Example heat supply contract

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Heat supply contract
Fixed and signed between the district heating plant XY (in the following called “provider”) and the heat consumer (in
the following called “consumer”),
1. Content of the contract:
This heat supply contract between provider and consumer consists of the following documents:
 Project description
 Annex A: Project description (individual for each project)
 Annex B: Drawing of the connection system
1.2
The provider is liable to deliver heat energy to the consumer _____ for the purpose of the object
heating (room heating, air conditioning and warm water) for the duration which is fixed in 2.1 in adequate quantity up
to the maximum connection of _____kW to deliver.
1.3
The consumer has to guarantee that all liabilities from the contract which are related to the builder.
For this purpose the provider installed a heating station and a heat transport pipe up to the supplier service station.
The pipe including the supplier station is in the ownership of the provider.
1.4
If the provider is not able to deliver heat because a damage due to an Act of God or other
unpreventable reasons, the liability for heat supply is not in force in this period. The provider has the liability to repair
the damage or the barrier as soon as possible.
1.5
The provider has the eligibility due to technical damage (excluded the heat counter unite) to interrupt
the heat supply. In this case the supplier has to inform the consumer immediately and to repair the damage or to
correct the irregularity as immediately.
2. Range of supply:
2.1
The supply with heat is during the whole year.
Alternative: The supply with heat starts in September and will end in July. It will start when the of the official weather
service station:___ reports on 3 continuous days the environment temperature at 21:00 is lower then 15°C. The heat
supply will end when the temperature in 3 days at 21:00 is more than 15°C.
In case that the provider will interrupt the heat supply longer than _____ hours due to any reason (excluded an Act
of God), he is responsible and has to comer up for losses arising from this event up to a maximum of ___€.
2.2
panels.
The consumer is liable to consume heat only from the provider, excluded are tiled stoves and solar
3. Consumer equipment:
3.1
The consumer has the responsibility to maintain his heat delivering system beginning from the supplier
service station (for example; flange after heat exchanger) that he can fulfill his heat consume liability. In case of
technical reasons the consumer can interrupt he heat consume but has to inform the provider and has to repair he
technical problem immediately.
3.2
The consumer is responsible to realise the supplier service station according the technical description
in Annex B: Drawing of the connection system. Any modification allows the provider to ask for compensation and to
cancel the contract.
4. Integration in the heat supply system:
4.1
The integration of the consumer is realised with the supplier service station. It consists of heat
exchanger, heat counter and necessary measurement equipment for pressure and temperatures. The supplier service
station is property of the supplier, the consumer is responsible (and has to pay) for aeration, electricity, dewatering
and protection against freezing. The supplier has the right to make maintains, measurement and calibration works. The
consumer has to provide the space and the electricity nonpaid.
4.2
The consumer is obligated to pay a contribution to building costs of ____€ (excluding taxes).
Payment target: 50% after signing the heat supply contract and 50% at the beginning of the heat supply, to pay during
14 days without discount.
5. Heat counting:
5.1
For the heat counting calibrated counter were used. Type, number and size of the counter is under
the responsibility of the supplier. The consumer has the right to access the counter location.
5.2
The counter is in the property of the supplier. The consumer can ad additional counter under his
responsibility (technical and financial). The consumer has the right to request (in written form) an inspection by an
authored institute: If the measured difference in heat counting is more then the allowed difference the provider has to
pay all costs, otherwise the consumer has to pay.
5.3
provider.
The heat counter will be changed periodically as written in the verification act and paid by the
5.4
In case of droubles or damages with the heat counter, the consumer has to inform the provider
immediately. The costs have to be covered by the provider, except the consumer is responsible for the damage.
5.5
details.
Heat sales to third persons need the allowance of the provider. Additional contract will regulate the
6. Heat price:
6.1
The fee for the “heat price” consists of the following components:
1.
EP - energy price for the counted heat in €/kWh delivered heat
2.
