Rate per Water Purification and Conditioning System (inclusive of all applicable taxes) × Quantity × Contract Period / 365

SERVICE STC

SPECIAL TERMS AND CONDITIONS

FOR ANNUAL MAINTENANCE SERVICES FOR WATER PURIFICATION AND CONDITIONING SYSTEM

 1. PREAMBLE: 

All Annual Maintenance Contracts placed through GeM shall be governed by following set of Terms and Conditions:

1. General terms and conditions for Goods and Services;
2. Service Specific STC of AMC Services – as defined in Service Catalogue which includes SLA for the Service for a product;
3. BID / Reverse Auction specific ATC (if applicable)

1. The above terms and conditions are in reverse order of precedence i.e. Bid  / RA Specific ATC shall supersede the Service Specific STC and GTC and  Service Specific STC shall supersede over the GTC, only in case of any conflicting provisions.
2. The above set of conditions along with Scope of service including price as enumerated in the Contract Document shall be construed to be part of the contract.

  2. Agreement Overview

This Agreement represents a Special Terms and Condition and also includes the specific Service Level Agreement (“SLA”) between the Buyer and the Annual Comprehensive Maintenance Service Provider Agency. This Agreement outlines the Scope of Work, Stakeholder’s Obligation and General Terms and Conditions of Services covered as they are mutually understood by the stakeholders.

  3. Objective And Goals

The objective of this Agreement is to ensure that the proper elements and commitments are in place to provide consistent delivery of maintenance service to buyer by service provider.

The goals of this Agreement are to:

1. Provide clear reference to service ownership, accountability, roles and/or responsibilities.
2. Present a clear, concise and measurable description of service provision to the customer.
3. Depict Terms and Conditions of the service for all the involved stakeholders.

To ensure that all stakeholders   understand the consequences in case of termination of services due to any of the stated reasons, violations of service level agreement

The agreement will act as a reference document that both the parties have understood the mentioned terms and conditions and have agreed to comply the same.

  4. Stakeholders

Following are the stakeholders associated with this agreement:

• Buyer / Consignee·
• Service Provider or Annual Maintenance Contract Service Provider

The responsibilities and obligations of the stakeholders have been outlined in this document. The document also encompasses payment terms and penalties in case of non-adherence to the defined terms and conditions. It is assumed that all stakeholders would have read and understood the same.

 5. Scope of the services

The maintenance involved shall be as per the packages specified. The scope of Annual Comprehensive Maintenance (AMC) Service covers upkeep and smooth working of the equipment within the premises of user department as per laid down SLA and   any other provisions contained in the contract .The AMC services   shall consist/ inclusive  of the following:

1. Preventive Maintenance Service (PMS)
2. Comprehensive Maintenance Services
3. Break Down Services/Repair (BDS)

5.1 Preventive Maintenance Service (PMS)

AMC service provider shall carry out preventive maintenance Services (PMS) on monthly basis and shall plan, as per schedule of quantities, such that maintenance is carried out at users/consignee location for equipments covered in the AMC.  PMS will be done once in every month during currency of the contract. A separate logbook should be maintained to record the preventive maintenance carried out for equipment. The AMC service provider  must submit the preventive maintenance report along with satisfactory service report from the user to designated authority / nodal officer of buyer for record and SLA compliance.

5.2 Comprehensive Maintenance Services

The scope of comprehensive maintenance covers upkeep and smooth working of the equipment/system within the premises of the user department as per laid down SLA, Package and other provisions covered in the contract. Service provider should carry out the comprehensive maintenance once in a year ( preferably with in first quarter of award of contract)  through trained, experienced and competent service engineer and as per benchmarked maintenance practices / OEM manuals. Continuous efforts should be made by service provider to minimise the down time of the water purifier as a part of the duties of the service provider agency. The service provider shall ensure the equipments/systems covered under the contract are maintained at optimum operating levels.

