Gas Purchase Agreement Template for Germany

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Key Requirements PROMPT example:

Gas Purchase Agreement

"I need a Gas Purchase Agreement under German law for supplying natural gas to a manufacturing facility in Bavaria, with an annual contract quantity of 500,000 MWh and delivery starting from March 1, 2025, including take-or-pay provisions and quality specifications suitable for industrial use."

Document background
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.
Suggested Sections

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

Optional Sections

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

Suggested Schedules

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

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions
Clauses
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

Industries
German Energy Industry Act (EnWG - Energiewirtschaftsgesetz): Primary legislation governing the electricity and gas supply in Germany, including network access, supply security, and market regulation
German Civil Code (BGB - Bürgerliches Gesetzbuch): Fundamental law governing contractual relationships, including general contract terms, obligations, and liability provisions
Gas Network Access Ordinance (GasNZV - Gasnetzzugangsverordnung): Regulates the access to gas supply networks and details the rights and obligations of network operators and users
Gas Network Tariff Ordinance (GasNEV - Gasnetzentgeltverordnung): Determines the methodology for calculating network usage fees and tariffs
EU Regulation No 1227/2011 (REMIT): Ensures transparency and prevents market abuse in wholesale energy markets, including gas trading
EU Gas Directive 2009/73/EC: Establishes common rules for the transmission, distribution, supply, and storage of natural gas
German Act Against Restraints of Competition (GWB - Gesetz gegen Wettbewerbsbeschränkungen): Regulates competition law aspects and prevents anti-competitive practices in the gas market
Technical Rules for Gas Installations (DVGW Regulations): Technical standards and safety requirements for gas installations and infrastructure
German Weights and Measures Act (MessEG - Mess- und Eichgesetz): Regulates the measurement and billing of gas quantities
German Price Clause Act (Preisklauselgesetz): Governs the permissibility and limitations of price adjustment clauses in long-term contracts
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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