35.

Contract to perform a specified task

Contract to perform a specified task

Concluded o n .........................................(date) in ................................. (place) between:

the company................................................................... (business name of the company),
with its registered office in ............................ address:.................................... incorporated
at the District Court in ............................ (p la ce )............................... Division with number
RHB................... share capital o f ................................. PLN, members of the Management
Board:........................................... , NIP (tax identification number) num ber:....................
hereinafter referred to as the Principal, represented b y ............................................. (fore­
name and surname of person representing the company and his position/function),
and
........................................................................................................ (forename and surname),
domiciled in ................................................................... (address), proving his identity with
Identity document N o .:..........................issued b y ................................... (name of issuing
body for the identity document), hereinafter referred to as the Commissioned Party.

§ 1.
The Principal entrusts the Commissioned Party with performing, and the Commis­
sioned Party undertakes to perform :.......................................................................................
hereinafter referred to in this Contract as the Work.

§ 2.

1. The Commissioned Party states that he conducts economic activity and is entitled to
issue VAT invoices.
2. The Commissioned Party undertakes to commence performing the Work o n ...............
......................................... (date) and transfer the Work to the Principal no later than
o n ...................................(date).

§ 3.

The transfer of the Work shall take place on the basis of a hand-over protocol, a tem­
plate of which Is contained in Appendix No. 1 to this Contract. The Work shall be consid­
ered as handed-over after it has been delivered to the Principal and the hand-over pro­
tocol has been signed by the Principal and Commissioned Party.
3 5 Contract to perform a specified task

§ 4 .

The transfer of the Work to the Principal shall take place at the Principal’s registered
office on the date of signing the hand-over protocol. The costs of delivering the Work to
the Principal's registered office shall be borne by the Commissioned Party.

§5.
1. The Commissioned Party undertakes to notify the Principal in writing of his readiness
to transfer the Work.
2. The Principal is obliged to collect the Work performed in accordance with this Con­
tract and free of defects w ith in ..............days of the date on which he received written
notification from the Commissioned Party informing him of his readiness to transfer
the Work. In the event of the Principal failing to collect the Work on the above date
then the risk of accidental destruction or damage to the Work passes to him, and he
shall also be obliged to cover the justified costs incurred by the Commissioned Party
that arose in connection with the need to store the Work.

§6.
1. The Commissioned Party can entrust the partial performance of the Work to a sub­
contractor or sub-contractors. In this situation he is responsible for the activity or
inactivity of such sub-contractor or sub-contractors as if they were his own activity or
inactivity.
2. The written consent of the Principal must be obtained in order for the Commissioned
Party to entrust the performance of all the Work to another sub-contractor or sub­
contractors. The Principal undertakes to grant such consent unless there exist in his
opinion justified doubts as to whether entrusting the performance of the Work to a
sub-contractor or sub-contractors guarantees its correct performance by the deadline.
Obtaining the Principal’s consent does not release the Commissioned Party from the
liability defined in § 6, point 1 of this Contract.

§7.
The Work shall be performed from the Commissioned Party’s own materials, samples
of which have been presented to the Principal prior to signing this Contract. The costs of
these materials shall be incurred by the Commissioned Party. The signing of this Contact
constitutes acceptance of the materials that shall be used for the purposes of performing
the Work.

§ 8.
1. For the performance of the Work the Commissioned Party shall be entitled to remu­
neration o f ................ PLI\I (in w o rds:.....................................................zloty) plus VAT.
2. The remuneration shall be paid by the Principal w ith in ........................days of the date
on which the hand-over of the Work took place to the Commissioned Party’s account
number:.......................managed b y ......................................................... (name, branch
and registered office of the bank).
3. The payment of remuneration shall take place on the basis of an invoice issued by the
Commissioned Party.

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3 5 Contract to perform a specified task

§9.
1. The Principal undertakes to furnish the Commissioned Party with all the information
that is necessary to perform the Work.
2. If the Principal refuses to grant information without which the performance of the
Work is not possible then the Commissioned Party shall be able to withdraw from this
Contract b y ..........................(date), however on condition that he grants the Principal
an additional..........................day deadline to furnish this information and state that
after its ineffective expiry he shall be entitled to withdraw from the Contract.

§ 10 .
1. In the event of a delay in performing the Work the Principal shall be entitled to a
contractual penalty o f .................. % of the remuneration defined in § 8, point 1 of this
Contract for each day of delay.
2. In the event of a delay exceeding.................... days the Principal can set an additional
deadline for the performance of the Work, and after its expiry he shall be able to
withdraw from this Contract whilst retaining the right to the contractual penalty speci­
fied in § 10, point 1 above.
3. The Principal is entitled to seek compensation according to general principles if the
damage caused to him exceeds the amount of the contractual penalty.

§ 11 .
1. The Commissioned Party undertakes to deliver the Work performed in accordance
with this Contract and free of defects.
2. The Commissioned Party is obliged to immediately inform the Principal of all circum­
stances that might have an affect on him meeting the deadline for the performance of
the Work defined in this Contract.
3. If the Work supplied by the Commissioned Party has defects then the Principal shall
be entitled to set the Commissioned Party a ................. day deadline for their rectifi­
cation. After the ineffective expiry of this deadline the Principal shall, at his discretion,
be able to do the following:
a) refuse to accept the Work, if there are any significant defects and withdraw from
the Contract w ith in ...............days, or
b) collect the Work without the defects rectified and demand a reduction in the remu­
neration.
§ 12 .
The Parties agree that all communications connected with this Contract shall be made
to the following addresses:
For the Principal:................................................................................................(full address
of the Principal),
For the Commissioned Party:............................................................................(fu ll address
of the Commissioned Party).
§ 13 .
All amendments and supplements to this Contract must be made in writing or else
shall be null and void.

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35 Contract to perform a specified task

§ 14 .
The provisions of the Civil Code and other laws shall be applicable in issues not gov­
erned by this Contract.

§ 15 .
All disputes arising out of this Contract shall be resolved by the court a t ........................
...................................(name and seat of court).

§ 16 .
This Contract has been drawn up in two counterparts in a Polish language version and
two counterparts in an English language version, with one copy from each language
version for each Party. In the event of any discrepancies between the Polish and English
language versions then the binding version shall be the Polish version.

On behalf of the Principal .............................................................

The Commissioned Party

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