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Power Supply Agreement for Austria

Power Supply Agreement Template for Austria

An Austrian-law governed Power Supply Agreement is a comprehensive contract that establishes the terms and conditions for the supply of electrical power between a power provider and a customer. The agreement operates within the framework of Austrian energy legislation, particularly the Elektrizitätswirtschafts- und Organisationsgesetz (ElWOG 2010), and incorporates requirements from Austrian consumer protection laws when applicable. It covers essential aspects such as supply specifications, pricing, measurement, billing, technical requirements, and compliance with Austrian grid regulations, while also addressing both parties' rights and obligations under Austrian law.

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What is a Power Supply Agreement?

A Power Supply Agreement under Austrian law is essential for establishing and managing the commercial relationship between power suppliers and consumers in the Austrian electricity market. This document is typically used when a business, industrial entity, or significant consumer needs to secure a dedicated power supply arrangement, whether for standard operations, specific projects, or specialized facilities. The agreement must comply with Austrian energy regulations, particularly the ElWOG 2010, and includes detailed provisions on supply conditions, technical specifications, pricing mechanisms, and operational requirements. It's particularly important in contexts where reliable power supply is critical to operations and where specific terms need to be negotiated beyond standard utility arrangements. The agreement also needs to account for Austrian grid requirements, consumer protection laws, and environmental regulations, especially regarding renewable energy obligations.

What sections should be included in a Power Supply Agreement?

1. Parties: Identification of the power supplier and the customer, including full legal names, addresses, and registration details

2. Background: Context of the agreement, including premise location, purpose of supply, and any relevant pre-contractual information

3. Definitions and Interpretation: Definitions of technical terms, industry-specific terminology, and interpretation rules

4. Supply Obligations: Core obligations of power supply, including quality standards, voltage levels, and guaranteed capacity

5. Term and Commencement: Duration of the agreement, start date, and conditions precedent if any

6. Connection and Delivery Point: Specifications of the physical connection point and delivery arrangements

7. Metering and Measurement: Requirements for power measurement, meter installation, maintenance, and reading

8. Prices and Charges: Pricing structure, basic rates, and additional charges

9. Billing and Payment: Billing procedures, payment terms, and dispute resolution for invoices

10. Security and Credit Support: Any required security deposits or credit support arrangements

11. Access Rights: Rights of access for maintenance, meter reading, and emergency situations

12. Liability and Force Majeure: Limitation of liability provisions and force majeure events

13. Termination: Termination rights, procedures, and consequences

14. Confidentiality: Protection of confidential information and data protection obligations

15. Dispute Resolution: Procedures for resolving disputes and applicable jurisdiction

16. General Provisions: Standard boilerplate clauses including notices, amendments, and governing law

What sections are optional to include in a Power Supply Agreement?

1. Green Energy Provisions: Required when supply includes specific renewable energy commitments

2. Demand Response: Optional section for agreements including demand response programs

3. Backup Supply: Used when backup or emergency supply arrangements are included

4. Special Consumer Rights: Required when the customer qualifies as a consumer under Austrian law

5. Network Services: Included when the supplier also provides network services

6. Peak Load Management: Optional provisions for managing peak load periods

7. Energy Efficiency Services: Additional services related to energy efficiency improvements

8. Trading and Resale Rights: Required for agreements allowing power trading or resale

What schedules should be included in a Power Supply Agreement?

1. Technical Specifications: Detailed technical requirements including voltage levels, frequency, and power factor

2. Pricing Schedule: Detailed pricing structure, including time-of-use rates if applicable

3. Measurement Requirements: Specific requirements for metering equipment and procedures

4. Site Details: Specific information about the supply location and connection points

5. Performance Standards: Detailed quality and reliability standards for power supply

6. Contact Details: List of key contacts and emergency procedures

7. Network Connection Agreement: Terms of connection to the power network

8. Special Conditions: Any special terms or conditions specific to the customer

Authors

Alex Denne

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

Jurisdiction

Austria

Publisher

Ƶ

Document Type

Purchase Agreement

Cost

Free to use

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