1. The subject of this order is the successive supply of Illumina detection and diagnostic reagents or equivalent, specified in type and quantity in the Assortment and Price Form, constituting Appendix No. 2 to the Terms of Reference, subject to paragraph 2 and
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2. The subject matter of the contract has been specified in Appendix 2, based on an analysis of the deliveries of reagents manufactured by Illumina and made over the last 24 months, taking into account the quantitative changes necessary for the implementation of the programmes
scientific and research activities, the continuation of which requires the absolute use of reagents of the same manufacturer or the manufacturer of "equivalent" reagents referred to in Chapter III, paragraph 3.
1. The subject of this order is the successive supply of Illumina detection and diagnostic reagents or equivalent, specified in type and quantity in the Assortment and Price Form, constituting Appendix No. 2 to the Terms of Reference, subject to paragraph 2 and
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2. The subject matter of the contract has been specified in Appendix 2, based on an analysis of the supply of reagents manufactured by Illumina and made over the last 24 months, taking into account the quantitative changes necessary for the implementation of scientific and research programs, the continuation of which requires the absolute use of reagents of the same manufacturer or the manufacturer of "equivalent" reagents referred to in paragraph 3.
3. Taking into account the specific nature of the subject-matter of the contract (Illumina's detection and diagnostic reagents) and the consequent impossibility of unambiguously describing the equivalence criteria, which cannot be described with sufficient precision, pursuant to Article 99(5) and (6) of the
Act, the Contractor who refers to "equivalent" products (from a manufacturer other than Illumina) specified in the Assortment and Price Form (Appendix No. 2 to the Terms of Reference) is obliged to demonstrate by submitting the said evidence referred to in Section 5 of the Act together with the offer, in accordance with the provisions of Chapter XI of the Terms of Reference, that the reagents offered by the Contractor (each individually) meet the requirements allowing for the continuation of scientific and research programs without the need to perform additional activities (procedures), the need to purchase additional reagents or other consumables, calibrate devices (if applicable), and accept responsibility for damage to equipment resulting from the use of "equivalent" reagents offered and supplied, based on the opinion issued by the equipment manufacturer's authorized service provider.4. Due to technical and technological progress, the Ordering Party allows for the possibility of changing the subject matter of the contract specified in the Assortment and Price Form constituting Appendix No. 2 to the Draft Agreement by reserving the right to purchase reagents not included in Appendix No. 2 to the Agreement, but included in the publicly available catalogue available on the manufacturer's website, with the proviso that these reagents will belong to the reagents for detection and diagnostics, to which the Contractor is entitled to distribute and with the proviso that the total value of the contract will not change, in the event of:1) withdrawal from distribution of the reagent listed in the Assortment and Price Form (Appendix No. 2 to the Draft Agreement) and replacing it with a product belonging to the same product line, with properties at least similar to the reagent withdrawn for a price not higher than the price of the reagent set in this agreement, 2) introduction by the manufacturer of a new reagent with improved physicochemical properties, beneficial to the Ordering Party from the point of view of the results (quality) of the conducted scientific research, for the price specified in the manufacturer's publicly available catalogue, reduced by a discount in the amount declared by the Contractor in the Offer Form constituting Appendix No. 1 to the Agreement, 3) the necessity to change the reagent included in the Assortment and Price Form to another reagent included in the publicly available catalogue published on the manufacturer's website for the price specified in the manufacturer's publicly available catalogue, less the
discount in the amount declared by the Contractor in the Offer Form constituting Appendix No. 1 to the Agreement. 5. The Contracting Authority reserves the right to change the quantity of the subject of the contract specified in the Assortment and Price Form, within the limits of the contractual remuneration referred to in § 4 section 1 of the Draft Agreement (Appendix No. 6 to the Terms of Reference), as well as the possibility of not using the subject matter of the contract in terms of quantity and value, but not exceeding 30% of the value of the remuneration specified in § 4 section 1.