The following Energy practice note Produced in partnership with James Bruce of Gowling WLG and Aniela Foster-Turner of Siemens Gamesa provides comprehensive and up to date legal information covering:
The Turbine Supply Agreement (TSA) is a critical component of the contractual framework for a wind farm. This note analyses some of the key aspects of a TSA and how it fits into the wider contractual suite of documents used to construct, operate and maintain an onshore or offshore wind farm.
Wind farms consist of individual wind turbine generators (WTG) used to generate renewable power. Each WTG typically consists of a nacelle (which sits at the top of the WTG’s tower and houses the generating components), blades, tower and other critical components such as control and data equipment, generator and switchgear.
The TSA will typically cover the design, construction and delivery to site of these components, as well as the erection, commissioning and warranties in relation to each WTG. The form of the TSA may be a bespoke form or amended standard form, but will be tailored to suit the specific requirements of wind turbine supply contracts.
Most manufacturers have developed their own individual forms of TSA, but each TSA will generally cover the following issues:
specifications—to what specification will the WTG be designed and manufactured, and how it will perform. The specification needs to be clear and unambiguous to ensure certainty of what will be delivered. Developers (and funders) will need to ensure that the specification of the equipment being
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What is a company's constitution?A company’s 'constitution' is defined under the Companies Act 2006 (CA 2006) as including:•the company’s articles of association, and•any resolutions and agreements affecting a company’s constitutionThe CA 2006 definition of 'constitution' is not exhaustive and also
LiabilityFalse imprisonment consists of the complete deprivation of liberty without a lawful basis. Claims will in practice be made against a public body that exercises detention powers, usually a local police force, the Secretary of State for the Home Department or the Secretary of State for
There may be times when, rather than assigning the benefit of an agreement to a third party, the original parties wish instead to end their obligations to each other under that agreement and, in effect, recreate it, with the third party stepping into the shoes of one of the original parties. This is
Company directors are not, by virtue only of their office as director, automatically entitled under company law to remuneration for services as a director or to reimbursement of expenses incurred in rendering such services. Power to pay directors remuneration for their services will need to be
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