Open Trading

information on Supply of natural gas to industrial enterprises

OPEN TRADING LLC is a reliable and stable partner in the field of natural gas supply to industrial enterprises of Ukraine.

Conditions of gas supply

Rights and obligations of the consumer and the supplier

The procedure for resolving disputes with the supplier

List of main legal acts

Information for consumers

During cooperation, we guarantee our clients the highest quality, transparency and flexibility in service taking into account the interests of the consumer, we offer profitable strategically relevant ideas and conditions in terms of gas supply.

NATURAL GAS SUPPLY AGREEMENT

Review

General conditions of natural gas supply

• Volumes of gas supply by the Supplier to the Consumer in each settlement period (months) are determined on the basis of the written application of the Consumer to the Supplier.

 

• Changes in gas supply / consumption are determined in additional agreements to the Agreement.

 

• The consumer has the right to adjust the volumes of natural gas confirmed by the Supplier during the settlement period in accordance with the regulations governing the natural gas market.

 

• The supply / consumption of the confirmed volume of natural gas during the calculation period is uneven. Deviation from the average daily norm, which is determined by dividing the monthly confirmed gas volume by the number of days during this month, is allowed ± 50%.

 

• The Consumer’s written requests for consumption volumes shall be submitted to the Supplier by the 15th day of the month preceding the month of delivery.

 

• In the absence of a written request from the Consumer – the Supplier shall supply natural gas to the Consumer.

 

• Deviation of consumption of natural gas for the calculation period ± 5% of the total by the Consumer without adjustment is allowed. If the Consumer does not submit an application within the relevant period, the amount of gas supplied by the Supplier is confirmed by monthly acts of acceptance and transfer of gas, and is payable by the Consumer in the manner prescribed by the Agreement.

 

• One cubic meter taken to the standard conditions by the gas transmission company (T-20 deg. S. P = 101.325 KPa / 760 mm Hg /) is taken as the unit of gas supplied.

 

• The quality of gas must meet the requirements of DSTU 5542-87 (GOST 5542-87) and other requirements established by state standards, technical conditions, regulatory and technical documents regarding its quality. Gas quality is determined by methods provided by state standards and regulatory and technical documents. The procedure and frequency of determining gas quality indicators is stipulated in gas transportation contracts.

 

• Under the Agreement, the consumer receives natural gas for its own use.

 

• A prerequisite for the supply of natural gas to the Consumer, whose facility is connected to the gas distribution system, is the presence of the Consumer or Supplier concluded in the prescribed manner with the GDN Operator contract for the transportation of natural gas. The relations of the Parties not regulated by the Agreement are regulated by the Law of Ukraine “On the Natural Gas Market”, the Rules of Natural Gas Supply, the Gas Transmission System Code and the Gas Distribution Systems Code, approved in accordance with the law.

 

• In case of changes in the planned gas consumption, adjustments are accepted on the basis of written requests of the Consumer 5 (five) days before the beginning of the month of delivery.

 

• Increase / decrease of the planned volume of gas in the current month is carried out on the basis of the written request of the Consumer till the 20th day of the month of delivery. In case of refusal to allocate the planned amount of gas or termination of contractual relations, the Consumer must repay the debt and notify the Supplier in writing within 20 (twenty) days. It is recommended to adjust the volumes in case of deviation from the ordered ones by more than 10% of the monthly planned volume.

RIGHTS AND OBLIGATIONS OF CONSUMER AND SUPPLIER

The rights and obligations of the Consumer and the Supplier of natural gas are exercised in accordance with Article 13 of the Law of Ukraine “On the Natural Gas Market” and the Rules of Natural Gas Supply

The rights and obligations of a natural gas consumer are exercised in accordance with Article 13 of the Law of Ukraine “On the Natural Gas Market” and the Rules for Natural Gas Supply approved by the NCRECP Resolution No. 3096 of 30.09.2015, registered with the Ministry of Justice of Ukraine on 13.11.2015 27827:

A consumer who is not a household has the right, in particular, to:

1) Free choice of supplier;

 

2) Free change of supplier, except for the cases provided for in the second paragraph of the first part of Article 14 of the Law of Ukraine “On the Natural Gas Market”;

 

3) Obtaining information on general terms of supply (including prices), the rights and obligations of the supplier and the consumer, indicating the acts of legislation governing the relationship between the supplier and the consumer, the available methods of pre-trial settlement of disputes with the supplier;

 

4) Obtaining natural gas of proper quality and quantity, physical and chemical parameters of which meet the established standards, in accordance with the terms of contracts, except in cases of termination (restriction) of natural gas supply in accordance with legislation and contract conditions;

 

5) Free information on the volume and other indicators of natural gas consumption;

 

6) Early termination of the supply contract, if the supplier has notified the consumer of the intention to amend the contract in terms of supply terms and new terms of supply were unacceptable to him.

