SERVICE STC

SPECIAL TERMS AND CONDITIONS FOR

Selection of Laboratories for Testing of Products/Material

1. Preamble

• All selection of laboratories for testing of various products and service-related contracts placed through GeM shall be governed by the following set of Terms and Conditions:

1. General terms and conditions for Goods and Services. (“GTC”
2. Service Special Terms and Conditions contained in this document (“STC”)
3. BID / Reverse Auction specific Additional Terms and Conditions as specified by the Buyer (“ATC”)

• The above terms and conditions are in reverse order of precedence i.e. ATC shall supersede Service specific STC which shall supersede GTC, whenever there are any conflicting provisions. 
• This document represents the Special Terms and Conditions (“STC”) and the Service Level Agreement (SLA) governing the contract between the Buyer and the Service provider. The purpose of this document is to outline the scope of work, stakeholders’ obligations and terms and conditions of all services covered as mutually understood by the stakeholders.

2. Objectives and Goal

The objective of this document is to ensure that all the special terms and conditions i.e. STC are in place to ensure consistent delivery of services to the Buyer by the Service provider. The goal of this document is to:

• Provide clear reference to service ownership, accountability, roles and responsibilities of both parties
• Present a clear, concise and measurable description of services offered to the Buyer
• Establish terms and conditions for all the involved stakeholders, it also includes the actions to be taken in case of failure to comply with conditions specified
• To ensure that both the parties understand the consequences in case of termination of services due to any of the stated reasons

This document will act as a reference document that both the parties have understood the above-mentioned terms and conditions and have agreed to comply by the same.

3. Stakeholders

The main stakeholders associated are:

1. Buyer: The Buyer is responsible to provide clear instructions, approvals and timely payments for the services availed as per the contractual terms
2. Service provider: The Service provider is responsible to provide all the required services in timely manner. The Service provider may also include seller, supplier/bidder/contractor, any authorized agents, permitted assignees, successors, and nominees as per the context and as described in the document

The responsibilities and obligations of the stakeholders have been outlined in this document. The document also encompasses payment terms and deduction in case of non-adherence to the defined terms and conditions.

4. Service Scope

This service maybe availed to carry out testing of various material/product as specified by the Buyer. The specific details of the material/product to be tested need to be specified by the Buyer to the Service Provider in the Bid Document.

5. Terms and Conditions
   • Buyer’s Obligations

• Any equipment data/drawings to be tested, if applicable, to be provided by the buyer.
• Buyer to provide sufficient details and specify technical specifications of the product/material to be tested.
• Any specific requirements for material/products for the purpose of completion of all the tests as specified by the buyer will be made available by the buyer.
• Price Variation Clause:
  "It is advisable to include Price Variation Clause in the long term contracts to take care of the increase/decrease in prices of various ingredients which majorly affect the overall price of the service. Buyers are therefore advised to include the Price Variation Clause (PVC) in the bid document through ATC for long term contracts. The additional payment, if any, on account of PVC can be done offline till such time online functionality is developed on GeM."
  • Service provider’s Obligations 
• If any special equipment is provided by Buyer organization for performance of any job, the Service provider shall be responsible for accounting of the same and returning the same           before leaving the Buyer’s site.
• The service provider should have adequate spare space storage to store the tested samples up to the disposal time as required by the buyer or as per NABL guidelines.

6.Standard Terms and Condition

• The service provider shall follow all applicable guidelines by National Accreditation Body  
• All the instruments for testing should be properly calibrated. The proof of calibration with traceability shall be available with the Service provider undertaking the job.
• Service provider shall stand responsible for any sort of delay caused by them in executing  hours and no payment will be made on account of this. 
• Results obtained from tests shall be clearly identified on the test reports with the details of  
• The Service Provider shall at all times ensure that the services being provided under this
• The Service Provider shall be fully responsible for the acts of their representatives / consultants/ team members and shall fully indemnify the Buyer for any kind of losses or   damages caused by its team members/ consultants. The Buyer shall not be responsible         for any claim from any consultant / team member employed by the Service Provider. The   Service Provider shall wholly and fully be responsible for any such claims.

      Payment Schedule

• The Payment Procedure shall be in as specified in the General Terms and Conditions of
• Payment schedule to be as per payment terms specified in bid document.
• Payment to be inclusive of travelling charges for site calibration/testing and boarding and            lodging expenses unless specified otherwise by Buyer in ATC section.

Payment calculation would be as below:

Payment = Price per unit as per selected UOM*Number of unit of product/material (as per selected UOM) during contract period

7. Deductions  and Termination

Buyer may add the following additional terms and conditions to the bid as per context and requirements while creating the bid. Please note that these are not mandatory clauses and shall only be applicable if the Buyer notifies the same to the Service provider