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Hydrogen Purchase Agreement for Belgium

Hydrogen Purchase Agreement Template for Belgium

A comprehensive commercial agreement governed by Belgian law that establishes the terms and conditions for the sale and purchase of hydrogen between a supplier and buyer. The document addresses crucial aspects including quality specifications, delivery conditions, pricing mechanisms, and safety requirements, while ensuring compliance with both Belgian federal regulations and EU directives on hydrogen trading and safety. It incorporates specific provisions for technical standards, measurement protocols, and risk allocation, reflecting the unique characteristics of hydrogen as an energy carrier and industrial feedstock.

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What is a Hydrogen Purchase Agreement?

A Hydrogen Purchase Agreement (HPA) is a crucial commercial document used to formalize the sale and purchase of hydrogen between producers/suppliers and end-users/buyers in Belgium. This agreement type has gained significant importance with the growing focus on hydrogen as a clean energy carrier and industrial feedstock. The document is structured to comply with Belgian federal law and EU regulations, incorporating specific requirements for hydrogen trading, safety standards, and environmental compliance. It typically includes detailed provisions for quality specifications, delivery terms, pricing mechanisms, measurement protocols, and risk allocation. The agreement is particularly relevant in the context of Belgium's energy transition strategy and its aim to develop a hydrogen economy, making it essential for both traditional industrial users and emerging clean energy applications.

What sections should be included in a Hydrogen Purchase Agreement?

1. Parties: Identification of the seller and buyer, including registered addresses and company details

2. Background: Context of the agreement, including parties' business activities and purpose of the contract

3. Definitions and Interpretation: Definitions of technical terms, contract terminology, and rules of interpretation

4. Sale and Purchase Obligation: Core obligations regarding hydrogen supply and purchase, including take-or-pay provisions

5. Hydrogen Specifications: Detailed quality specifications, pressure requirements, and purity standards

6. Delivery Point and Title Transfer: Specification of delivery location and transfer of ownership and risk

7. Quantity and Nomination: Annual Contract Quantity, nomination procedures, and flexibility mechanisms

8. Price and Payment: Price calculation methodology, payment terms, invoicing, and credit support

9. Quality Measurement: Procedures for measuring and verifying hydrogen quality and quantity

10. Transportation and Storage: Responsibilities for transportation and any storage requirements

11. Health, Safety and Environment: Safety protocols and environmental compliance requirements

12. Force Majeure: Definition of force majeure events and consequences

13. Term and Termination: Contract duration, renewal options, and termination rights

14. Liability and Indemnification: Allocation of risks and liability between parties

15. Governing Law and Dispute Resolution: Choice of Belgian law and dispute resolution mechanisms

What sections are optional to include in a Hydrogen Purchase Agreement?

1. Green Hydrogen Certification: Specific provisions for green hydrogen certification and guarantees of origin, required when dealing with green hydrogen

2. Carbon Intensity: Requirements and reporting for carbon intensity of hydrogen production, relevant for low-carbon hydrogen agreements

3. Development Phase: Provisions regarding facility construction and commissioning, needed for projects involving new production facilities

4. Grid Connection: Terms related to grid connection and infrastructure, required when using pipeline delivery

5. Storage Facilities: Specific provisions for hydrogen storage facilities, needed when storage is part of the agreement

6. Government Subsidies: Provisions relating to government support schemes, relevant when project relies on subsidies

7. Transitional Services: Provisions for technical support or training, relevant for new market participants

What schedules should be included in a Hydrogen Purchase Agreement?

1. Technical Specifications: Detailed technical specifications for hydrogen quality and delivery parameters

2. Pricing Mechanism: Detailed price calculation formulas and adjustment mechanisms

3. Measurement Procedures: Detailed procedures for quantity and quality measurement

4. Operating Procedures: Day-to-day operational procedures and protocols

5. Form of Bank Guarantee: Template for bank guarantee or other credit support documents

6. Delivery Point Specifications: Technical details and drawings of delivery point infrastructure

7. Safety Procedures: Detailed safety protocols and emergency procedures

8. Nomination Procedures: Detailed procedures for quantity nominations and scheduling

9. Quality Testing Methods: Specific testing methods and standards for hydrogen quality verification

10. Contact Details: List of key contacts and authorized representatives

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Belgium

Publisher

Genie AI

Document Type

Purchase Agreement

Cost

Free to use
Relevant legal definitions



















































Clauses









































Relevant Industries

Energy Production

Chemical Industry

Industrial Manufacturing

Transportation and Logistics

Renewable Energy

Oil and Gas

Steel Manufacturing

Fertilizer Production

Power Generation

Clean Technology

Green Energy

Heavy Industry

Relevant Teams

Legal

Commercial

Operations

Health Safety Environment

Supply Chain

Risk Management

Procurement

Business Development

Technical

Compliance

Finance

Sustainability

Project Development

Relevant Roles

Commercial Director

Energy Trading Manager

Legal Counsel

Contract Manager

Technical Operations Manager

HSE Manager

Supply Chain Manager

Business Development Director

Risk Manager

Procurement Manager

Commercial Operations Manager

Energy Transition Officer

Sustainability Manager

Project Development Manager

Compliance Officer

Industries










Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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