1. The subject of the contract is the purchase of gaseous fuel by the Ordering Party with a total estimated volume of 28 979 600 kWh (+ 15%) during the delivery period, i.e. from 01.01.2023 to 31.12.2023, of which 23 009 600 kWh will be settled on the basis of prices resulting from the Act of 26 January 2022 on special solutions for the protection of gas fuel customers in connection with the situation on the gas market (Journal of Laws of 2022, item 202 from late. as amended) if the offer price submitted by the Contractor is higher than the prices resulting from the above-mentioned Act.
2. The Contractor shall perform all actions and arrangements with the DSO necessary to carry out the procedure of changing the seller and effectively start the sale of gaseous fuel, including in particular: notification to the DSO of new comprehensive contracts for the sale of gaseous fuel. The Contractor will perform these activities on the basis of appropriate powers of attorney granted by the Ordering Parties together with the conclusion of comprehensive contracts for the sale of gaseous fuel.
1. The subject of the contract is the purchase of gaseous fuel by the Ordering Party with a total estimated volume of 28 979 600 kWh (+ 15%) during the delivery period, i.e. from 01.01.2023 to 31.12.2023, of which 23 009 600 kWh will be settled on the basis of prices resulting from the Act of 26 January 2022 on special solutions for the protection of gas fuel customers in connection with the situation on the gas market (Journal of Laws of 2022, item 202 from late. as amended) if the offer price submitted by the Contractor is higher than the prices resulting from the above-mentioned Act.
2. The Contractor shall perform all actions and arrangements with the DSO necessary to carry out the procedure of changing the seller and effectively start the sale of gaseous fuel, including in particular: notification to the DSO of new comprehensive contracts for the sale of gaseous fuel. The Contractor will perform these activities on the basis of appropriate powers of attorney granted by the Ordering Parties together with the conclusion of comprehensive contracts for the sale of gaseous fuel.
3. The indicated tolerance regarding the volume being the subject of the contract should be understood as the right of option within the meaning of the provisions of Article 441 of the PPL Act. The Ordering Party reserves the right to unilaterally extend the order within the right of option in the amount of not more than 15% of the volume of gaseous fuel specified in point 1. The exercise of the right resulting from the option will take place automatically through the consumption of gas fuel by individual gas consumption points and their subsequent settlement by the Contractor. The consideration for deliveries made under the option right will be determined on the basis of the price resulting from the offer.
The maximum value of the option shall not exceed the equivalent resulting from the conversion of the offer price and 15% of the volume of gaseous fuel referred to in paragraph 1.
The exercise of the right of option depends on the needs of the Ordering Party(s). The right of option is the right of the Ordering Party, which may or may not be exercised as part of the performance of the contract.
If the Ordering Party does not exercise the right of option in whole or in part, the Contractor shall not be entitled to any claims in this respect.
The Ordering Party is entitled to exercise the right of option during the term of the contract, after the Contractor has previously delivered the amount of gaseous fuel specified in a given comprehensive contract.
Deliveries made under the option right must be of the same quality as those offered in the basic contract and at the unit prices proposed by the Contractor in its tender.
4. The delivery of gaseous fuel will take place on the basis of contracts concluded separately by individual Ordering Parties and by local government organizational units, which will be separate payers, and which are described in detail in Appendix No. 2 to SWZ.
5. The delivery of gaseous fuel will take place under the conditions specified in the Energy Law of 10 April 1997 (Journal of Laws of 2022, item 1385, as amended) and on the basis of the implementing provisions to this Act, in particular the Regulation of the Minister of Economy of 2 July 2010 on the detailed conditions for the operation of the gas system (i.e. Journal of Laws of 2018, item 1158, as amended) the Regulation of the Minister of Energy of 15 March 2018 on the functioning of the gas system detailed rules for the formation and calculation of tariffs and settlements in the trade in gaseous fuels (Journal of Laws of 2021, item 280), in accordance with the Act of 26 January 2022 on special solutions for the protection of gaseous fuel customers in connection with the situation on the gas market (Journal of Laws of 2022, item 202, as amended), in accordance with the Act of 11 March 2004. on the tax on goods and services (Journal of Laws of 2022, item 931, as amended), in accordance with the tariff for gaseous fuel DSO, the rules set out in the concessions, in accordance with the provisions of the terms of the contract as well as in accordance with the Contractor's offer and in accordance with the provisions of the Civil Code.
Other details in the SWZ and annexes