The subject of the contract is the purchase of electricity in the planned amount of approximately 2 350 000 kWh for 17 consumption points owned by ZWiK Sp. z o.o. in Myszków in tariff groups: B23 – 2 facilities, C11 – 11 facilities, C22b – 4 facilities.

1. The subject of the contract is the purchase of electricity in the planned amount of approximately 2 350 000 kWh for 17 consumption points owned by ZWiK Sp. z o.o. in Myszków in tariff groups: B23 – 2 facilities, C11 – 11 facilities, C22b – 4 facilities.

2. Object range of the order:

1) The Contracting Authority does not provide for the purchase of energy to consumption points in tariff groups other than those listed in point 1, i.e. B23, C11, during the contractual period,

C22 b.

2) When performing the subject of the contract, the contractor is obliged to have a current agreement with Tauron Dystrybucja S.A. enabling the sale of electricity via the distribution network of Tauron Dystrybucja S.A. to the facilities of the Ordering Party.

3) The Ordering Party will consume electricity for its own business as a final customer.

4) The estimated amount of energy supplied during the delivery period is 2 350 000 kWh.

(5) Due to the nature of the contract, it is not possible to determine the exact consumption of the electricity covered by the subject-matter of the contract. For this reason, the Ordering Party has provided a foreseeable amount of electricity consumption calculated on the basis of consumption over the last 12 months (from June 2022 to May 2023). The actual amount of electricity consumption may change, i.e. increase or decrease within 10%.

6) Determination of the expected (maximum) energy consumption is a necessary element for selecting the most advantageous offer and does not constitute an obligation on the part of the Ordering Party to purchase electricity in the given quantities. The amount of electricity consumed by the Ordering Party will be determined on the basis of direct readings of metering and settlement systems. The settlement of delivery will take place on the basis of actual energy consumption according to prices and rates resulting from the submitted offer. Any change in the expected estimated consumption will not result in additional costs for the Ordering Party, except for the actual amount of energy consumed according to the prices specified in the Offer Form in the table entitled Price Form. The Contractor shall not be entitled to any claim for failure to consume the expected amount of energy by the Ordering Party.

7) The sale of electricity for a new point of consumption not covered by Annex No. 1 to the SWZ and the Agreement or for a point where there has been a significant increase in capacity due to the extension will be made on the basis of an amendment to the said Annex without the need to renegotiate the terms of the Agreement.

8) The Ordering Party informs that this is another procedure for changing the energy supplier. All 17 electricity consumption points are located in Tauron Dystrybucja S.A.

9) The current seller of electricity is ENEA S.A. with its registered office in Poznań,

Pastelowa 8, 60-198 Poznań.

10) The one-month or two-month settlement period required by the Ordering Party is consistent with the settlement period used by the Distribution System Operator Tauron Dystrybucja S.A.

11) The Ordering Party informs that it currently has separate contracts for the sale of electricity and distribution of electricity at 17 electricity consumption points. Energy sales agreements are valid until 31 December 2023 with ENEA S.A. Distribution agreements are signed for an indefinite period.

12) The Ordering Party informs that the metering and settlement systems in tariff group B23 (2 facilities) are adapted to the TPA principle.

13) The Ordering Party informs that it has not signed annexes concerning loyalty and promotional programs.

14) The Ordering Party shall provide, by the date of signing the contract, in addition to the relevant power of attorney to submit on behalf of the Ordering Party notifications of the sales contract, all missing data to supplement the applications for changing the seller,

15) The Ordering Party allows the conclusion of the contract by correspondence.