5.3 Break Down Services/Repair (BDS)

It shall be the responsibility of the service provider to ensure that as soon as a break down occurs immediately service engineers are deputed for carrying out the repairs and make the equipments/systems,  covered under contract, in working conditions. Service provider should have adequate stock of required parts and spares which may need to be replaced. Service provider is expected to ensure that up time as prescribed in the SLA is maintained

6. Different Types Of Packages Offered Under AMC

The AMC services offering shall be in terms of different packages depending on coverage of basic  servicing ,filters ,Membranes ,electrical parts etc. The details are as indicated below

1. PACKAGE-1 : Water purifier and conditioning system  maintenance involving basic servicing

This package ( Package-1) will cover visits by service engineer to carryout periodic maintenance of the equipment/ systems covered under the contract. It is suitable for equipments such as water coolers, gravity water filters, water dispensers etc where periodic change of filters etc as consumable are not required. In unforeseen condition, if any major components (pump/compressor) failure occurs during the currency of AMC, the service provider shall replace it on extra charge. Buyer shall decide themselves the reasonability of the extra charges for such unforeseen failures.

1. PACKAGE-2 : Water purifier and conditioning system maintenance involving basic servicing with maintenance of filters

This package ( Package-2) will cover periodic change of filters and activated carbon etc as consumable and  visits by service engineer to carryout maintenance service of the equipment covered under the contract. It is suitable for equipments such as Potable water purifiers with/without water coolers, RO water purifiers, water ATM etc where periodic change of filters and activated carbon etc as consumable are required. In unforeseen condition, if any major components (membrane/pump/compressor) failure occurs during the currency of AMC, the service provider shall replace it on extra charge. Buyer shall decide themselves the reasonability of the extra charges for such unforeseen failures

1. PACKAGE-3 : Water purifier and conditioning system  maintenance involving basic servicing plus maintenance of filters and and membrane

This package ( Package-3) will cover periodic change of filters, membrane/UV tube and activated carbon etc as consumable and  visits by service engineer to carryout maintenance service of the equipment covered under the contract. It is suitable for equipments such as higher capacity RO/UV/UF/NF water purifiers, water ATM etc where periodic change of filters, membrane, UV lamps etc as consumable are required. In unforeseen condition, if any major components (pump/compressor) failure occurs during the currency of AMC, the service provider shall replace it on extra charge. Buyer shall decide themselves the reasonability of the extra charges for such unforeseen failures

1. PACKAGE-4 : Water purifier and conditioning system  maintenance involving basic servicing, filters, membranes, All electrical parts including pump

This package ( Package-4) will cover periodic change of filters, membrane/UV tube and activated carbon etc as consumable and  visits by service engineer to carryout maintenance service of the equipment covered under the contract. It is suitable for equipments such as higher capacity RO/UV/UF/NF water purifiers, water ATM etc where periodic change of filters, membrane, UV lamps etc as consumable are required. Further it also covers components (components in the water line) such as pump etc. However  components other than water line such as compressor and other electrical parts failure occurs during the currency of AMC, the service provider shall replace it on extra charge. Buyer shall decide themselves the reasonability of the extra charges for such unforeseen failures

1. PACKAGE-5 : Water purifier and conditioning system  maintenance involving basic servicing, filters, membranes, All electrical parts including pump and compressor

This package (Package-5) will cover periodic change of filters, membrane/UV tube and activated carbon etc as consumable and  visits by service engineer to carryout maintenance service of the equipment covered under the contract. It is suitable for equipments such as higher capacity RO/UV/UF/NF water purifiers, water ATM, Electro De-ion based water purifiers etc where periodic change of filters, membrane, UV lamps,  etc as consumable are required. Further it also covers all electrical parts and accessories/ components such as pump, compressor, Electro De-ion Module etc. without any extra cost.

NOTE (1) : The AMC service order shall indicate the relevant package as ordered by the buyer and AMC holder shall accordingly render the services

 7. Buyer Obligations

6. 1. Buyer should provide the details such as model numbers of equipments/ system etc for information to the prospective service provider at the time of bidding. The details shall include all the WATER PURIFICATION AND CONDITIONING SYSTEMS including its integral/ essential part and accessories of the System to becovered under the scope of the contract while biding for the services .Further on entering the contract may provide spare parts list, cat part ID etc as available with them to the service provider for effective service rendering. Service provider shall also have knowledge regarding spare parts and part list numbers etc for the equipments for which they are offering the services.
   2. Buyer shall nominate a Nodal officer/engineer in-charge from its organization to coordinate with Service Provider to facilitate proper co-ordination.
   3. Buyer Department shall ensure that the Service Provider or its authorized personnel gets the required access to location/areas/rooms for providing the services as per contract.
   4. Buyer should also indicate details of any previous break downs and repairs made on the equipment at start of the AMC services to the successful service provider.

