The Executive Board of Apator SA announces that on the 12th October 2011 Apator Metrix SA (subsidiary) and Wielkopolska Spółka Gazownictwa sp. z o. o. with headquarters in Poznań concluded the contract. The subject of the contract is the supply of gas meters for total amount of 17.654 000 PLN. The deliveries will be performed since November 2011 till June 2014. The contract was concluded by correspondence and it was received by Apator Metrix SA on the 14th October 2011.
Apator SA announces that the conditions of the above contract do not differ from typical ones for such type of transactions on the market.
The contract does not include any provisions regarding reservations about the terms and conditions but it includes provisions regarding liquidated damages. Wielkopolska Spółka Gazownictwa sp. z o. o. (the Ordering party) is entitled to claim from Apator Metrix SA
(the Contractor) the following liquidated damages:
- for the delay in delivery of gas meters in respect of the order – liquidated damage in amount of  0,1% net price for the batch of the delivery for each day of the delay,
- for the delay in remedy of the defects in gas meters – liquidated damage in amount of 1% net price of a gas meter for each day of delay,
- in case of termination of the contract by the Ordering party due to the delay in delivery of gas meters in the quarter exceeding the period of 30 days – liquidated damage in amount of 10% value of the order.
Moreover, the Ordering party reserved the right to compensation in value exceeding the amount of liquidated damages paid by the Contractor.
In the recent period of twelve months Grupa Apator and Wielkopolska Spółka Gazownictwa sp. z o. o. concluded three contracts for total amount of 20.162 000 PLN. Among them there is the contract of the highest value described above as the significant one.
The contracts have been considered in total as the significant one due to the exceeding in total the value of 10% equities of Apator SA.
Legal base: § 5 para 1 point 3 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.