Significant contract concluded by subsidiary NEWIND Grupa Apator Sp. z o. o.
Executive Board of Apator SA announces that on the 20th July 2012 NEWIND Grupa Apator sp. z o. o. (subsidiary of Apator Rector sp. z o. o.) concluded significant contract with Zakład Ubezpieczeń Społecznych with headquarters in Warsaw („Ordering Party”) of total net amount of 32,9 m PLN (gross amount of 40,5 m PLN). The subject of the contract is delivery by NEWIND Grupa Apator sp. z o. o. („Contractor”) of equipment and granting the software license for the needs of modernization of technical-system infrastructure of Electronic Exchange of Documents System being the elements of Comprehensive Information Technology System of Zakład Ubezpieczeń Społecznych. The performance of the contract will commence not later than up to 8 weeks of the date of signature of the contract Apator SA announces that conditions of the above contract do not differ from ones typical for such type transactions on the market. The contract does not include any provisions concerning the condition and the term. However, based on provision in the contract in case of significant change of circumstances that caused the performance of the contract is not of public interest that they could not be anticipated in the moment of signature of the contract, “Ordering Party” is allowed to terminate the contract within 30 days after it received the information about such circumstances. In such case, “Contractor” may demand only payment for the performed part of the contract. Zakład Ubezpieczeń Społecznych is entitled to make the demand from NEWIND Grupa Apator the following material contractual penalties in case of:- delay in performance of the contract by the Contractor: 0,2% total value of the subject of the contract with VAT for each commenced day of the delay;- delay in performance of the contract by the Contractor over 21 days: Ordering Party is allowed to terminate the contract and make the demand of contractual penalties from the Contractor in amount of 20% total value of the subject of the contract with VAT apart to penalty mentioned in the subclause above;- contract termination by the Contractor due to reasons being beyond the control of Ordering Party: 20% total value of the subject of the contract with VAT, independently the penalty indicated in the above subclause;- delay in submission of the project and schedule: 1 000 PLN for each commenced of calendar day of the delay;- delay in repair of equipment delivered over 24 h since the moment of failure: 4 000 PLN for each commenced hour of the delay;- delay in reaction since the moment of notification about failure and till the moment of first action taken by service in order to repair a failure: 2 000 PLN for each commenced hour of the delay;- delay in exchange of the equipment to new one ( in case when reparation is not possible): 2 000 PLN for each commenced day of the delay;- delay in exchange of the equipment to new one when after three repairs made when the equipment is still out of order: 2 000 PLN for each commenced hour of the delay;- delays in periodical check-ups: 2 000 PLN for each calendar day of the delay.Moreover, if the damage caused by fault of Ordering Party exceeds the value of indicated contractual penalties, Ordering Party has the right to demand supplementary compensation on general rules. The hedging of proper performance of the contract is in form of the insurance guarantee for proper performance of the contract granted by NEWIND Grupa Apator sp. z o. o. It is for the amount of 2.025 000 PLN. Ordering Party will return 70% hedge amount within 30 days since proper performance of the contract but not later that on 15th day after the guarantee period (i.e 36 months since the moment of delivery of equipment). The contract has been considered as significant one due to the exceeding the value of 10% equities of Apator SA. In the recent twelve months the entities of Grupa Apator concluded with Zakład Ubezpieczeń Społecznych two contracts of total net value of 45,8 m PLN (above contract included). The contract of the highest value in this period is the one described above. 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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