Poland – Vegetables, fruits and nuts – Dostawy warzyw i owoców na potrzeby Centrum Obsługi Administracji Rządowej

**1. Subject of the contract: successive deliveries of vegetables and fruits for the needs of the Government Administration Services Centre. 2. A detailed description of the subject of the contract is defined in Annex 3 to the SWZ - Assay-Cost Form (Form 1A and 1B) and in Annex 1 to the SWZ - Draft Contract Terms. 3. The Buyer reserves the right to withdraw from the delivery or part of the delivery in each assortment position. The scope of the contract may be reduced to 30% (i.e. implemented in 70%) of the total value of the contract. The Contractor does not have the right to claims on this basis. 4. The quantities of items specified in Annex 3 to the SWZ - Assay-Cost Form (Form 1A and 1B) are estimated quantities that the Buyer intends to implement during the contract period and do not constitute an obligation of the Buyer to purchase items in the number indicated in the Form, which is an integral part of the Offer Form. 5. The quality of the products offered by the Contractor must be the highest and meet the requirements of the Buyer. The Buyer in Annex 3 to the SWZ (Form 1A and 1B) referred to the trade names of some products referring to their high quality and freshness, thereby expecting the offer of products with comparable. The Buyer also allows the possibility of offering equivalent products, taking into account the above indications. 6. Whenever in the content of the SWZ, including the description of the subject of the contract, contained in Annex 3 to the SWZ - Assay-Cost Form (Form 1A and 1B), trademarks, patents or origin, as well as standards are used, the Buyer allows the submission of offers containing equivalent products. 7. By equivalent products, the Buyer means those that have technical, qualitative or functional and user characteristics such as those contained in the description of the subject of the contract, but marked with a different trademark, patent or origin. 8. An equivalent product should have nutritional values and composition corresponding to or better than the nutritional values and composition of the indicated products, contained in Annex 3 to the SWZ - Assay-Cost Form (Form 1A and 1B). 9. All products offered by the Contractor must meet the requirements of the legal provisions in force in Poland and the European Union, in particular: 1) The Act on Food and Nutrition Safety of 25 August 2006, (i.e. Journal of Laws of 2023, item 1448); 2) The Act on the commercial quality of agricultural and food products of 21 December 2000 (i.e. Journal of Laws of 2022, item 1688). 10. Place of delivery: 1) Al. Szucha 14, 00-582 Warsaw; from 7:00 – 8:00, after prior agreement on the delivery date, time, vehicle brand, registration number and the name of the driver, delegated by the Contractor to perform the task, 2) ul. Belwederska 46/50, 00-594 Warsaw; from 7:00 – 8:00. 11. The Buyer envisages the granting of orders as referred to in Article 441 of the Pzp. Right of option: 1) The Buyer envisages the possibility of exercising the right of option. The optional subject of the contract covers an increase in the scope of the basic contract by 30% of its value and assortment, which means an increase in the maximum contractual remuneration by 30% in order to implement the increased scope of deliveries of fruits and vegetables described in Annex 3 to the SWZ (Form 1A and 1B). 2) The Buyer reserves that the net unit price of the subject of the contract covered by the right of option may not be higher than the net unit price within the framework of the basic order. 3) In the event that the Buyer exercises the right of option, the Contractor shall be entitled to remuneration for the performance of the order covered by the right of option, calculated on the basis of the unit price and quantity indicated in the right of option. 4) The Buyer may exercise the right of option in the event of the exhaustion of at least 80% of the value of the contract and no later than 3 months before the expiry of the contract. 5) The implementation of the optional order will be carried out on the same terms as in the basic order. 6) In order to exercise the right of option, the Buyer will send the Contractor a declaration in the form of an email message no later than 3 months before the expiry of the contract. 7) The Contractor does not have any claim against the Buyer in the event that the Buyer does not exercise the right of option. The implementation of the order covered by the option is exclusively the right of the Buyer. 12. The Buyer may invalidate the procedure for granting the order if the funds that the Buyer intended to allocate for the financing of the whole or part of the order have not been granted to him, and the possibility of invalidating the procedure on this basis has been provided for in the order notice.