Offtake Contract

What is an ‘Offtake Contract’

An offtake agreement is a contract in between a producer of a resource and a buyer of a resource to buy or sell portions of the manufacturer’s future production. An offtake contract is usually worked out previous to the building and construction of a center such as a mine, in order to protect a market for the future output of the facility. If loan providers can see the business has a buyer of its production, it makes it simpler to acquire funding to construct a facility.

BREAKING DOWN ‘Offtake Contract’

Offtake agreements are frequently used in natural resource development, in which the capital expenses to draw out the resource is considerable and the business wants a warranty that some of its product will be sold. Business can normally revoke an offtake agreement through negotiations with the other celebration and with the payment of a charge.

Benefits to Sellers

In addition to offering a guaranteed market and source of earnings for its item, the seller can guarantee a minimum level of earnings in concerns to their investment. Because offtake contracts frequently assist secure funds for center development or expansion, the seller can negotiate a price that protects a minimum level of return on the associated items, decreasing the threat associated with the investment.

Benefit to Purchasers

Offtake arrangements can offer a benefit to purchasers, functioning as a method to protect a specific cost prior to production. This can function as a hedge versus future rate changes if need outweighs supply. It also provides a warranty that the asked for possessions will be provided, as the shipment is considered a commitment on the part of the seller.

Offtake Agreements and Natural Resources

Offtake arrangements take place frequently within the natural resource sector and energy production industries. This is due to the cost associated with extractions and the constant need on the items.

Force Majeure Clauses

A lot of offtake contracts consist of force majeure provisions. These stipulations permit the purchaser or the seller to cancel the contract if specific events occur that are deemed outside the control of the buyer or seller, and if they put unneeded difficulty on either party. Often, this provides protection versus the negative impact of specific acts of nature, such as flooding or wildfires.

Click for more information on Offtake Contract