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The Hydrogen Purchase Agreement serves as the primary commercial instrument for establishing a contractual framework between hydrogen suppliers and purchasers in Switzerland. This document is essential for businesses engaging in hydrogen commerce, whether for industrial processes, energy storage, or fuel applications. It addresses the unique challenges of hydrogen trading, including specific safety protocols, quality requirements, and delivery mechanisms. The agreement is structured to comply with Swiss legal requirements, particularly the Swiss Code of Obligations and federal energy regulations, while incorporating international best practices for energy trading. It can be adapted for both long-term supply arrangements and spot transactions, with provisions for various hydrogen types (green, blue, or grey). The document includes comprehensive technical specifications, pricing mechanisms, and risk allocation provisions tailored to the evolving hydrogen market.

1. Parties: Identification of the seller and buyer, including full legal names and addresses

2. Background: Context of the agreement, including the seller's hydrogen production capabilities and buyer's requirements

3. Definitions: Detailed definitions of technical terms, measurement units, and contract-specific terminology

4. Sale and Purchase Obligation: Core obligations including purchase commitments, exclusivity provisions, and take-or-pay arrangements

5. Quantity and Nominations: Specified quantities, minimum/maximum volumes, and nomination procedures

6. Quality Specifications: Detailed hydrogen purity requirements, pressure specifications, and quality testing procedures

7. Delivery Point and Title Transfer: Specification of delivery location(s) and transfer of ownership and risk

8. Transportation and Storage: Responsibilities for hydrogen transportation and any interim storage requirements

9. Price and Payment: Price calculation methodology, payment terms, invoicing, and currency provisions

10. Term and Termination: Contract duration, renewal options, and termination rights

11. Measurement and Testing: Procedures for quantity measurement and quality testing

12. Health, Safety, and Environment: Safety protocols and environmental compliance requirements

13. Force Majeure: Definition and consequences of force majeure events

14. Liability and Indemnification: Allocation of risks and responsibilities between parties

15. Governing Law and Dispute Resolution: Choice of Swiss law and dispute resolution mechanisms