BP – basic price depending on the connected load in €/kW
3.
MP – meter price or meter charge for the heat counting system in €/year.
6.2
The total heat price HP is calculated as follows: HP = EP + BP + MP (excluding taxes)
The provider eligible and committed to adapt the price of the three components of the heat price.
The price will be increased or decreased depending on the following indices: (1/3 Energy wood index, 1/3 consumer
price index, 1/3 oil price index). In case the energy wood index is not published the wood index will be used in this
year. The calculation will be made in the third quarter of the year with the currently published index value.
Price Base: 1 July 2011 with the average value of the index of the previous year.
6.3
The energy price, the basic price and the meter price are at the day of the price base:
€_____/ MWh counted heat energy price (excluding taxes)
€_____/ kW connection load basic price (without taxes)
€_____/ year per heat counter
meter price (without taxes)
7. Accounting and payment:
7.1
Beginning with the date of the first heat supply 4 equal quarterly bills (____€ down payment) where
fixed with the consumer.
7.2
At the ____(1. June) each year will be made the final bill of the previous year depending on the total
consumed heat and adapted with the index in 6.3.
7.3.
Für die folgenden Bezugsjahre werden betragsgleiche vierteljährliche Beträge vorgeschrieben, die sich
nach dem verrechneten Wärmebedarf des Vorjahres richten.
7.4
The payment transaction has to be done during 30 days without discount
8. Interruption of the heat supply contract:
8.1
The provider is qualified to stop heat supply immediately if the consumer will not pay the bill after
registered demand not, especial if:
a)
bills will not paid within 14 days after extension of time
b)
heat against the contract released or used
c)
changed equipment related to the heat supply without written agreement of the provider
d)
removed or destroyed equipment of the provider, also removing the sealing of the heat counter.
e)
impacted heat counter in the function
f)
removed water from the supply system of the provider
g)
the technical connection and operation conditions (according to drawings and description in annex B)
are not fulfilled
8.2
start.
The provider is also authorised to interrupt heat supply if insolvency proceeding of the consumer will
9. Duration of the heat supply contract:
9.1
The contract will start with the beginning of the heat supply for the duration of _____total heat
consuming years, beginning with the day of the first heat supply. The contract is fixed with a duration of _____ years
and can not be cancelled before.
The reason fort the long duration contract is explained to the consumer during the contract handover. and described
in annex A.
Each contract partner can cancel the contract at latest 1/2 year before duration end, otherwise the contract duration
is extended for the next year.
9.2
Independent of dismissal conditions each contract partner has the right to cancel the contract after
grossly violation of contract parts of the other contract partner
9.3
The provider can remove after contract cancellation all equipment of heat transfer and heat
measurement by there own costs.
9.4
This contract will change over to legal successor of both partners.
9.5.
The consumer is eligible to inform the provider during the contract duration of changes of the
building if the heat demand is dependant by this construction work (for example extension of living space).
10. Additional regulations:
10.1
In case of sale of the object (flat, building), the consumer has to organize the transfer of the contract
to the new contract partner. The consumer has to inform the provider within one month after the sale about the
change on the consumer.
10.2
The consumer is eligible the allow the provider the positioning of the heat transport tubes in the
ground of the consumer without any payment.
10.3
For resolution of disputes the court of jurisdiction is _____.
10.4
Costs and taxes of contract formation will pay the consumer.
10.5
With signature of this contract the provider has the appointment to supply the consumer with heat.
11. Summary :
Provider:_____
Consumer:_____
Billing address:_____
Max connection load: _____kW
Contribution to building costs
€………..
Energy price:
Basic price:
Meter price:
Base for Index:
€ ……… /MWh
€ ……… pro kW
€ ……… /year
………………..
For the consumer:
for the provider:
...............................................
...............................................
...............................................
Location:______;
date:_____;
…............................................
Signature of the supplier:______
Signature of the operator:______
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