1.1. The subject of the contract is the supply in the form of operating leasing of brand new MAXI class city buses (year of production 2026 or newer): 1.1.1. basic contract – 1 (one) piece; 1.1.2. the right of option – up to 2 (two) units under the conditions set out in the FTZ and in the model contract; the option is triggered by a unilateral statement of the Ordering Party within the time limit and on the terms specified in the contract. 1.2. Delivery times: 1.2.1. Bus No 1 – Guaranteed service: delivery by 31.10.2026 at the latest. 1.2.2. Bus No 2 – Right of option (first unit): within 6 months from the date of delivery to the Contractor of the Ordering Party's statement on exercising the right of option. 1.2.3. Bus No 3 – Right of option (2nd unit): delivery in 2027, within 6 months from the date of delivery to the Contractor of the Employer's declaration on exercising the right of option (but not earlier than from 01.04.2027) 1.3. Right of option – triggering mode and notification: 1.3.1. The right of option shall be exercised by means of a unilateral declaration by the Ordering Party submitted to the Contractor in electronic form to the address indicated in the contract (Annex 6 to the FTZ). The declaration shall in particular contain: the number of units to be launched, the indication ‘Bus No 2’ / ‘Bus No 3’, an indication of the planned date of delivery and a reference to the financing conditions resulting from the tender and the model contract. 1.3.2. Deadline for notification: a) for Bus No. 2 (first item under the right of option) – the Ordering Party shall notify the Contractor no later than 6 months before the delivery date indicated in point 4.3.2 for Bus No. 2; b) for Bus No. 3 (second item under the option right) – the Ordering Party shall indicate the proposed delivery date (compared to 2027, not earlier than 01.04.2027) and notify the Contractor no later than 6 months before that date. 1.3.3. Scope of options: The customer can use the option in the range of 0, 1 or 2 pieces. In particular: a) The Ordering Party may run only Bus No. 2, only Bus No. 3, both pieces or not run any piece; b) the exercise of the option consists in the conclusion of a separate operating lease agreement for a given unit, under the conditions set out in the Model Agreement – Annex 6 to the FTZ; as a general rule, the options shall be activated in the following order: first Bus No. 2, then Bus No. 3, unless the Ordering Party decides otherwise in the statement on the activation of the option. 1.3.4. The lack of an obligation to use the option does not give rise to liability for damages on the part of the Ordering Party and does not constitute a breach of contract. 1.3.5. Effect of the notification: Upon delivery to the Contractor of the declaration referred to in point 4.4.1, the Parties shall immediately proceed to conclude a separate contract for the launched art (in accordance with Annex 6), with the delivery date specified in the notification and the financing conditions resulting from the offer and the model contract. 1.3.6. The provisions concerning the place of delivery, receipt, warranty/guarantee, installation of Geotik/ITS equipment and registration documents apply mutatis mutandis to buses delivered under the option. 1.4. The delivery includes the transfer of buses to the Employer's headquarters: ul. Szymony 17A, 34-500 Zakopane (Małopolskie Province), at the Contractor's expense and risk, on the date of receipt agreed by the Parties. The collection takes place in accordance with the procedure and with the documentation specified in the contract. 1.5. General requirements for the subject of the contract: 1.5.1. The buses are to be brand new (year of production 2026 or newer), manufactured in accordance with the provisions on road traffic and approval, having a current type-approval certificate or other documents allowing traffic and registration in the territory of the Republic of Poland, in accordance with the generally applicable provisions. 1.5.2. The design and technical solutions used must be checked; the vehicles must not be prototypes and must come from series production in the manufacturer's/supplier's current offer. 1.5.3. Buses must comply with applicable standards and regulations (including vehicle technical conditions and scope of necessary equipment) – or equivalent if standards/technical specifications or conformity assessments are allowed – in accordance with the principles set out in Article 99(2). 5-6 of the PHP Act. 1.5.4. It is permissible to use parts, assemblies and materials available on the EU market and in the Contractor's service network. 1.5.5. Support structure made of stainless or hard-rusting materials; in the latter case, full full-truck corrosion protection appropriate to the operating conditions (e.g. cataphoresis) according to art and standards, or equivalent. 1.5.6. Vehicles must ensure trouble-free operation in the ambient temperature range from -25°C to +40°C and meet the safety and operational parameters required by law. 1.5.7. If new mandatory technical requirements/standards are announced during the performance of the contract, the Contractor is obliged to apply them before handing over the vehicles to the Contracting Authority as part of the contractual remuneration (pursuant to Article 455 of the Public Procurement Act).
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