 

7) For the simultaneous conclusion of several contracts for the supply of natural gas, if its annual consumption of natural gas exceeds 30 million cubic meters. ;

 

8) For free information on the supplier’s prices for natural gas and payment procedures;

 

9) Independent termination (restriction) of natural gas extraction for own needs in compliance with the requirements of current legislation, which must be notified in writing to all natural gas market entities with which relevant agreements have been concluded;

 

10) On demand to resume the supply of natural gas in the prescribed manner after the elimination of violations and compensation for payment for services for disconnection and connection, if the termination of gas supply occurred without termination of the contract for the supply of natural gas;

 

11) Other rights provided by current legislation.

The non-household consumer is obliged, in particular:

1) Enter into an agreement on the supply of natural gas;

 

2) Ensure timely and full payment of the cost of natural gas in accordance with the terms of the supply contract;

 

3) Do not allow unauthorized selection of natural gas; Ensure unimpeded access of authorized representatives of the gas transmission system operator, gas distribution system operator to natural gas metering units and for the purpose of installation of gas metering units;

 

4) To ensure unimpeded access of authorized representatives of the gas transportation system operator, gas distribution system operator to natural gas metering nodes and for the purpose of establishing gas metering nodes;

 

5) Stop (limit) the consumption of natural gas in accordance with the requirements of the law and the terms of the contracts;

 

6) Ensure compliance with the discipline of selection (consumption) of natural gas in the volumes and under the conditions specified by the contracts;

 

7) Carry out a set of measures aimed at preventing the occurrence of threats to life or injury, damage to equipment and products, negative environmental consequences, etc. in case of receiving a notice of termination (restriction) of supply (distribution/transportation) of natural gas;

 

8) Independently limit (stop) the consumption of natural gas in the following cases:

  • — violation of payment terms under the natural gas supply contract;
  • — absence or insufficiency of the confirmed amount of natural gas allocated to the consumer;
  • — overspending of the daily norm and/or monthly confirmed volume of natural gas without agreement with the supplier;
  • — absence of a natural gas supply contract;
  •  

9) In case of violation or non-fulfillment of his obligations, the consumer is liable according to the law

Mode of operation of the customer support service:

Monday-Friday from 9:00 a.m. to 6:00 p.m. Saturday-Sunday – weekends

Rights and responsibilities of the natural gas supplier

According to the Rules of natural gas supply approved by the resolution of the National Commission for Regulation of Economic Competition dated 30.09.2015 № 2496, registered with the Ministry of Justice of Ukraine on 06.11.2015 under № 1382/27827, and the Standard contract for natural gas supply to household consumers approved by the resolution of the National Commission for Energy Supply registered with the Ministry of Justice of Ukraine on November 6, 2015 under № 1386/27831:

The natural gas supplier has the right to:

1) Receive payment from the consumer for the supplied natural gas;

 

2) Control the correctness of payment documents by the consumer;

 

3) Initiate termination of natural gas supply to the consumer in the manner and under the conditions specified by the supply contract and current legislation;

 

4) Carry out, together with the consumer, a reconciliation of the actually used volumes of natural gas with the signing of the corresponding act;

 

5) Receive compensation from the consumer for damages incurred by the supplier in connection with the failure or improper performance by the consumer of its obligations to the supplier, in accordance with the terms of the supply contract and current legislation;

 

6) Enter into a natural gas supply contract with any consumer and, in the absence of overdue debt owed by the consumer for natural gas to the current supplier, supply natural gas to the consumer in the period following the period of natural gas supply by the current supplier;

 

7) Unhindered access (upon presentation of an official ID card) to commercial natural gas metering units installed at the consumer’s gas consumption facilities, for reconciliation of actual natural gas consumption data;

 

8) For complete and reliable information from the consumer with whom the supply contract has been concluded, regarding natural gas consumption regimes;

 

9) To have other rights provided by current legal acts.

