SPECIAL TERMS AND CONDITIONS for

Refilling of Industrial Gases in Cylinders

 The 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 specific terms and conditions (“STC”) contained in this document.
3. BID / Reverse Auction specific Additional Terms and Conditions (“ATC”) as specified by the Buyer

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 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.

1. Objectives and Goal

The objective of this document is to ensure that all the special terms and conditions 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.

2. 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 to the satisfaction of Buyer. 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.

3. Service Scope

The scope of Services include:

1. To refill the empty cylinders with Industrial Gases, transportation of filled cylinders to buyer’s premises and take empty cylinders from the buyer’s premises for re-filling or vice versa as per the contract conditions.
2. To repair the damaged cylinders, cylinder valves, cylinder valve spindles, to do the hydro test of cylinders, painting/labelling of cylinders, as per defined by the buyer in the contract conditions.

4. Terms and Conditions

• Special Terms and Conditions

1. Both Buyer & Service Provider shall be responsible to ensure that all the applicable rules for usage, filling, storage of Gas Cylinders shall be complied with, such as Gas Cylinder Rules, 2016 or any further amendment thereafter.

5. Payment Schedule

1. The Payment procedure shall be in as specified in the General Terms and Conditions (GTC) of GeM.
2. Payment schedule to be as per payment terms specified in bid document.

6. Formula used:

The calculation formula for this service shall be as below:

Total Contract Value = Cost of refilling gas per Unit x Quantity (in the UOM selected by buyer)

Cost of refilling per Unit is the cost of refilling of cylinders as quoted by service provider per UOM; and

Quantity is the number of units of gas (in terms of selected UOM) to be refilled during contract period as defined by buyer.

7. SLA & Deductions

Any SLA or Deductions due to any deviation such as non-delivery, delay in delivery or any other reason shall be as per defined by buyer in bid document.