Special Terms And Conditions

for Stitching and Tailoring Service

1. Preamble
A. All Professional Painting service-related contracts placed through GeM shall be governed by the following set of Terms and Conditions:

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

B. The above terms and conditions are in reverse order of precedence i.e. ATC shall supersedes Service specific STC which shall supersede GTC, whenever there are any conflicting provisions. 

C. 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.

OBJECTIVES AND GOALS
The objective of this agreement is to ensure that all the commitments and obligations are in place to ensure consistent delivery of services to buyer by service provider. The goals of this agreement are to:
1. Provide clear reference to service ownership, accountability, roles, and responsibilities of both parties
2. Present a clear, concise, and measurable description of services offered to the buyer
3. 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
4. To ensure that both the parties understand the consequences in case of termination of services due to any of the stated reasons.
The agreement 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. The agreement can also be revised/ modified in written form on mutual consent of the stakeholders.

PARTIES TO THE AGREEMENT
The main stakeholders associated with this agreement are below-
1. Buyer: Buyer is responsible to provide clear instructions, approvals, and timely payments for the services availed.
2. Service Provider: Service provider is responsible to provide all the required services in timely manner. Service provider may also include seller, any authorized agents, permitted assignees, successors, and nominees as described in the agreement
The responsibilities and obligations of the stakeholders have been outlined in this document. The document also encompasses service level/ deductions  in case of non-adherence to the defined terms and conditions. It is assumed that all stakeholders have read and understood the same before signing the document.

SCOPE OF SERVICES
This service requires the Service Provider to stitch, and provide stitched garments/product for buyers at the Service Provider premises/Buyer’s premises or any other local designated premises as per the requirement of the buyer. The service includes provision of pre-production orientation by Buyer, product/garment sample sharing, sampling. 
The buyer of this service can avail the sewing services on and when required, state and district basis, wherein buyers must specify the number of garments/products to be stitched with specifications, timelines, dispatch venue. 

Service Provider Obligation
1. The Service Provider will prepare the sample for Buyer approval.
2. The Service Provider will ensure clean and healthy work environment.
3. The Service Provider will stitch garments/product as per specification agreed upon.
4. Production time will be incorporated while finalizing the timelines. Once agreed, timelines will be adhered. 
5. Garment/Product will be delivered at pre-agreed location as per timelines. 
6. Post-dispatch, details will be shared same day with Buyer. 
7. The Service Provider shall at all times ensure that the services being provided under this Contract/ Agreement are performed strictly in accordance with all the applicable laws.The Service Provider shall be fully responsible for the acts of their employees / representatives /consultants/ team members and shall fully indemnify the Buyer for any kind of losses or damages caused by its employees /team members/ consultants. 
8. The Buyer shall not be responsible for any claim from any employee/ consultant / team member employed by the Service Provider. The Service Provider shall wholly and fully be responsible for any such claims.

Buyer’s Obligation
1. The Buyer will conduct one day pre-production orientation for Service Provider, if required. 
2. Exact specifications of Quality standard and parameter to be shared with Service Provider.
3. The Buyer will share garment/product sample with Service Provider.
4. The Buyer will approve the stitched sample and suggest changes required if any. Final production approval will be provided after sample approval.
5. The buyer will share the size chart and other specifications as agreed upon.
6. Timelines as mutually decided will be strictly adhered by both the parties.
7. Buyer to provide acknowledgment to the  Service Provider on receiving of garments/products.

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."

Sample Testing
1. Sample will be made by Service Provider for Buyer approval.
2. Changes will be incorporated by Service Provider as suggested by Buyer.
3. Post sample approval, production will be initiated by Service Provider.

Quality Specification
1. Quality standard will be followed by Service Provider as specified by the buyer.
2. Buyer to specify the sampling procedure for accepting/rejection of final order.

Branding and Packaging specification
1. The buyer will share the logo/branding and packaging specification if any, garment/product wise.
2. The Service Provider will strictly follow the specifications.

Rejection policy
1. The Service Provider will ensure all specifications are followed for sampling and production to avoid rejection at any stage.
2. Proper reason for rejection if any should be provided by the Buyer. Buyer should give second chance to the Service Provider to comply with the standard and specification.

Record Keeping
1. The Service Provider will ensure proper documentation and record keeping process.
2. The Service Provider/Buyer will share information with each other as when and wherever required.

Payment Terms
1. Sample product cost will be included as 1 unit while settling the bill if sample is accepted as per buyer requirement.
2. Buyer will settle the bill within 10 days of receipt of product by the buyer as per their requirement.

Deductions :

TERMINATION OF CONTRACT
The Agreement shall be come to an end either on completion of the Contract Period or shall be terminated for the following reasons:
i. Mutual consent: The contract may be terminated based on mutual consent in case the services are no longer required.   The Buyer shall not be liable for any extra payments other than payment of invoices raised till the time of termination including notice period.
ii. Breach of contractual obligations: Any incidents considered as the breach of contract will result in immediate termination of services. The Buyer shall have the right to terminate the Contract effective immediately by giving written notice to the Service Provider if, the Service Provider breaches a material provision of this Contract where that breach is not capable of remedy; or if the Service Provider breaches any provision of this Contract and fails to remedy the breach within 14 days after receiving notice requiring it to do so.
iii. Breach of SLAs: The contract may also be terminated, at the discretion of the Buyer, if
i)the cumulative penalties rise to 10% of the contract value 
ii) repeated breach of any SLA beyond 3 instances 
However, termination of this Contract shall not affect any accrued rights or remedies of either party.