The subject of the contract is the delivery of the matrix to the basic center, in accordance with the SWZ, including on the terms set out in the description of the subject of the contract form and in the draft provisions of the contract.
In addition to the guaranteed order covering the delivery and implementation of 1 pc. disk array and 24 pcs. NVME 7.68TB SSDs, the Ordering Party reserves the right to fulfill the order covered by the right of option. The exercise of the option right will consist in delivering disks in the number indicated by the Ordering Party (up to a maximum of 12 NVME 7.68TB SSDs) and performing implementation activities. The description of the disks covered by the option right is identical (identical) to the description of the disks covered by the guaranteed order.
The subject of the contract is the delivery of the matrix to the basic center, in accordance with the SWZ, including on the terms set out in the description of the subject of the contract form and in the draft provisions of the contract. In addition to the guaranteed order, including the delivery and implementation of 1 pc. disk array and 24 pcs. NVME 7.68TB SSDs, the Ordering Party reserves the right to fulfill the order covered by the right of option. The exercise of the option right will consist in delivering disks in the number indicated by the Ordering Party (up to a maximum of 12 NVME 7.68TB SSDs) and performing implementation activities. The description of the disks covered by the option right is identical (identical) to the description of the disks covered by the guaranteed order. By submitting the offer, the Contractor assumes the obligation to perform both the guaranteed contract and the contract covered by the option right, while the exercise of the option right will depend on the decision of the Ordering Party (in particular, on the Ordering Party's possession of financial resources in the appropriate amount). The Contractor shall not be entitled to any claims against the Ordering Party in the event of non-exercise by the Ordering Party of the right of option or in the event of exercising the right of option to an incomplete extent.
-- A detailed description of the subject of the order is included in the description of the subject of the order form, which is an integral part of the SWZ.
-- The execution of the order will take place on the terms set out in the draft provisions of the contract, which are an integral part of the SWZ. The draft provisions of the agreement provide for and define the conditions for a possible change in the content of the contract.
--The Contractor should submit statements, the content of which can be found in the form description of the subject of the contract.
--The Contractor should provide a 36-month warranty (including service support) and warranty for defects in the subject of the contract on the terms specified in the SWZ, including the draft provisions of the contract and the description of the subject of the contract in the form. The period of warranty (including service support) and warranty for defects is counted from the date of signing the delivery protocol and implementation, respectively, of the subject covered by the guaranteed order or the item covered by the right of option (exercise of the right of option – depending on the decision of the Ordering Party).
--Pursuant to Article 462(1) of the PPL Act, the Contractor may entrust the performance of part of the contract to a subcontractor.
--Deadline for the execution of the contract:
a) the subject covered by the guaranteed contract should be completed by the Contractor within 45 days from the date of conclusion of the contract, subject to the provisions of §7 of the proposed provisions of the contract.
b) the subject covered by the option right should be completed by the Contractor within 30 days from the date of informing the Contractor about the exercise of the option right, subject to the provisions of §7 of the draft provisions of the contract.
The Ordering Party shall provide the Contractor with one-time information about the use or non-use
from the right of option within 100 days from the date of conclusion of the contract. The information shall be provided to the Contractor in writing. This information should be provided to the Contractor in such a way that the Contractor's 30-day deadline for exercising the option right expires no later than on 20.01.2023. If this deadline - in relation to 20.01.2023 - is shorter than 30 days from the date of informing the Contractor about the exercise of the option right, the Contractor is obliged to immediately notify the Ordering Party, whether it will execute the order covered by the option right within a period shorter than 30 days, and thus not exceeding the date of 20.01.2023, or whether it will not be possible - in such a situation, the Contractor is not obliged to exercise the option right.
c) Software licenses provided under the subject of the contract (computer software licenses) are granted for an indefinite period.
---Place of execution: Katowice, Kossutha 13.