Contract Management - PowerPoint PPT Presentation

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Contract Management

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Contract management – PowerPoint PPT presentation

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Title: Contract Management


1
LNG Contract Management
2
Contract Management Background
3
Operational Issues
4
Other issues of operators concern
5
Delivery Procedures
6
Credit Management
7
Measurement Specifications
8
Contract Accounting
  • Managing gas contracts involves data and
    information collection and reporting regarding
    field production, delivery and sales, compliance
    with TOP obligations or other minimum bill
    provisions, gas loss and fuel use and Force
    Majeure claims
  • Provisions for accounting and auditing are either
    contained within the four-corners of a main
    contract for the sale or transportation of gas or
    a specific agreement for gas balancing

9
Contract Accounting ctn
10
Contract Accounting ctn
11
Fuel Use
12
Line-Pack
  • The internal operating pressure of the pipeline
    must be maintained to allow gas to flow at a rate
    that is sufficient to meet delivery obligations.
    There are 3 options for building up adequate Line
    Pack
  • The pipeline to take this responsibility.
    Considering that this will represent a major
    investment in a permanent gas inventory, the cost
    will be reflected in the Capacity Charge.
  • The Shippers to contribute their proportionate
    share from the gas they purchase. 
  • The pipeline takes responsibility for the
    initially filling pipeline and the Shippers
    contribute subsequent volumes in the event Line
    Pack is reduced due to imbalances in deliveries
    or acceptable gas losses.

13
Force Majeure
14
Force Majeure
  • If either party is under Force Majeure for an
    extended period, the other party may have the
    right to terminate the contract

15
Audits
16
Audits
17
Billing Invoicing
  • Gas is delivered in instalments either as monthly
    quantities or LNG cargoes are paid for in arrears

18
Billing Cycle
19
Billing Invoicing ctn
20
Billing Invoicing ctn
  • Often data on final delivery for the period is
    not available at the time the statement is
    prepared. In this case, payment is to be made on
    an interim invoice that is issued in the course
    of the billing cycle. 
  • A correction is shown in the next invoice once
    the Seller has the data on actual deliveries at
    the sales meter. Other contracting parties may
    have the right to audit the records held by the
    Operator. 
  • Payments are made in the currency agreed in the
    contract. This may involve the Buyer accepting
    the foreign exchange risk. Usually, a paying
    agent is such as a bank or the Operator is
    designated to receive the payment. Late payments
    will accrue interest at a premium such as 2
    percent above the London Interbank Overdraft Rate
    (LIBOR).

21
Form of Invoice
22
Dispute Resolution
  • Disputes involve either questions of factual
    determination or contract Interpretation

23
Factual determination issues concern
24
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25
Dispute Management
26
Dispute Management
  • If a matter is not submitted for dispute
    resolution within a specific period after the
    event has occurred, usually two years, It could
    be barred
  • unless covered by a survival clause,claims can
    not be submitted for dispute resolution after the
    contract has expired

27
Contract Adjustment
28
Contract Adjustment
  • In some instances, market volatility and
    regulatory intervention have been accepted as the
    basis for the termination or suspension of
    contract performance, usually by the Seller,
    under so-called Market-out, Economic-out or
    Regulatory-out clauses. 
  • Other rights of termination can be exercised due
    to defaults that are not corrected in a timely
    manner such as non-payment, an extended period of
    Force Majeure or material breach of contract.

29
Transfers Assignments
30
Amendments Renegotiations
31
End of Session
  • Gas Policy and Regulation
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