In order for the seller to legitimately claim a claim against the buyer, it is necessary that the seller has previously imposed a “take or pay” clause on the seller, and only because that customer does not remove the minimum annual amount (quantity taken or paid) and not because the seller has chosen another supplier or other solutions at a lower cost (for example. B purchase of lots of LNG). Because take-pay contracts are long-term contracts, they are vulnerable to unforeseen events that are not covered by the contract. These external events include political circumstances, commercial developments, geological events, etc. If one of them takes place, the contract may no longer be feasible or viable for either party. In this case, one of the parties may terminate the contract or terminate the contract. Alternatively, the world price of gas is falling during the contract, Company A could try to take the gas delivery and instead buy gas from another supplier, Company C, at the new lower price and instead pay the fine agreed to Company B. It is in Company A`s interest to do so when the total cost of Company C`s gas, plus the penalty, is less than the price originally negotiated for Firm B`s gas consumption. The main distinguishing feature of a payment and support contract is that any refusal by the purchaser to take the minimum amount of the contract is a separate offence for which the seller must make a claim for compensation and, if the buyer actively objects to the seller`s claim, it may take some time for the seller to recover his injury. To the extent that the contract does not contain compensation related to the liquidation of this type of violation, the seller must, in the application for such a violation, provide, among other things, proof of his actual harm and proof of his efforts to mitigate that loss. All of this will usually take a long time to follow.
A take-or pay contract is a rule that structures negotiations between companies and their suppliers. With this type of contract, the company either withdraws the product from the supplier or pays a fine to the supplier.