What subjects should be in EPC?
Last guarantEE meeting we discussed about the contents of an EP contract.
Fit Our Future shared their contract and RVO translated it: Model contract FOF.
Do you put the same articles/subjects in your contract?
The content is like this:
Performance contract for technically guaranteed energy and CO2 savings
THE UNDERSIGNED:
WHEREAS:
DEFINITIONS
DECLARE TO HAVE AGREED AS FOLLOWS:
Article 1 – Assignment issued to ESCO
Article 2 – Target consumption
Article 3 – Measuring and monitoring by FOF
Article 4 – Technical performance guarantee by ESCO
Article 5 – Payment of Project invoice to ESCO by the Commissioning party
Article 6 – Payment of Maintenance costs to ESCO by the Commissioning party
Article 7 – Payment of Contract management costs to FOF by the Commissioning party
Article 8 – Retention of title and right of pledge
Article 9 – Shortcoming
Article 10 – Liability
Article 11 – Insurances
Article 12 – Effective date and Duration of the Performance contract
Article 13 – Amendments of and additions to the Performance contract
Article 14 – Termination, suspension or dissolution of the Performance contract
Article 15 – Contract takeover
Article 16 – Confidentiality
Article 17 – Applicable law and settlement of disputes
Article 18 – Final provisions
Signatures
APPENDIX 1 – ASSIGNMENT SPECIFICATION
Article 1 – Specification of the Properties
Article 2 – Assignment specification of the energy- and CO2-saving measures to be implemented
Article 3 – Completion
Article 4 – Assignment specification of preventive maintenance to be performed
Article 5 – Specification of Breakdown maintenance
Article 6 – Authorisation for monitoring by FOF
Article 7 – Consultation and reporting
Article 8 – Obligations of FOF
Article 9 – Obligations of ESCO
Article 10 – Obligations of the Commissioning party