Supply of natural gas to industrial enterprises of Ukraine
The supplier of natural gas, the AC “PROFIT HUB”, is a reliable and stable partner, operating in accordance with the license approved by the Resolution of the National Commission for State Regulation of Energy and Public Utilities No.1096 from 10.06.2020.
When supplying natural gas to industrial enterprises of Ukraine, we guarantee our customers the highest service quality, transparency and flexibility with respect to consumers’ interests; and we offer you to consider the possibility of contract concluding for the supply of natural gas between our companies.
When concluding a contract for the supply of natural gas the AC “PROFIT HUB” always takes into account the individual characteristics of each enterprise consuming the natural gas.
According to the Law of Ukraine from April 9, 2015 No.329-VIII “On the natural gas market” natural gas supply is carried out in accordance with the contract under which the supplier undertakes to supply the consumer with natural gas of appropriate quality and quantity in accordance with the procedure prescribed by the contract, and the consumer is obliged to pay the cost of the accepted natural gas in the amount, terms and the order provided by the contract. The quality and other physical and chemical characteristics of natural gas are determined in accordance with established standards and regulations.
Volumes of gas supply by the Supplier to the Consumer in each accounting period (month) are determined on the basis of the written request of the Consumer to the Supplier.
The changes in the volume of gas supply/consumption are determined in additional agreements to the Contract.
The consumer has the right to adjust during the accounting period the volumes of natural gas confirmed by the Supplier in accordance with the regulations governing the activities on the natural gas market.
The supply / consumption of the confirmed volume of natural gas during the accounting period are uneven. Deviation from the average daily norm, which is determined by dividing the monthly confirmed volume of gas by the number of days during this month, is allowed ± 50%.
The Consumer’ 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.
For the accounting period the deviation of natural gas consumption without adjustment is allowed within the range of ± 5% from the general volume supplied to the Consumer.
In case the Consumer does not submit a request within the relevant period, the amount of gas supplied by the Supplier is confirmed by monthly transfer and acceptance acts, and is paid by the Consumer in accordance with the procedure prescribed by the Contract.
One cubic meter, reduced by the gas transmission company to standard conditions (T – 20 Celsius degrees, P = 101,325 KPa/760 Mmhg) 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. The quality of gas is determined by the methods provided by state standards and regulatory and technical documents. The procedure and frequency of determining gas quality indicators is stipulated in gas transportation agreements.
Under the Contract the Consumer receives natural gas for its own use.
A prerequisite for the supply of natural gas to the Consumer, which object is connected to the gas distribution system, is the existence of contract for the transportation of natural gas concluded in the prescribed manner between the Consumer or Supplier with the GDN Operator.
Relations between the Parties not regulated by the Contract are regulated by the Law of Ukraine “On the Natural Gas Market”, the Rules for Natural Gas Supply, the Gas Transmission System Code and the Gas Distribution Systems Code, approved in accordance with the procedure established by law.
In case of change of 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.
The increase/decrease of the planned volume of gas in the current month are performed on the basis of a written request of the Consumer by the 20th day of the month of delivery. In case of refusal to receive the planned amount of gas or termination of contractual relations, the Consumer must pay the debts and notify the Supplier in writing within 20 (twenty) days. It is recommended to make adjustments of volumes at deviation more than 10% of monthly planned volume from the requested.
According to the Rules of natural gas supply, approved by the resolution of the National Commission for State Regulation of Energy and Public Utilities from 30.09.2015 No. 2496, registered in the Ministry of Justice of Ukraine on 06.11.2015 under No. 1382/27827, and the Standard contract for natural gas supply to household consumers, approved by the resolution of the National Commission for State Regulation of Energy and Public Utilities from 30.09.2015 No.2500, registered in the Ministry of Justice of Ukraine on November 6, 2015 under No. 1386/27831:
The natural gas supplier has the right to:
1. Ensure uninterrupted supply of natural gas in the order and on the terms provided by the supply contract;
2. Ensure the proper quality of natural gas supply services in accordance with the requirements of current legislation and the supply contract;
3. Calculate and bill the consumer for the supplied natural gas in accordance with the requirements of the supply contract;
4. Present consumers with information provided by the Law of Ukraine “On peculiarities of access to information in the areas of electricity, natural gas, heat supply, centralized hot water supply, centralized drinking water supply and sewerage”, in particular, on the price of natural gas, payment procedure for consumed natural gas, 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 to the household consumer are paid;
5. Publish on the website (and in cases provided by law in the media) detailed information on changes in the price of natural gas five days before its entry into force;
6. To consider in the established order claims of the consumer concerning charges for the consumed natural gas taking into account requirements of point 9 of section VI of these Rules and in the existence of the corresponding bases to satisfy his requirements;
7. Ensure proper organization of their own work for the possibility of transmission and processing of consumer complaints on issues related to the implementation of the supply contract;
8. Accept payment for services in any of the ways provided by the supply contract;
9. To indemnify the losses incurred by the consumer in case of non-performance or improper performance by the supplier of his obligations under the supply contract;
10. Inform the consumer about the conditions of the guaranteed supply of natural gas by the supplier, who in accordance with the procedure established by law has special responsibilities for the supply of natural gas to consumers;
11. Ensure the 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 the consequences of non-compliance of this;
• move to the supplier, who in accordance with the established procedure has special responsibilities (if any), who has no right to refuse the consumer to enter into a contract for the supply of natural gas;
• indemnify for damages caused by the inability of the supplier to further fulfil his obligations under the supply contract;
13. Ensure submission of all necessary documents for confirmation by the gas transmission system operator of the required amount of natural gas to the consumer, provided that the consumer has fulfilled his obligations to the supplier to order the required amount of natural gas to the consumer;
14. Promptly notify the consumer, if the supplier is in the process of liquidation or bankruptcy, or the supplier is under the procedure of suspension / revocation of the license for the supply of natural gas, or his license for the supply of natural gas is revoked or suspended, and about the lack of natural gas resources;
15. Adhere to the minimum standards and requirements for the quality of natural gas consumers servicing;
16. Create contact points to provide information to consumers. The contact details and operation hours of each contact point must be provided in the accession application and/or the contract for the supply of natural gas to household consumers and on the supplier’s Internet website;
17. Provide the consumer with a final bill after the change of supplier or termination of the contract for the supply of natural gas to consumers no later than six weeks after such change or termination of the contract;
18. Notify the intention to change the terms of the natural gas supply contract, and 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 agencies);
