The subject of the contract are successive wholesale deliveries of diesel fuel according to the currently applicable Polish Standard PN-EN 590 or equivalent standard, in the amount of 1800 m3.

1. The subject of the contract are successive wholesale deliveries of diesel fuel according to the currently applicable Polish Standard PN-EN 590 or equivalent standard, in the amount of 1800 m3, taking into account point 3 below.

2. The type of diesel fuel supplied must be adapted to the existing climatic conditions during the term of the contract.

3. Under the contract, the Ordering Party reserves the right to reduce the order of diesel oil quantitatively, depending on the needs resulting from current transport tasks, with the proviso that the ordered amount of oil will be not less than 1400 m3. In the event of a reduction in the quantity, the Contractor shall not be entitled to any claim against the Ordering Party.

4. The supplied diesel oil must meet the requirements set out in the Regulation of the Minister of Economy of 9 October 2015 on quality requirements for liquid fuels (Journal of Laws of 2015, item 1680, as amended).

5. In the event of a change in the abovementioned provisions or their replacement by other provisions, the gas oil supplied must comply with the requirements resulting from the regulations in force on the date of delivery.

6. Each delivery of diesel fuel must be accompanied by an appropriate quality certificate. In case of doubts as to the quality of the delivered diesel fuel, the Ordering Party reserves the right to perform qualitative tests in laboratories of its choice. Unless the quality of the fuel meets the requirements of the standards, all costs related to poor fuel quality shall be borne by the Contractor.

7. The Contractor shall provide with the first delivery a data sheet of the product offered containing:

(a) identification of the product and the manufacturer,

(b) identification of hazards (fire, toxicological, ecological, etc.),

(c) first aid (poisoning, contamination, etc.),

(d) fire management,

(e) management of release into the environment,

(f) exposure control (limit value) and recommended personal protective equipment,

(g) waste management.

8. Tank trucks used by the Contractor should have a certificate authorizing the carriage of diesel fuel.

9. If the description of the subject of the contract or technical documentation contains a reference to standards, technical assessments, technical specifications and technical reference systems referred to in Article 101(1)(2) and (3) of the PPL Act, the Ordering Party shall allow equivalent solutions, i.e. those that will guarantee the implementation of the subject of the contract in accordance with the description of the subject of the contract and ensure obtaining technical parameters not inferior to those assumed in the above-mentioned Documents. In the case of an intention to use equivalent solutions, the Contractor is obliged to indicate these solutions together with the offer and demonstrate, by any means of proof, that the proposed solutions meet the requirements specified in the description of the subject of the contract to an equivalent extent. The burden of proving equivalence shall lie with the Contractor. In the described situation, the above-mentioned documents will constitute the means of proof in question.

10. Pursuant to Article 107(2) of the PPL Act, if the Contractor fails to submit the means of proof referred to in point 9 above or the evidence in question is incomplete, the Contracting Authority shall call for their submission or supplementation within the prescribed period, subject to Article 107(3) of the PPL Act.

11. The method of delivery is described in the model contract constituting Annex 4 to the SWZ.

12. The Contracting Authority does not provide for the contracts referred to in Article 388(2)(b) of the PPL Act.

13. The Contracting Authority does not provide for the employment requirements referred to in Articles 95 and 96(2)(2) of the PPL Act.

14. The Contracting Authority does not reserve the right to apply for the award of a contract only by the Contractors referred to in Article 94 of the PPL Act.