Under an energy supply agreement, the energy supplier organization supplies the resource to the subscriber through a special network that pays for it. At the same time, the subscriber must comply with the established mode, ensure the safety of reception devices and their serviceability. As with any agreement, there are significant terms and conditions of the energy supply agreement. This will be discussed in the article.
Thing
This part, of course, is an essential condition of the energy supply agreement. Civil Code of the Russian Federation and federal laws indicate that the subject consists of 2 kinds of objects:
- The actions of the parties to provide energy resources through the network to the subscriber's energy reception device.
- Energy and its payment in the form of goods that produce a certain work.
The specificity of the subject of the contract in contrast to the sale is the following:
- The transfer of goods occurs through the supply of energy through the network to the installation of the subscriber.
- The subscriber needs to bear additional responsibilities when applying the corresponding product (energy), which consist in observing the consumption regime, ensuring safety during maintenance, as well as the serviceability of the receiving devices.
- The energy supply company receives additional rights in the field of supervision of the technical condition of subscriber's instruments and equipment.
- The contract not only governs the norms specified in the Civil Code. Other laws and regulations regarding energy supply are also taken into account.
Subject of obligations
It is believed that the subject of the contract is energy as a value, material benefit, and the actions associated with its supply are a means to fulfill obligations under an agreement with a company providing energy resources. The analysis shows that its concept is similar to the “subject of obligation”, since the latter is understood as the legal relationship in which the debtor must perform an action in favor of the creditor, and the creditor, in turn, has the right to demand appropriate execution from him.
Thus, the subject of obligations following from the agreement on energy supply, first of all, serves as the action for supplying energy through the network to the receiving device of the subscriber, as well as the actions of the latter for receiving and paying for the resource. Considering energy as an independent material benefit, it is understood as an object of the 2nd kind, which also serves as an integral part of the corresponding subject of the agreement and an essential condition of the energy supply agreement.
Energy transfer to consumer
The Civil Code of the Russian Federation indicates that actions to transfer energy to the consumer are also of a specific nature. According to the contract, the organization must provide the opportunity to use the appropriate energy from the network in a certain framework. This is the essence of the commitment of the energy company. In the law, the condition on the amount of energy transmitted to the subscriber is interpreted differently, depending on whether the subscriber is an individual or legal entity.
With regard to contracts concluded with organizations, the energy conservation company must supply energy through the network in the quantity and mode specified by the agreement. It turns out that the amount of energy is an essential condition of the energy supply agreement. Judicial practice shows that if there is no data on this, then the agreement is considered to be non-concluded.
It is not enough to agree on the amount of the supplied resource per year. It is necessary to determine the quarterly, monthly and even daily consumption.Therefore, if the contract is concluded with a certain limit, the amount of energy is determined for different periods.
Agreed nature of the terms
The essential terms of the energy supply agreement are recognized as agreed if they are observed by both parties. The contract provides for the number of kW / h of resources for vacation, as well as the size of the capacity of the subscriber’s equipment. Total power values cannot be installed in a larger size than those capabilities that the corresponding equipment has.
It is also taken into account that companies supplying resources are usually monopolists. When regulating their activities, consumer categories are determined or those that are subject to mandatory operation, or those with respect to which the minimum degree of security is used. This regulation is used when it is impossible to fully satisfy the needs of subscribers. Then the amount of energy is provided according to the order, but in the minimum amount determined by the energy supplying organization.
Continuous Quality Energy
The execution of the agreement is to provide the subscriber with the necessary amount of resource, which must be supplied continuously by maintaining current and voltage in the network. These are also the essential terms of the energy supply agreement under article 442. Energy as an object is distinguished by specific features. It cannot be transmitted as ordinary goods. There is a clear correlation between production and consumption at any time. These processes are inextricable. The amount of energy used will show only the meter.
The agreement may provide for the ability of the subscriber to change the amount of energy received, if he is ready to reimburse the energy supplying organization for the costs associated with this.
Energy must comply with the quality stipulated by state standards and other rules. This takes into account parameters such as current frequency and voltage. Thermal energy is determined by vapor pressure and temperature. Provides for similar material terms of the energy supply agreement in Belarus.
Price and settlement procedure
The main responsibility of the energy consumer is its timely payment. It is carried out for the actually used resource, according to the credentials, in case unless otherwise provided by law.
