Contract law. Energy supply agreement (most important)

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Contract law. Energy supply agreement (most important)

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28. POWER SUPPLY CONTRACT

Energy supply agreement - an agreement under which one party (energy supply organization) undertakes to supply energy (or energy carriers) through the connected network to the other party (subscriber), which undertakes to pay for it, as well as to ensure the established regime and safety of energy (or energy carriers) consumption.

The energy supply contract is :

1) consensual - the contract is considered concluded from the moment when the parties have reached an agreement on all essential terms;

2) compensated - the basis for the fulfillment of the obligation to transfer the goods is the receipt of counter satisfaction in the form of the purchase price, and vice versa;

3) mutual - the existence of subjective rights and obligations of both parties to the energy supply agreement;

4) public.

The specifics of power supply to citizens' subscribers is the special nature of the rights and obligations of the parties under the contract.

Seller an entrepreneur - an energy supply organization, in some cases - a primary consumer, transferring the energy received by him to another person (sub-subscriber) with the consent of the energy supply organization.

Buyer - a legal entity (including a reseller) or a citizen.

The object of the contract acts as energy (in various forms) and energy carriers, i.e. substances that release energy during their use (steam, gas, other goods, the list of which is open). The object of the contract is the only essential condition of the energy supply contract.

Form of contract - written.

Rights and obligations of the seller.

The main responsibility of the seller is to supply the subscriber with energy (energy carriers):

1) in a certain amount;

2) in compliance with the agreed mode of submission;

3) established quality;

4) the supplier organization must ensure the safety (proper technical condition) of energy networks and energy metering devices;

5) the right to stop the supply of energy in case of delay in payment beyond the established period;

6) the right to collect a penalty from the subscriber.

Rights and obligations of the subscriber :

1) ensuring the safety of energy consumption;

2) compliance with the established mode of consumption;

3) payment for the received energy;

4) informing the energy supply organization about violations arising from the use of energy;

5) the right to receive the required amount of energy within the limits stipulated by the contract;

6) the right of the subscriber's unilateral refusal to accept energy;

7) the right, with the consent of the energy supplying organization, to transfer the energy received by it to the sub-subscriber.

Certain types of power supply contracts may establish additional obligations of the subscriber.

Author: Rezepova V.E.

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