The subject of the contract is to provide the Ordering Party, within the scope of its business, with a set consisting of 20 (in words: twenty) brand new, mobile column lifts with a lifting capacity of min. 17.5 t each, intended for lifting rail vehicles, for use (hereinafter referred to as the "Subject of Lease"), performance of the obligations indicated in § 3 section 1 of the Model Agreement (Annex 4 to the SWZ) and the Detailed Description of the Subject of the Order (Annex 9 to the SWZ).
The Contractor is obliged to provide Lifts all of the same type, original, brand new, free from defects, meeting the relevant quality requirements and the requirements of European standards or Polish Standards transposing European standards, as well as not encumbered with the rights of third parties. The Contractor undertakes to perform the Subject of the Agreement and other obligations arising from the Agreement, including activities constituting the Commissioning of Lifts, Training and Warranty Service in accordance with the principles of technical knowledge, due diligence, applicable instructions and industry regulations, professional ethics and applicable regulations. In all records of the contract notice, SWZ and its annexes, in which the Contracting Authority describes the subject of the contract by reference to standards, technical assessments, technical specifications and technical reference systems, it should be considered that the Contracting Authority allows solutions equivalent to the described requirements, and such reference is accompanied by the words "or equivalent". If the contractor offers products that do not comply with the standards, technical assessments, technical specifications and technical reference systems to which the description of the subject of the contract refers, the contractor is obliged to prove in the tender, in particular by means of the evidence referred to in Articles 104-107 of the Public Procurement Law, that the proposed subject of the contract meets the requirements set out in the description of the subject of the contract to an equivalent degree (hereinafter referred to as "Objective means of proof"). These means of proof shall not be supplemented. The bid of a contractor who offers products that do not comply with the standards, technical assessments, technical specifications and technical reference systems to which the description of the subject of the contract refers, and does not provide the Said evidence together with the offer, will be rejected. If the contractor does not submit in the tender information that it offers products that do not comply with the standards, technical assessments, technical specifications and technical reference systems to which the description of the subject of the contract refers, the Contracting Authority shall consider that the contractor has offered products that comply with the standards, technical assessments, technical specifications and technical reference systems to which the description of the subject of the contract refers. The Contracting Authority shall enable the contractor, at its request, to familiarize itself with the place of performance of the subject of the contract and to verify the place of planned works and the surroundings, in particular in order to properly prepare and evaluate the offer (hereinafter referred to as "Local vision"). The on-site inspection is carried out by the contractor on its own responsibility, cost and risk. The willingness to carry out a site inspection should be notified to the Ordering Party in advance min. 3 working days before the planned date of its completion, in accordance with the method of communication with the Ordering Party specified in Chapter 13 paragraph 3 of the SWZ. Working day should be understood as days from Monday to Friday, excluding public holidays. The Contracting Authority does not condition the possibility of submitting an offer by the contractor for a site inspection. The on-site visit is only optional for contractors.