Delivery of a wind turbine simulator for the Koszalin University of Technology.

1. The subject matter of the contract is the delivery of a wind turbine simulator for the Koszalin University of Technology within the scope specified in the Terms of Reference (ToR) and the Price Form constituting Appendix 2 to the ToR. 2. A detailed description of the subject matter of the contract and technical requirements is contained in Appendix 2 to the ToR. 3. The Ordering Party requires the Contractor to provide information in the price form allowing the Ordering Party to identify the subject matter of the contract: manufacturer, type/model of the equipment. If the data allowing the Ordering Party to identify the subject matter of the contract is not provided, the contract shall be rejected pursuant to Article 226 section 1 item 5 of the PPL Act. 4. The Ordering Party shall not divide the contract into parts, as the subject matter of the contract constitutes a single complete set. Dividing the contract into tasks would entail excessive technical difficulties and costs of contract performance, as well as the need to coordinate the activities of various Contractors performing individual parts of the contract. The subject matter of the contract is suitable for performance by small and medium-sized entities. 5. The Contractor shall deliver, install and commission a new factory equipment, which is the subject of this procedure, at its own expense, to the place indicated by the Ordering Party, and provide training in its operation. 6. Detailed provisions concerning the performance of the subject matter of the contract are contained in the draft agreement constituting Appendix 11 to the ToR. 7. The Ordering Party shall apply the what is known as reverse procedure referred to in Article 139 section 1 of the PPL Act, i.e. the Ordering Party shall first test and evaluate the tenders, and then qualify the Contractor whose tender has been evaluated highest in terms of the absence of grounds for exclusion and fulfilment of the conditions for participation in the procedure. 8. The procedure shall be conducted in Polish and English. All statements and notifications shall be made in Polish and English. The Ordering Party shall conduct the procedure in two languages in accordance with Article 20 section 4 of the PPL Act, due to the possibility of expanding the circle of contractors and due to the specialised subject matter of the contract. In the event of any discrepancies between the two language versions, the Polish language version shall prevail. The agreement shall be governed by Polish law. If the agreement is concluded by an entity registered in Poland, it shall be signed only in Polish, and if the agreement is concluded by a foreign entity, it shall be signed in Polish and English.