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Apator Metrix SA concluded the contracts complying in total the criteria of significant contract

Nr 5/2011
Date and time: 2011/01/17, 00:00
Category: Concluded contracts

The Executive Board of Apator SA announces that the subsidiary Apator Metrix concluded three contracts with Pomorska Spółka Gazownictwa sp. z o.o. with the seat in Gdańsk for total value of 15,4 m PLN. All contracts regard the sales of bellows gas meters (G4 and G6) in the period since the day of conclusion of the contracts till 14th November 2012 by Apator Metrix SA. THe base for the contracts to be signed was the unlimited tender.In the period of the recent twelve months the entities of Grupa Apator concluded with Pomorska Spółka Gazownictwa sp. z o.o. only three above contracts. The contract of the highest value is the contract for 9,8 m PLN concluded on 14th January 2011.The contract regards the delivery of bellows gas meters of G4 type by Apator Metrix. The conditions of the contract are not different from such typical contracts on the market. The contract was not concluded with the reservation about the date and the condition.Pomorska Spółka Gazownictwa sp. z o.o. („Ordering Party”) is allowed to demand from Apator Metrix S.A. the following liquidated damages:1) retract from the contract by Ordering Party due to circumstances that Contractor is responsible for - 30% total net value of the contract;2) disclosure by Ordering Party after receipt protocol is signed without remarks and objections that parameters of the batch of gas meters delivered do not comply with requirements in S/WZ document what was not possible to detect on the day of conclusion of the protocol – 10% of net value of the batch of gas meters; in that case beside liquidated damages the Contractor is obligated to replace whole the batch of gas meters to gas meters complying with the requirements of S/WZ document at own cost within 30 days of the summons on penalty of the retract from the contract due to the fault of Contractor and liquidated damages have to be paid as mentioned in point 1);3) delay in the performance of the part of delivery in relation to the agreed date – 0,5% of net value of the batch of gas meters for each day of the delay;4) delay in remedy of the defects in gas meter in relation to the agreed date – value of lump sum of net unit price for each day of delay in relation to one gas meter; in case of the delay in remedy in case of several units of gas meter the penalty is the product of lump sum of unit price of gas meter and number of gas meters for each day of delay;5) delay in relation to 21 days in case of replacement of entire batch of gas meters or faulty one to completely new ones – 0,5% of net value of the faulty batch of gas meters for each day of the delay.Moreover:Ordering Party is allowed to terminate the contract immediately if the Contractor violates the stipulations of the contract particularly when the part of delivery is delayed more than 30 days or in spite of summons it does not replace the faulty batch of gas meters. In such circumstances the Contractor is obligated to pay towards Ordering Party liquidated damages specified in point 1).- Ordering Party reserves the right to claim on general rules the compensation exceeding the liquidated damages- Lack of damage does not exclude responsibility resulting of liquidated damages.The contracts have been considered as significant contract due to the total value had been exceeded 10% of the equity of Apator S.A. Legal base: § 5 para 1 point 3 of the Regulations of Ministry of Finance dated 19th February 2009 on current and regular information being transferred by issuers of  securities and conditions of the information to be considered as equivalent one required by law of the country not being the member of the EU.


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