SERVICES STC
SPECIAL TERMS AND CONDITIONS FOR PROFESSIONAL PAINTING 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.
II. Service STC contained in this document.

III. BID / Reverse Auction specific ATC.

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.

2. 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. 

3. Stakeholders
The main stakeholders associated with this agreement 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 different type of professional painting services carried out in various industries such as Textile, Chemical, Cement, Steel, Marine, Oil, Civil, Mining, Petroleum, Aviation, Defence, etc.  for painting of various items/objects as required within the respective industry. The details of the type of painting required along with the specifications (if any) will  be specified by the buyer in the bid document. 

5. Terms and Conditions
5.1 Buyer’s Obligations
i. Any equipment data/drawings and necessary work permits to access buyers’ premises are to be provided by buyer in a timely manner. 
ii. The Officer In-Charge nominated by buyer organization shall look after general supervision and direction of the work. 
iii. Since painting service shall be carried out at buyer’s premises, buyer should provide/facilitate safe and secure place for storing the raw material/ equipment(s) of the service provider. 
iv. In the absence of any Standard/ Specification/Code of practice for detailed specifications covering any part of the work covered in this tender/ bid document, the instructions/directions of the Officer In-Charge will be binding on the contractor

v. 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.

5.2 Service Provider’s Obligations
i. Necessary equipment for carrying out painting service shall be under scope of service provider.
ii. Before commencement of the job, the paints that will  be used by the service provider shall be submitted to Officer In-Charge or competent Buyer’s authority for approval. 
iii. Work shall be planned in such a manner that there is no disruption at the buyer’s premises.
iv. 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 site/ buyer’s premises. 

5.3 Standard Terms and Conditions

i. The Service Provider must quote considering the location(s) and other accessories such as thinners, shots required for shot blasting, grits required for grit blasting, chipping and grinding tools, sanding tools, spray guns, brushes, masking tapes, safety equipments, etc necessary for successful completion of the services under the scope of work. 
ii. The Service Provider is advised to see the site conditions and nature of job and acquaint themselves with the site condition before submission of bid. No claim on this account shall be entertained at a later date.
iii. All tools, tackles, machines, plants and all other equipments relevant to the work including brooms, scavengers, blowers etc. shall be arranged by the Service Provider and cost with respect to the same shall be borne by Service Provider alone. 
iv. The Labourers/Supervisor shall be arranged by the Service Provider at his cost for the work.
v. The Service Provider has to transport his material/accessories, equipments and other tools etc. on his own cost. The to and fro transportation will be at Service Provider’s risk and cost.
vi. Service Provider shall follow the safety rules of the buyer’s organization.
vii. The security of the Service Provider’s stores/ materials at the Buyer’s premises will be Service Provider’s responsibility.
viii. Service Provider’s personnel while working at the location shall follow all the safety precautions to prevent any accident. The Service Provider shall be fully responsible for any mishaps, loss, damages caused by his men during the working either to his men or to buyer's property. The buyer reserves all the rights for recovery of appropriate amounts from his bill/security deposit to compensate such losses.
ix. Service Provider’s supervisor shall be responsible for quality of work.
x. The Painting work should be carried out, in such a manner that no law of the land is violated. In case of any such violations the Service Provider would be solely responsible for all such violations. It is the service provider/ agency’s responsibility to obtain any clearance from any concerned authority.
xi. Materials shall be delivered to the site in original sealed containers, bearing brand name, manufacturer's name and colour shade, with labels intact and seals unbroken. It is desired that materials of one manufacturer only shall be used as far as possible and paint of one shade is obtained from the same manufacturing batch.
xii. Before proceeding for painting, the surface(s) to be painted are to be scratched and cleaned thoroughly for application of base.
xiii. The service provider shall commence the work within the agreed number of days of issuance of work order. Inability to provide the services within the stipulated time shall attract deductions as stated below . The Service provider shall monitor and maintain the stated service levels to provide quality customer service to the buyer.
xiv. Service Provider shall ensure that the work is carried out in accordance with specifications and drawings (if any) given by the buyer. 
xv. Service Provider shall correct the notified defects (if any) within the time specified by the buyer.
xvi. The Service Provider shall arrange for safe and proper storage of all materials and tools. The storage space if allotted within the building shall be adequately protected from damage, disfigurement and stains. Paint shall be kept covered at all times and mixing shall be done in suitable containers. All necessary precautions shall be taken by the contractor to prevent fire. 
xvii. The waste materials should be collected and dumped at identified place for easy disposal.
xviii. While working at height (more than 5 meters), it is necessary to have safety belt for fastening to wire or structural ladder).
xix. At times of unfavourable weather conditions or any other prevailing condition when the work is to be delayed, the buyer shall have the liberty to control the time period, at his sole discretion and/or to insist on re-painting, as may be required.
xx. Surface shall not be coated in rain, wind or in environment where injurious airborne elements exist. To the maximum extent practicable, each coat of material shall be applied as a continuous film uniform thickness free of probes. Any spots or areas missed in application shall be recoated and permitted to dry before the next coat is applied. Manufacturer instruction shall be followed for inter-coat interval.
xxi. No coat shall be applied until the preceding coat has dried. The material shall be considered dry for re-coating when another coat can be applied without the development of any film irregularities such as lifting or loss of adhesion of undercoats. Drying time of the applied coat should not exceed the maximum specified time for it as a first coat; if it exceeds the paint material has possibly deteriorated or mixing is faulty. 
xxii. No paint shall be force dried under conditions, which will cause checking, wrinkling, blistering formation of pores, or detrimentally affect the conditions of the paint.
xxiii. No drier shall be added to paint on the job unless specifically called for in the manufacturer’s specification for the paint.
xxiv. The Service Provider must provide complete guarantee for the period of 6 months from the date of completion of work for each painted item. If any defect is found within this guarantee period, the same has to be rectified by the service provider at his own cost.
xxv. The Service Provider shall at all times ensure that the services being provided under this Contract/ Agreement (including deployment of personnels) are performed strictly in accordance with all applicable laws, orders, bye-laws, regulations, rules, standards, recommended practices etc, and no liability in this regard will be attached to the Buyer.

xxvi. The Service Provider shall be fully responsible for the acts of their representatives / personnel and shall fully indemnify the Buyer for any kind of losses or damages caused by them. The Buyer shall not be responsible for any claim from any personnel deployed by the Service Provider or from any third party with respect to any personnel deployed by the Service Provider. The Service Provider shall wholly and fully be responsible for any such claims.

6. Payment Schedule
i. The Payment Procedure specified in the General Terms and Conditions of GeM shall be applicable 
ii. Payment schedule to be as per payment terms specified in bid document. 
iii. Payment to be inclusive of travelling charges for site, boarding and lodging expenses unless specified otherwise by the buyer in ATC section. 

7.SLAs, Deductions and Termination

8. Service Formula: Total Lump Sum Price (inclusive of all applicable taxes) × Quantity as per the Unit of Measurement Selected in the Specification