Current report 19/2013 dated 17.04.2013
Conclusion of a significant contract
Legal basis: Article 56 section 1 item 2 of the Act on public offering — current and periodic information
The Management Board of ATM S.A. (later referred to as “Issuer”) would like to report that on April 17, 2013 the consortium of Atende S.A. and ATM S.A. (later referred to as “Consortium”) signed a contract for delivery of servers, drive arrays and tape libraries (later referred to as “Contract”) with Weapons Inspectorate (Inspektorat Uzbrojenia) (later referred to as “Purchaser”). Atende S.A. is the Consortium leader. The contract value equals PLN 48.1 million.
In the presented contract the Issuer is among the contractors in consortium with the Atende S.A. company, which was part of the ATM capital group (under the company of ATM Systemy Informatyczne) in the past, and at present is a company unrelated to ATM. ATM participation in the consortium results from historical capital relations, as well as the need to comply with the formal requirements specified by the Purchaser, and to do the latter Atende needed ATM as a consortium member. The arrangements regarding that matter were made already in June 2012.
The Contract has no influence on ATM’s financial results. Atende will acquire the whole contract revenue as well as incur all expenses. In the consortium agreement Atende removes from ATM all risks that may occur for ATM as the consotrium member, and it assumes obligation to any possible claims on the part of the Purchaser.
It is not envisaged that in the future ATM will appear in a consortium of that nature with Atende.
The subject of the Contract is visualization platforms delivery to two data processing centers locations of the national defence department together with the services of installation, implementation, support and training. The implementation deadline was set for October 31, 2013. The contractor will provide warranty technical service for 36 months.
The Contract specifies contractual penalties for the Purchaser’s withdrawal from the contract due to circumstances the contractor is accountable for, in the amount of 10% of the contract gross value, as well as for failure to fulfil in due time the warranty obligations arising from the Contract, in the amount of PLN 2,000 gross for each commenced day of delay. The provisions concerning contractual penalties do not exclude the right of the Purchaser to seek damages on the general principles of the Civil Code.
The Purchaser shall be entitled to the price discount in the amount of 0.1% value of delivery (or service) non-performed in a timely manner for each commenced day of delay, however no more than 10% value of that delivery (or service).
The proceedings were carried out by unlimited tender, in accordance with the provisions of the Act of 29 January 2004 — Public Procurement Law.
The Contract was considered significant because its value exceeds 10% of the equity of the Issuer.
Maciej Krzyżanowski — President of the Management Board,
Tadeusz Czichon — Vice-President of the Management Board