Apator Mining Sp. z o.o. concluded contract with Kompania Węglowa S.A. that meets the criterium of significant contract taking into account all together concluded contracts
The Executive Board of Apator SA announces that subsidiary Apator Mining sp. z o.o. (“the Seller”) and Kompania Węglowa (“the Buyer”) with headquarters in Katowice concluded the contract for the delivery of intrinsically safe starters, circuit breakers and withdrawable units to the branch offices of the Kompania Węglowa SA. The value of the contract is net 3,9 m PLN and it regards the deliveries to be performed to the end of 2011. The contract was concluded by correspondence on the 6th June 2011 and it was submitted to Apator Mining sp. z o.o. signed by the second party on the 29th June 2011.Apaptor SA informs that the conditions of the contract do not differ from typical conditions for such type of the contracts on the market. Moreover, the parties agreed that minimal guaranteed value of performance of the contract in 2011 will be not less than 50% of the value of the contract. The contract has been concluded without any reservations to the condition and the date. In case of lack of fulfilment or unduly fulfilment of the contract Apator Mining sp. z o.o. is obligated to make payment to Kompania Węglowa SA the following liquidated damages: - in amount of 10% of gross value of not fulfilled part of the contract, when one of the parties withdraws from the contract due to circumstances where the Seller is responsible for, - in amount of 10% of contractual gross value of the subject of order specified each time – in amount of 0.1% of contractual gross value of the subject of order in not performed order, not delivered on agreed date for each commenced day of the delay but since 31st day of the delay, liquidated damaged will be calculated in amount of 0,5%,- in amount of 0,2% of gross value of the good claimed for ech commenced day of the delay, - in amount of 0,5% gross value of the contract for each day of the delay in delivery goods free of defects. On other hand Kompania Węglowa SA is obligated to make payment to Apator Mining sp. z o.o. liquidated damages:- in amount 10% of contractual gross value the subject of order specified each time by not performed order when the Seller withdraws from the order due to circumstances the Buyer is responsible for, in amount of 0,1% of contractual gross value of ordered by not taken good due to the fault of the Buyer for each day of the delay. During the recent 12 month period Apator Mining sp. z o.o. concluded with Kompania Węglowa SA in total 123 contracts (including the above one) for total value of 18,5 m PLN. The contracts all together meet the criterium of significant contract since they exceed 10% of equities of the issuer that Apator SA in ToruńLegal base: § 5 para 1 point 3 and § 9 of the Regulation of Ministry of Finance on current and regular information being transferred by issuers of securities and the conditions to be considered as equivalent the information required by law of the country not being the member of EU.
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