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Gas Purchase Agreement for Germany

Gas Purchase Agreement Template for Germany

A comprehensive legal agreement governed by German law that establishes the terms and conditions for the sale and purchase of natural gas between a supplier and buyer. The document incorporates requirements from the German Energy Industry Act (EnWG) and related regulations, detailing specifications for gas quality, quantity, delivery points, measurement, pricing, and payment terms. It includes provisions for regulatory compliance, operational procedures, and risk allocation, while addressing specific German market requirements and EU energy regulations.

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What is a Gas Purchase Agreement?

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.

What sections should be included in a Gas Purchase Agreement?

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

What sections are optional to include in a Gas Purchase Agreement?

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

What schedules should be included in a Gas Purchase Agreement?

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) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Germany

Publisher

Ƶ

Document Type

Sales Agreement

Sector

Sales

Cost

Free to use
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










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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