Payment is made at rates that are regulated by the state. Since the contract is public, all prices are set for consumers in equal amounts. An exception may be cases of establishing benefits for certain categories of consumers. This is stated in the Law "On state regulation of tariffs for electric and thermal energy in the Russian Federation" No. 41-FZ. A significant role of state regulation of this issue is assigned to the Government. In particular, it is authorized to:
- Establish base pricing for energy resources throughout the country.
- To create a free production and supply balance of energy within the Unified System of Russia for individual entities.
- To approve the regulatory framework for tariff regulation.
- Determine the relevant questions about tariffs for electric and thermal energy, which is supplied by commercial entities outside the territory of the Russian Federation, the capacities supplied to the wholesale all-Russian market, as well as to the subjects of the country.
- Provide financing and development of the Unified Energy System.
The essential terms of the energy supply agreement are both the price and the calculation procedure. Without them, an agreement cannot be considered concluded.
Maintenance and service of electrical networks, devices and equipment
The subscriber must comply with the established regime of electricity consumption, as well as maintain the safe service of the networks that are in his charge and ensure the good condition of devices and equipment. This is another essential condition of the energy supply agreement. When these conditions are met, the subscriber must fulfill the following duties:
- Provide tech. condition and safety of the serviced power grids, devices and equipment.
- Observe the appropriate consumption regimen.
- Immediately inform the energy supplier of fires, accidents and equipment breakdowns that occur during its use.
Thus, the energy supplier has the right to demand the proper implementation of the essential terms of the energy supply agreement with respect to the obligation to service networks, devices and equipment. The consumer is responsible for the condition, safety and maintenance of electrical installations, heating systems and gas equipment. The terms of the agreement cover these points, because the quality of fulfillment of the obligations of the energy supplier also depends on the proper operation.
A responsibility
Responsibility under this agreement is provided for in Article 547 of the Civil Code of the Russian Federation. It is of a limited nature in case of non-fulfillment or inadequate fulfillment of the terms of the contract. However, responsibility is imposed both on the company supplying electricity and on the subscriber. But in this case, it will not be possible to recover losses for lost profits.
Responsibility applies not only to direct damage, but also in the form of forfeit. If the subscriber has paid a fee late, they can be brought to legal liability for failure to fulfill obligations. Since the standard provisions on sale are applied to this contract, the relations are subject to the norm specified in Article 486 of the Civil Code of the Russian Federation. According to it, in cases where the buyer does not pay for the goods on time, the seller has the right to demand the appropriate amount, as well as interest.
Modification and termination of the contract
The essential terms of the energy supply agreement are its amendment and termination. As a general rule, a presumption is in effect, according to which legal relations can be changed or terminated by agreement of the parties. At the same time, there are two exceptions to the general rule that allow these actions to be performed at the request of a party. These include the following:
- The other party violated the conditions entailing such damage to the counterparty, because of which he loses what he could count on when signing the agreement.
- Other cases provided for by the Civil Code of the Russian Federation may occur. For example, a contract may be amended or terminated at the request of a party if it included conditions that are onerous in nature, even if they do not contradict the law. The creditor is entitled to withdraw from the contract if the owner, for example, has decided to reorganize.
Termination and limitation of energy supply
If consumers repeatedly violate such essential terms of the energy supply agreement (with a legal entity or individual) as the payment deadlines, then the supplying organization may stop the supply of resources. If the payment is delayed beyond the specified period, the energy supplier may first restrict its supply to the extent of emergency reservation. The resumption of delivery under standard conditions is carried out by agreement of the parties. In this case, it may be necessary to conclude a new agreement providing for reduced terms.
However, when suspending or limiting the supply of energy, there are exceptions, which are as follows:
- These actions are possible if the subscriber has been notified properly, and the unsatisfactory condition of the electrical installations can cause an accident. This should be supported by documented supervisory authority.
- The termination or restriction of the supply of electricity can be carried out without the consent of the subscriber, if urgent measures should be taken to prevent or eliminate the accident at the supplying company, but with immediate notification of this fact.
Conclusion
The signing of the agreement, as well as the fulfillment of obligations under it, can be carried out only if the subscriber has the necessary equipment. The subject of obligations is the actions of the company to supply energy related to its supply, as well as the subscriber to receive and pay for it. Payment is made at tariffs that are regulated by the state. Both parties are equally liable for damages. These and other essential terms of the energy supply agreement with the legal entity and individual are valid. At the same time, depending on the parties to the agreement, their own characteristics are provided.
