Announcement regarding of the Tender on realization of the exporting electricity (Export Contract) or electricity for the export purposes (Direct Export Contract) by the Ltd. “Engurhesi” to the Neighbouring Countries (Turkey, Azerbaijan and Armenia)
I. General terms of the supply of the electricity
1. The total forecasting volume of the distribution of the exporting/for export purposes electricity generated by the Ltd. “Engurhesi” during the month of Juny, 2021 shall be at a capacity up to 200 MW (Base Load). The total forecasting volume of exporting/for export purposes electricity may be delivered to several applicants, taking into the consideration their demand and the direction of the intended export.
2. The forecasting calendar plan-schedule of delivery of the electricity of an accounting month is confirmed by the Parties of the Agreement together with the Agreement, and any amendment or changes into the schedule should be agreed prior to the beginning of the accounting period.
3. The schedule of the accounting month, prior to the month or within the period of the currency of the month, as well as proceeding from the actual reasons independent upon the Supplier as well as other force-majeure circumstances which also may be connected with deficiency of the water inflow, the technical operational requirement of Georgia or importing country, the damage transmitting system of Georgia or importing country, systematic collapse or any other case causing, may suffer from significant corrections and therefore because of such circumstances the Supplier is excluded from its responsibilities.
4. Temporary termination (interruption) of the delivery, which will be recognized as a reasonable excuse in case of requirement of a technical operator of the system (including operative requirement) and existence of such circumstance should be informed to the Buyer within at least 24 (twenty four) hours since their appearance. Therefore such circumstances exclude the Supplier from its responsibilities.
II. Terms of submittal of a Commercial Offer
1. The Applicant shall submit via E-Mail a Commercial Offer in Georgian with indication of a price per 1 kWh (in GEL Tetris with rounding to hundredth.
2. The documents indicated in the paragraph 1 shall be submitted by the Applicant not later than the 22 May, 2021, 18:00 p.m. (Georgian Time) from the day of publishing of an announcement on the official web-site of the Engurhesi LLC – www.engurhesi.ge. If not, an offer submitted by the Applicant will be recognized as a withdrawn. A commercial offer and all respective documents shall be submitted via following email: email@example.com.
III. Terms of verbal trade and evaluation of a commercial proposal
1. The winner will be the Applicant who represented the highest price, which shall be calculated after deducting of all the expenses that may be incurred for Engurhesi LLC.
2. In case of proposing of an unreasonable price which isn’t acceptable, the Ltd “Engurhesi” reserves all rights not to conclude Contract on Export of the electricity. Any result of the Tender will be declared as annulated and currency of the Tender won’t be followed by any legal result that, accordingly, excludes submittal of any kind of claim towards the Ltd “Engurhesi”.
IV. General terms of conclusion of the Agreement
The Contract for Export / Export Purposes of Electricity shall be regulated by the Georgian legislation. All and any disputes arising out of or in connection with Direct Contract on the Export of Electricity shall be finally settled exclusively only by the courts of Georgia, excluding all and any other state courts jurisdictions and arbitration. This choice of jurisdiction of Georgian state courts shall confirm parties agreement on exclusive jurisdiction of Georgian state courts for all and any disputes arising out of or in connection with contract.