1. The subject of the contract are successive supplies of internally cooled electrodes for thermoablation and thermosensing with radiofrequency current together with the lease of the apparatus for a period of 42 months (hereinafter referred to as the goods), of the type and in the quantities specified in the price form constituting Annex 2 to the FTZ and in accordance with the draft provisions of the contract constituting Annex 4 to this FTZ together with the lease of the apparatus (hereinafter referred to as the equipment or the subject of the lease), described in detail in the Compilation of Required Functions and Technical Parameters, constituting Annex 7 to the FTZ and in accordance with the draft provisions of the contract constituting Annex 4 to this FTZ. - 2. In the absence of demand for the assortment covered by the subject of the contract, the Ordering Party reserves the right not to order part of the assortment specified in Annex 1 to the contract, subject to paragraph. 3.The Contractor shall not be entitled to any claims for damages or claims based on any other legal basis, to which the Contractor agrees. 3. The Contracting Authority guarantees that the minimum value of contracts awarded to the Contractor for the entire duration of the contract will be 70% of the maximum value of the Contractor's remuneration specified in the price form constituting Annex 1 to the contract. 4. The Contractor declares that he has the appropriate conditions, means, knowledge and experience necessary for the proper performance of the subject-matter of the contract. 5. The Contracting Authority and the Contractor are obliged to cooperate in the performance of the contract in order to ensure its proper performance. 6. The contracting authority specified, in Annex 2 to the FTZ, quality requirements relating at least to the main elements making up the subject-matter of the contract. 7. The Contractor must offer and price all the assortment items listed in the price form. 8. Where reference is made in the description of the subject-matter of the contract to standards, technical assessments, technical specifications and reference systems referred to in Article 101(1)(b) and (c) and (c) of Regulation (EC) No 207/2009, reference shall be made to those standards, technical assessments, technical specifications and reference systems. 1 point 2 and the mouth. 3 of the Public Procurement Act, the Ordering Party pursuant to Article 101 sec. 4 of the Public Procurement Act allows the use of solutions equivalent to those described. Whenever a standard, technical assessment, technical specification or technical reference system is indicated in this FTZ, it shall be presumed that the terms ‘or equivalent’ are used for them.’ 9. If the Contracting Authority indicates in the description of the subject-matter of the contract the trademark, patent or origin, source or specific process that characterises the products, it should be assumed that the indicated trademarks, patents, origin, etc. define the minimum parameters indicated in Annex 2 to the FTZ, which are the criteria used to assess equivalence. Whenever a trade mark, patent or origin, source or specific process which characterises the products is indicated in this EPC, it must be assumed that the terms "or equivalent" are used in relation to them (legal basis Art. 5 and 6 of the Public Procurement Act). 10. If, when submitting a tender, the Contractor refers to an equivalent solution, he is obliged to indicate in the content of the price form: The trade name of the equivalent product offered, the name of the manufacturer and the description of the product, in order to demonstrate that they meet the requirements of the Ordering Party. 11. The Contracting Authority informs that in the procedure in question, conducted under the open tender procedure, it provides for the possibility of using the procedure referred to in Article 139 sec. 1 of the Public Procurement Act, using the above procedure, the Contracting Authority will first examine and evaluate the tenders, and then make a qualitative selection of the Contractor whose tender was the highest rated in terms of the lack of grounds for exclusion and compliance with the conditions for participation in the procedure.
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