19. Perform other duties imposed on the supplier by applicable law and / or the supply contract.
Disputes between the consumer and the supplier are settled in accordance with the Procedure for pre-trial settlement of disputes defined by the Commercial Procedural Code of Ukraine (Vidomosti of Verkhovna Rada of Ukraine (VVR), 1992, No. 6, p.56) in accordance with 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 on invalidation of contracts, disputes on invalidation of acts of state and other bodies, enterprises and organizations. The 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 time, and if there are grounds to satisfy them or give answers within one month if the claim is rejected in whole or in part.
First of all, all disputes are resolved through negotiations and consultations.
In order to resolve the dispute (in relation to) in case of violation of his rights and interests, the consumer of natural gas may apply to the supplier, including a written claim, at the following contact points:
14000, Ukraine, Chernihiv city, 7 Rynkova Street
14000, Ukraine, Chernihiv city, 33 Piatnytska Street
Tel. (0462) 65-11-65;
Working hours: Mo-Fr since 8:00 to 17:00, Saturday and Sunday weekends.
Director: Ivanov Kostyantyn Viktorovych
Lawyer: Komar Oksana Volodymyrivna
In case a mutual agreement between the consumer and the supplier is impossible, disputes are resolved in the order prescribed by applicable law, namely: the parties have the right to apply a claim to resolve the dispute to the Natural Gas Market Regulator in accordance with Article 21 of the Law of Ukraine “On the National Commission for State Regulation of Energy and Public Utilities” (Vidomosti of Verkhovna Rada (VVR), 2016, No.51, p. 833 as amended in accordance with the Law No. 2019-VIII from 13.04.2017) and/or bring the dispute before the relevant court. The decision made by the Regulator (NCSREPU) during the pre-trial consideration of the dispute is binding on the parties of the dispute, but does not deprive the latter of the right to appeal this decision in court.
To settle disputes in a pre-trial procedure, we suggest the consumer to contact the AC “PROFIT HUB” in writing with an explanation of the essence of the dispute.
Your request will be considered and answered. If possible, it will be proposed to set a time and place for the negotiations.
In case of failure to reach an agreement through negotiations, the dispute may be brought before court in accordance with current legislation of Ukraine.
If your question is not resolved, you can apply to the National Commission for State Regulation of Energy and Public Utilities (NCSREPU): 03057, Kyiv, 19 Smolenska Street, tel. (044) 204-48-27; e-mail: firstname.lastname@example.org, official NCSREPU website: http://www.nerc.gov.ua
Applying to NCSREPU or its territorial subdivision does not deprive you of the right to resolve the dispute in court.
Payment for gas supply is made by the buyer exclusively in the national currency of Ukraine (UAH) by transferring them to the current account of the seller. Settling the bill procedure for gas supply is determined by the parties in the Additional Agreements to the Contract.
If the day of payment established by the Contract falls on a non-banking day, the buyer makes the corresponding payment no later than the last banking day proceeding the stipulated payment term.
By agreement of the parties, the buyer may prepay the seller for gas.
In case of violation of the payment procedure by the buyer, the seller has the right not to transfer gas, including, but not limited to, by nomination or renomination up to 0.0 cubic meters of gas for transportation to the buyer for the period from violation of the payment order to the end of the month of supply, or transfer the amount of gas corresponding to the amount of payment.
The parties have the right to establish a different order of settlements (using surety agreements, letters of credit, etc.).
Other terms of payment are prescribed in the Contract and additional agreements/specifications.
Price for natural gas for consumers with delivery in month ____________ 2020:
___________ UAH/thousand m3 without VAT (__________ UAH/thousand m3 with VAT)*
* The specified price may differ depending on payment terms, natural gas supply volumes and consumer credit rating.
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