Posted by Adv. Lorenc Gordani, PhD Wed, January 25, 2017 11:31:04
Operator of the Electricity Distribution OSHEE through a press release dated 24-01-2017, open tender for purchasing energy up to 250 MW for period from 01.02.2017– 28.02.2017. The contract foreseen the agree to sell and deliver, and buy and accept electricity during delivery period, continuous delivery from Monday to Sunday from hours 00:00 through 24:00 of CET.
Delivery of electricity shall be guaranteed during the full Contract term except where the Seller's non-performance is excused by an event of Force Majeure and/or non-performance due to remounts and tripping of the interconnection transmission lines, or the Buyer's failure to comply with the terms and conditions of the Contract.
The cross-border-capacities on the Montenegrin/Serbian/Greek – Albanian borderand from Internal Sources shall be provided by the Seller for the whole delivery period. Title to, and risk of loss of, energy delivered shall pass from the Seller to the Buyer at the delivery point.
In case that the agreed weekly programs are changed, the Parties are obliged to inform each other thereof until 12:00 h CET on day ahead or intraday basis. The delivery program will be agreed under mutual confirmations. In case of changes to the Weekly Delivery Schedules pursuant to above mentioned paragraph, the Daily Delivery Schedules shall be considered fulfilled with a maximum daily tolerance of ± 10% baseload.
All taxes resulting from the implementation and execution of this Contract inside Albania shall be borne by the Buyer and outside Albania by the Seller. On the request of each Party, the other Party shall provide all necessary and relevant information and documents concerning tax duties to the other party always in due time.
Any dispute, controversy or claim arising out including the validity, invalidity, breach or termination thereof, shall be settled by arbitration in accordance with the Swiss Rules of International Arbitration of the Swiss Chambers of Commerce. The seat of the arbitration shall be in Zurich. The language of arbitration is to be English governed by Swiss law. The above propose has to be presented within 25 January 2017 h. 13.00.
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.