The natural gas supplier undertakes:

1) Ensure continuous supply of natural gas in the manner and under the conditions stipulated by the supply contract;

 

2) To ensure the proper quality of natural gas supply services in accordance with the requirements of current legislation and the supply contract;

3) Calculate and issue invoices to the consumer for the supplied natural gas in accordance with the requirements stipulated in the supply contract;

4) To provide consumers with information provided by the Law of Ukraine “On Peculiarities of Access to Information in the Fields of Supply of Electric Energy, Natural Gas, Heat Supply, Centralized Supply of Hot Water, Centralized Potable Water Supply and Sewerage”, in particular, regarding the price of natural gas, the payment procedure for consumed natural gas, the rights and obligations of the household consumer, data on actual charges (volume and cost) for gas supply services and other information in accordance with the requirements and conditions of these Rules, as specified in the contract for the supply of natural gas to household consumers. No additional costs for providing information are paid by the household consumer;

5) Publish detailed information on the change in the price of natural gas on the website (and in the cases provided by law in the mass media) five days before its implementation;

6) Consider in the prescribed manner the consumer’s claims regarding charges for consumed natural gas, taking into account the requirements of Clause 9 of Section VI of these Rules and, if there are relevant grounds, satisfy his demands;

7) To ensure the proper organization of one’s own work for the possibility of transferring and processing the consumer’s appeal on issues related to the performance of the supply contract;

8) Accept payment for services provided in any of the ways provided for in the supply contract;

9) Indemnify the losses incurred by the consumer in case of non-fulfillment or improper fulfillment by the supplier of its obligations under the supply contract;

10) Inform the consumer about the conditions of guaranteed supply of natural gas by the supplier, who is assigned special duties for the supply of natural gas to consumers in accordance with the procedure established by law;

11) Ensure confidentiality of data received from the consumer;

12) Within three days from the date when the supplier became aware of the inability to continue supplying natural gas to the consumer, he undertakes to inform the consumer of his right:

  • — to choose another supplier and about the consequences of failure to do so;
  • — switch to the supplier, who is assigned special duties in accordance with the established procedure (if available), who does not have the right to deny the consumer the conclusion of a natural gas supply contract;
  • — for compensation for damages caused due to the impossibility of the supplier to further fulfill its obligations under the supply contract;

13) Ensure the submission of all necessary documents for confirmation by the operator of the gas transportation system of the amount of natural gas required by the consumer, provided that the consumer has fulfilled his own obligations to the supplier to order the amount of natural gas required by the consumer;

14) Notify the consumer in a timely manner if the supplier is in the process of liquidation, or declared bankrupt, or the supplier is undergoing the procedure of suspension/cancellation of the natural gas supply license, or its license to carry out natural gas supply activities has been canceled, or its operation has been stopped, and about the lack of resource natural gas;

15) To comply with minimum standards and requirements for the quality of service to natural gas consumers;

16) Create contact points for providing information to consumers. Contact details and the mode of operation of each contact point must be provided in the application for connection and/or the contract for the supply of natural gas to domestic consumers and on the supplier’s website on the Internet;

17) Provide the consumer with a final bill after changing the supplier or terminating the contract for the supply of natural gas to consumers no later than six weeks after such a change or terminating the contract;

18)  Notify about the intention to change the terms of the natural gas supply contract, while the consumer must be notified of his right to refuse the proposed changes. Such notice must be given to the consumer no later than 30 days before the planned entry into force of such changes (except for the price of natural gas, if it is set for the supplier by the relevant government authorities);

19) Perform other duties assigned to the supplier by applicable law and/or the supply contract.

Mode of operation of the customer support service:

Monday-Friday from 9:00 a.m. to 6:00 p.m. Saturday-Sunday – weekends

Rights and obligations of the supplier of natural gas

Disputes between the consumer and the supplier are regulated in accordance with the Procedure for pre-trial dispute resolution, defined by the Economic Procedural Code of Ukraine (Vidomosti Verkhovnoi Rada of Ukraine (VVR), 1992, No. 6, Article 56) According to Article 5 of this Code, by mutual agreement. Exceptions are cases that are not covered by the Procedure for pre-trial settlement of disputes: disputes about invalidity of contracts, disputes about invalidity of acts of state and other bodies, enterprises and organizations. Received complaints are resolved in an unambiguous, legal and fast way.

The supplier is obliged to consider the claims received from the natural gas consumer in a timely manner and, if there are reasons, to satisfy them or give answers within one month if the claim is rejected in whole or in part.

First of all, all disputed issues are resolved through negotiations and consultations. In order to resolve the dispute (regarding) in case of violation of his rights and interests, the consumer of natural gas can contact the supplier, including with a written claim

Dispute resolution procedure

All disputes and disputes arising between the Supplier and the Consumer shall be resolved through negotiations.

 

In the event of failure to reach an agreement through negotiations, the Consumer has the right to apply for dispute resolution to the Natural Gas Market Regulator in accordance with Article 21 of the Law of Ukraine “On the National Commission Carrying Out State Regulation in the Fields of Energy and Utilities” and/or transfer the dispute to proceedings before the court in accordance with the current legislation of Ukraine.

 

The procedure for considering complaints and settling disputes is defined in Article 21 of the Law of Ukraine “On the National Commission Carrying Out State Regulation in the Fields of Energy and Communal Services”