Take-or-pay contract
Encyclopedia
A take-or-pay contract is a rule structuring negotiation
s between companies and their suppliers. With this kind of contract, the company either takes the product from the supplier or pays the supplier a penalty. For any product the company takes, they agree to pay the supplier a certain price, say $50 a ton. Furthermore, up to an agreed-upon ceiling, the company has to pay the supplier even for products they do not take. This “penalty” price is lower, say $40 a ton.
Take or pay contract is very common in the energy industry, in particularly the gas sales.
Negotiation
Negotiation is a dialogue between two or more people or parties, intended to reach an understanding, resolve point of difference, or gain advantage in outcome of dialogue, to produce an agreement upon courses of action, to bargain for individual or collective advantage, to craft outcomes to satisfy...
s between companies and their suppliers. With this kind of contract, the company either takes the product from the supplier or pays the supplier a penalty. For any product the company takes, they agree to pay the supplier a certain price, say $50 a ton. Furthermore, up to an agreed-upon ceiling, the company has to pay the supplier even for products they do not take. This “penalty” price is lower, say $40 a ton.
Take or pay contract is very common in the energy industry, in particularly the gas sales.
Advantages
- Reduces risk to the company's supplier, in return for which they can ask to pay less.
- Reduces a rival’s incentive to come after the company's customers by making retaliationRevengeRevenge is a harmful action against a person or group in response to a grievance, be it real or perceived. It is also called payback, retribution, retaliation or vengeance; it may be characterized, justly or unjustly, as a form of justice.-Function in society:Some societies believe that the...
a near certainty.