Contracts concluded in total meet the criteria of significant contract dated
The Executive Board of Apator SA announces that Apator Mining Sp. z o. o. in the period of the recent 12 months concluded in total 75 contracts with Kompania Węglowa SA with headquarters in Katowice and its branch offices for total amount of 21,7 m PLN. The above contracts have been considered in total as significant one due to the exceeding the value of 10% equities of Apator SA. Among them the contract of the highest value is for 4 m PLN concluded on the 21st March 2012. The contract concerns the supply of mining circuit breakers and withdrawal units by Apator Mining Sp. z o.o. for branch offices of Kompania Węglowa SA. In 2012 The conditions of this contract do not differ from typical ones for such types of transactions on the market. The contract has been concluded with no restriction to the condition or term. The contract is binding since the date of its signature till the 31st December 2012. In case of lack of fulfillment or improper fulfillment of duties according to the provisions of the contract, Apator Mining Sp. z o. o. ("Manufacturer") is obliged to pay to Kompania Węglowa SA ("Ordering Party") the following contractual penalties:- 10% net value of not fulfilled part of the contract, when „Ordering Party” terminates the contract due to circumstances for which the “Manufacturer” is responsible;- 0,1% net value of the delivery specified every time in the order, not delivered in time for each commenced day of the delay calculated till the day of delivery of the good while from the 31st day of the delay the penalty will be calculated in value of 0,5%; in case of definite lack of performance of the order or some part of it in case when the contract has not been terminated, contractual penalty is equal the value of not performed order;- 0,2% net value of the delivery of the order claimed for each day of the delay commenced in warranty period- 0,5% net value of the delivery for each day of the delay in case of lack of consideration and reply in writing within three business days since the claim has been raised by “Ordering Party” due to receipt of defected products; - 0,5% net value of the delivery for each day of the delay in case of acceptance of the claim of „Ordering Party” when the products free of defects are not delivered within three business days. Moreover, “Ordering Party” apart to contractual penalties has the right to claim compensation from “Manufacturer” to the value of the losses really incurred in accordance with general terms. On the other hand Apator Mining Sp. z o. o. is entitled to claim the following contractual penalties from Kompania Węglowa SA:- 10% net value of the delivery each time specified in not performed order when „Manufacturer” terminates the contract due to circumstances for which „Ordering Party” is responsible;- 0,1% net value of ordered when the product was not collected due to the fault of „Ordering Party” for each commenced day of the delay. Legal base: § 5 para 1 point 3 of the Regulation of Minister of Finance regarding current and regular information being transferred by the issuers of securities and conditions to be considered as equivalent information required by law of the country not being the member of the EU.
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