A Gas Purchase Agreement is essential for establishing legally binding arrangements for gas supply transactions in the German market. This document is typically used when parties need to formalize medium to long-term gas supply arrangements, requiring detailed terms for delivery, measurement, and payment. The agreement must comply with German energy regulations, particularly the EnWG and associated ordinances, while also considering EU energy market rules. It contains technical specifications, operational procedures, and commercial terms, including price mechanisms that align with German market practices. The document is crucial for ensuring security of supply and managing regulatory compliance in Germany's regulated gas market.
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1. Parties: Identification of buyer and seller with full legal details
2. Background: Context of the agreement, including any relevant facilities, infrastructure or previous arrangements
3. Definitions: Detailed definitions of technical, commercial, and legal terms used in the agreement
4. Sale and Purchase Obligation: Core obligations of parties regarding gas sale and purchase, including take-or-pay provisions
5. Quantity: Contracted quantities, including ACQ, DCQ, and flexibility provisions
6. Quality: Gas quality specifications and compliance requirements
7. Delivery Point: Specification of delivery point(s) and transfer of title and risk
8. Transportation and Storage: Responsibilities for gas transportation and any storage arrangements
9. Measurement: Gas measurement principles, standards, and procedures
10. Price and Payment: Price calculation, invoicing, and payment terms
11. Term and Termination: Contract duration, renewal options, and termination rights
12. Force Majeure: Force majeure events and consequences
13. Liability and Indemnification: Liability limitations and indemnification provisions
14. Governing Law and Dispute Resolution: Choice of German law and dispute resolution mechanisms
1. Capacity Booking: Required when seller is responsible for transport capacity booking
2. Price Review: Include for long-term contracts requiring price adjustment mechanisms
3. Credit Support: Include when credit protection is required from either party
4. Gas Trading Rights: Include for contracts allowing resale or trading of gas
5. Maintenance: Include when maintenance of facilities affects delivery obligations
6. Environmental Compliance: Include specific environmental requirements if relevant
7. Change in Law: Include for long-term contracts to address regulatory changes
8. Alternative Delivery Points: Include when flexibility in delivery points is required
1. Schedule 1 - Quality Specifications: Detailed technical specifications for gas quality
2. Schedule 2 - Measurement Procedures: Detailed procedures for gas measurement and reconciliation
3. Schedule 3 - Price Calculation: Detailed price formulae and calculation examples
4. Schedule 4 - Nomination Procedures: Procedures and timelines for gas nominations
5. Schedule 5 - Contact Details: Operational and administrative contact information
6. Schedule 6 - Form of Bank Guarantee: Standard form for any required bank guarantees
7. Schedule 7 - Technical Requirements: Technical specifications for delivery facilities
8. Schedule 8 - Operating Guidelines: Day-to-day operational procedures and requirements
9. Appendix A - Interconnection Agreement: Reference to or copy of relevant interconnection agreement
10. Appendix B - Transportation Agreements: Reference to or copy of relevant transportation agreements
Relevant legal definitions
Annual Contract Quantity (ACQ)
Business Day
Calorific Value
Contract Price
Daily Contract Quantity (DCQ)
Delivery Point
Entry Point
Exit Point
Euro
Force Majeure
Gas
Gas Day
Gas Month
Gas Quality Specifications
Gas Year
Gross Calorific Value
Hour
Interconnection Point
Invoice
Joule
Kilowatt Hour (kWh)
Maximum Daily Quantity (MDQ)
Measurement Equipment
Minimum Daily Quantity (MinDQ)
Month
Natural Gas
Network Access Contract
Network Operator
Nomination
Off-Spec Gas
Operating Guidelines
Planned Maintenance
Price Formula
Quality Standards
Quarter
Reasonable and Prudent Operator
Re-nomination
Shipper Code
Standard Cubic Meter
Start Date
Storage Facility
System Operator
Take-or-Pay Quantity
Technical Specifications
Term
Transportation System
Unplanned Maintenance
Virtual Trading Point
Week
Year
Business Day
Calorific Value
Contract Price
Daily Contract Quantity (DCQ)
Delivery Point
Entry Point
Exit Point
Euro
Force Majeure
Gas
Gas Day
Gas Month
Gas Quality Specifications
Gas Year
Gross Calorific Value
Hour
Interconnection Point
Invoice
Joule
Kilowatt Hour (kWh)
Maximum Daily Quantity (MDQ)
Measurement Equipment
Minimum Daily Quantity (MinDQ)
Month
Natural Gas
Network Access Contract
Network Operator
Nomination
Off-Spec Gas
Operating Guidelines
Planned Maintenance
Price Formula
Quality Standards
Quarter
Reasonable and Prudent Operator
Re-nomination
Shipper Code
Standard Cubic Meter
Start Date
Storage Facility
System Operator
Take-or-Pay Quantity
Technical Specifications
Term
Transportation System
Unplanned Maintenance
Virtual Trading Point
Week
Year
Clauses
Parties
Recitals
Definitions
Sale and Purchase Obligations
Quantity
Quality
Delivery
Title and Risk
Transportation
Nominations
Measurement
Price
Invoicing and Payment
Credit Support
Force Majeure
Planned Maintenance
Taxes and Levies
Representations and Warranties
Liability and Indemnification
Assignment
Change in Law
Confidentiality
Notices
Term and Termination
Governing Law
Dispute Resolution
Anti-Corruption
Sanctions Compliance
Data Protection
Entire Agreement
Severability
Waiver
Third Party Rights
Amendments
Counterparts
Recitals
Definitions
Sale and Purchase Obligations
Quantity
Quality
Delivery
Title and Risk
Transportation
Nominations
Measurement
Price
Invoicing and Payment
Credit Support
Force Majeure
Planned Maintenance
Taxes and Levies
Representations and Warranties
Liability and Indemnification
Assignment
Change in Law
Confidentiality
Notices
Term and Termination
Governing Law
Dispute Resolution
Anti-Corruption
Sanctions Compliance
Data Protection
Entire Agreement
Severability
Waiver
Third Party Rights
Amendments
Counterparts
Relevant Industries
Energy
Utilities
Manufacturing
Industrial Production
Chemical Processing
Power Generation
District Heating
Oil & Gas
Petrochemicals
Food & Beverage
Pharmaceuticals
Relevant Teams
Legal
Commercial
Operations
Procurement
Regulatory Affairs
Risk Management
Finance
Trading
Business Development
Technical Operations
Compliance
Supply Chain
Relevant Roles
Energy Procurement Manager
Gas Trading Manager
Commercial Director
Legal Counsel
Regulatory Compliance Officer
Operations Manager
Supply Chain Manager
Risk Manager
Technical Operations Director
Contract Administrator
Energy Portfolio Manager
Business Development Manager
Chief Commercial Officer
Energy Market Analyst
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