Offtake Agreement Risks

In a take-or pay contract, the buyer must cover or pay the contract price (as liquidated damage), even if he does not buy or use the entire agreed amount of the product produced by the project. When such a payment is made, the buyer may sometimes have the right to receive an equivalent amount of product at a later date. On the supply side, a long-term supply contract guarantees or guarantees the project company`s access to key deliveries at a pre-agreed price for an agreed period. Before a product is delivered or money changes ownership under the agreement, the Offtake agreement offers the greatest benefit, as the agreement was reached and the agreement probably would not have been respected. We will not stress its importance enough. While it is more likely that our deal team will prepare the project documents, if we do not prepare the remaining project documents, we should be responsible for preparing the acquisition agreement. In addition to providing a guaranteed market and a source of supply for its product, an acquisition agreement allows the manufacturer/seller to guarantee a minimum result for its investment. Because taketake agreements often help secure funds for the creation or extension of a facility, the seller can negotiate a price that guarantees a minimum level of return on associated products and thus reduces the risk associated with the investment. Offtake agreements can also be complicated and implement them for a very long time. For mining companies wishing to make rapid progress in project development, the cost of this period can be an obstacle. These companies may decide to go ahead on their own and find other ways to finance projects. Price fixing under acquisition agreements may be essential and, depending on the product of the project and the market, project proponents may require price security or take some or all of the market price risks, but they seek to ensure the volume of the acquisition in order to gain security in terms of sales flow. A right of refusal for the product remotely from products is often a feature of contracts for the sale of goods.

The possibility of refusing volumes for specification reasons must be carefully considered and evaluated technically, as well as the right to claim damages, if that is the case. This is particularly important for projects where the supply of off-specification products can have a significant impact on other customers or on the project infrastructure associated with them. Where OTC agreements have been concluded, financiers may require that each client have a minimum rating or, in other ways, comply with minimal financial audits. The risk associated with counterparties supplying raw materials or subtracting project products is generally referred to as ”supply risk” and ”hazard risk.” These risks are related to project inputs and exits and the inability of suppliers (or users) or customers to pay or otherwise meet their obligations. While the risk profile of these problems will vary considerably from project to project, some methods of reducing these risks are similar through contractual agreements with suppliers, users or customers. As a general rule, enterprise agreements are negotiated after a feasibility study has been completed and before the construction of mines; they help assure producers that there is a market for the equipment they want to produce. This is an advantage for a number of reasons – it clearly means that the mining company does not have to worry about being able to sell its metal. Offtake agreements are essential for many mining companies, especially those that focus on critical and industrial metals.