Transportation Service Contract

Transcription

1 Transportation Service Contract between Baumgarten-Oberkappel Gasleitungsgesellschaft m.b.h. Floridsdorfer Hauptstrasse 1, floridotower 1210 Vienna, Austria (hereinafter referred to as Carrier) and xxxxxxxxxxxxxx xxxxxxxxxx Address Postal Code, City (hereinafter referred to as Shipper) Transportation Service Contract Page 1 of 10

2 - 2 - Content Article 1 Object 3 Article 2 Inlet Point and Outlet Point 4 Article 3 Capacities 5 Article 4 Tariff 6 Article 5 Arbitration 8 Article 6 Term 9 Article 7 General Terms and Conditions 10 Transportation Service Contract Page 2 of 10

3 - 3 - Article 1 Object This Contract sets out the terms and conditions for the right of Shipper to have transported by Carrier via the West Austria Gasleitung (WAG) on a firm basis quantities of Natural Gas corresponding to the Capacity as specified in Article 3. Transportation Service Contract Page 3 of 10

4 - 4 - Article 2 Inlet Point and Outlet Point 2.1 The Inlet Point is the. 2.2 The Outlet Point is the. 2.3 The Transportation Distance is (TD) is equal to: km. Transportation Service Contract Page 4 of 10

5 - 5 - Article 3 Capacities Shipper commits to reserve in the WAG System for firm transportation of Natural Gas from the Inlet Point to the Outlet Point a Capacity for a maximum hourly flow-rate (RS) of Nm³/h in the period from, 6:00 a.m., to, 6:00 a.m. Transportation Service Contract Page 5 of 10

6 - 6 - Article 4 Tariff 4.1 For each Month m from until Shipper shall pay to Carrier for the services provided for in this Contract an amount E m in EUR calculated on the 1 st of October each Year - for the first time on DD.MM.YYYY - as follows: RS EuK n RS * TD * EaK E = + m where EuK EaK n n = EuK = EaK * n o o G * 0,70 + 0,15* G G * 0,70 + 0,15* G m 0 m 0 L + 0,15* L m L + 0,15* L EuK 0 (distance-independent component) = EUR/(m³/h) per Year EaK 0 (distance-dependent component) = EUR/((m³/h) * km) per Year RS = maximum hourly flow-rate in Nm³/h according to Article 3 TD = km, as specified in Article 2 0 m 0 E m = EUR/month G m value of the Austrian wholesale price index without seasonal effect ( Großhandelspreisindex Nichtsaisonwaren, ) as published in the Statistische Nachrichten issued by the Statistik Austria valid at the time of recalculation. G m shall be rounded to one (1) decimal place behind the decimal point. G 0 L m L 0 G m valid for the month of [to be filled in (Month Year)]; i.e. the arithmetic average of all Monthly minimum wages of workers of the Austrian oil producing industry according to the Kollektivvertrag für Arbeiter der erdöl- und erdgasgewinnenden Industrie Österreichs, expressed in EUR per Month, in force on the last Day of the Month of February immediately preceding each revision of L m. L m shall be rounded to four (4) decimal places behind the decimal point. L m valid for the month of [to be filled in (Month Year)]; i.e. EUR Transportation Service Contract Page 6 of 10

7 Any payment under this Article 4 is exclusive of any taxes, duties or levies of a similar nature. Carrier is entitled to add to the amount due by Shipper all taxes, duties or levies of similar nature imposed on Carrier by any authority concerning the transportation services under this Contract. At present, except VAT, no such charges are imposed. Transportation Service Contract Page 7 of 10

8 - 8 - Article 5 Arbitration 5.1 All disputes arising out of or in connection with the Contract including all amendments, if any, shall be exclusively and finally settled under the Rules of Arbitration of the International Chamber of Commerce, Paris. 5.2 The arbitral tribunal shall be composed of three arbitrators. Unless otherwise agreed each Party shall appoint one (1) arbitrator and the third arbitrator will be selected by the first two arbitrators within thirty (30) days after the appointment of the second arbitrator. The third arbitrator shall act as chairman of the board of arbitration and shall be fully educated and trained as a lawyer. 5.3 The seat of the arbitration tribunal and the proceedings shall be in Vienna. Notwithstanding Article 16.2 of the General Terms and Conditions, the language of the proceedings shall be German. Transportation Service Contract Page 8 of 10

9 - 9 - Article 6 Term This Contract shall come into full force and effect upon signature and shall remain in force until, 6.00 a.m. Transportation services under this Contract shall commence as laid down in Article 3. Transportation Service Contract Page 9 of 10

10 Article 7 General Terms and Conditions 7.1 The English version of the General Terms and Conditions for Transportation of Natural Gas ( General Terms and Conditions ) is an integral part of this Contract. Shipper acknowledges the General Terms and Conditions valid at the time of signing this Contract and as published at the time of signing on the Internet ( Shipper is fully aware of the provisions of the General Terms and Conditions and accepts them. In case of any contradictions/discrepancies between the General Terms and Conditions and the terms of this Contract, the latter shall prevail. 7.2 For the purpose of Article 15.4 of the General Terms and Conditions the address given on the first page of this Contract shall be the relevant one. IN WITNESS WHEREOF, this Contract has been signed in two original copies by duly authorised officers of the Parties on the day and year written below. Vienna,... Baumgarten-Oberkappel Gasleitungsgesellschaft m.b.h. <Shipper> <xxxxxxxxxxx> Transportation Service Contract Page 10 of 10