e-mail to EcoBatt Energy at

ARTICLE 10 – Audit & Certification

11.1 Client battery park estimation: A survey form will be sent by Ecobatt Energy Cambodia to the Client and will allow Ecobatt Energy Cambodia to acknowledge the Client’s battery park size and allocate the Client in one of the 3 battery’s user categories (small, medium or big). This survey must be accurate and include all the batteries the Client have on site (in operation and in storage) 

11.2 After the survey has been completed and send by the Client to Ecobatt Energy Cambodia, Ecobatt Energy Cambodia will analyze it and estimate the battery waste quantity your company will generate during the year. A copy of this estimation report will be provided to the Client. This estimation will be used as a comparison during the end-of-the-year audit. 

11.3 Yearly audit: At the end of the year Ecobatt Energy Cambodia will proceed to a yearly audit including the total quantity of batteries that has been collected from the Client throughout the year. A comparison between the estimation report and the total collection will be made to check for any discrepancies. Any discrepancy rate of more than 10% will affect the Client’s performance overall score on the Green Certificate Award.
11.4 Yearly Green Certificate Award: After the audit result, a green certificate including a signature and acknowledgment of the Cambodian Ministry of Environment will be rewarded to the Client. The certificate type (Gold, Silver or Bronze) will be given according to the Client’s engagement score in the battery waste responsible management following some requirements. The certificate will be valid for one year. High rated Client will also benefit from visibility in Ministry of Environment and Ecobatt Energy Cambodia communication platform (websites, social media, TV etc…)


12.1 By express agreement between the Parties, the Contract supersedes any prior agreement, arrangement or contract, whether written or oral, concluded between the Parties that relates to the purpose here of.

12.2 The Contract’s recitals, when applicable, are an integral part hereof and are inseparable therefrom.

12.3 In the event of the nullity of any one of the Contract’s provisions, the Parties shall strive in good faith to agree on an equivalent lawful provision. In any event, all the other provisions shall remain in effect.

12.4 Any amendment to any stipulation contained in the Contract must be recorded in writing and signed by both Parties.

12.5 Any acquiescence or repeated acquiescence on the part of EcoBatt Energy shall not

ARTICLE 12 – Force Majeure

Neither Party shall be liable if the performance of the Contract is suspended, delayed or prevented owing to an event of force majeure or an unforeseen event, by the other Party or a third party for reasons beyond its control, such as labor disputes, intervention by civil or military authorities, natural disasters, fire, water damage or the failure of the telecommunications or electricity networks.

The Party that intends to rely on such an event of force majeure must immediately inform the other Party thereof by any method, confirming said information by registered letter with acknowledgement of receipt within 15 (fifteen) days.

If, owing to an event of force majeure, one of the Parties must suspend performance of the Contract, suspension may not last more than 30 (thirty) days; otherwise, the other Party shall be entitled to terminate the Contract as of right without payment of compensation by either Party.

ARTICLE 13 – Address For Service

For the performance hereof and for any proceedings to which the Contract may give rise, the Parties elect their registered office or the address stated at the beginning hereof as their address for service.

Changes of address shall only be binding as from receipt of notice by registered letter with acknowledgement of receipt.


For the performance hereof and for any proceedings to which the Contract may give rise, the Parties elect their registered office or the address stated at the beginning hereof as their address for service.

Changes of address shall only be binding as from receipt of notice by registered letter with acknowledgment of receipt.

Executed in two originals, in Phnom Penh, on ………………….

For EcoBatt Energy Cambodia
Mr. Lean Sokchea
For The Member
Company name: ………………………………………….
Surname, Name ……………………………………..……