   5. 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."

 8. Service Provider Obligations

1. Service provider   should maintain register indicating details of equipment/Equipments being maintained and   details of  rooms/place where they are placed . In case any equipments shifted during tenure of the contract   with in same  location the change details are   also to be kept on record/registers  Such shifting within the same location shall be  done under  supervision of the AMC service provider  and buyer department should  ensure that information is given to service provider and  they are also associated .However cost of such shifting shall not be responsibility of service provider
2. Service Provider should   depute trained and technically competent service engineer / engineers at users premises to ensure proper upkeep of equipment and quick resolution of fault during the AMC period.
3. Service provider should have facility to enable user department to  register complaints through call centre or through website or email .In case of several equipments  involved service provider can also consider maintaining a help desk in premises of consignee Proper record of the complaints should be maintained by the AMC call centre/office/Support Engineer /help desk at each consignee location / user premises.
4. Service Provider should   ensure   availability of suitable   instruments / tools   for their service engineer to examine and repair the equipment. Any cleaning solution or chemical required also to be made available to service engineer
5. Service Provider is required to maintain the log sheet which will include number of services provided during the contract period with dates and part of the equipment got repaired or replaced, with its proper model number and necessary details.
6. The Service Provider must fulfil the requirement of number of maintenance services.
7. Service provider shall maintain the confidentiality of any information related to the equipments under AMC .  Service provider will be required to take appropriate actions in respect of personnel engaged to ensure the obligations of non-use and non-disclosure of confidential information.
8. Service provider shall ensure strict compliance of scope of services as per package offered  by them and specified in the order
9. Replacement of filters, membranes and other parts shall be under responsibility of service provider  as specified in relevant package. The replacements are to be effected as per requirements specified in OEM Manual.

 9. Special Terms and Conditions

1. Service provider shall have experience in repair and maintenance services
2. Water purifier is to be checked for ensuring output water TDS level within permissible limits as per specification the equipment during monthly preventive maintenance visits.
3. The comprehensive maintenance includes preventive maintenance on monthly basis and regular services of the various equipment and/or replacement of any items necessary for keeping the purifier in  active working condition  and free from any defects/disturbance and on any unscheduled call for corrective and maintenance services.
4. The user Departments shall provide details of Equipment  Quantity, Location, Invoice Date/ vintage , Brief Problems  of Machine (if any), to enable the service provider to prepare the maintenance work.
5. Service Provider, as per need and requirement of the contract fulfilment, shall ensure appropriate deployment of the manpower.
6. Repair should be conducted as per standard accepted guidelines for the water purifier repair and  as per OEM manual .The parts/components/sub-assemblies used for repair/replacement by the service provider will be of same make and functional capability as originally available in the PURIFIER . All types of spares, consumables and accessories shall be available with the service provider for equipments covered under the contract. An  undertaking is required to be submitted to this effect at start of AMC services.
7. The new parts when to be fitted is to be verified before fitting to equipments .The removed part is to be handed over to user department .In case service provider notice any part is missing same to be brought to notice of buyer department or otherwise responsibility shall be of service provider Service provider shall ensure that only original parts of same  make/brand are used for replacement
8. Escalation matrix and name of persons coordinating AMC jobs to be submitted to buyer  after AMC is awarded. Service provider shall make sure that equipment under AMC are in working conditions in users’ premises. The service provider shall provide service support as and when required during the AMC period without any extra cost
9. Immediately on award of the service contract, the service provider would give a report regarding taking over of the water purifier . It shall be the responsibility of the service provider to make the water purifier  work satisfactorily throughout the contract period, also to hand over the water purifier  to the department in working condition on expiry of the contract. In case any damage in the same  is found, penalty would be applied at the time of payment and the amount as per the defined penalty would be deducted.
10. All the consumable articles / parts such as material required for cleaning repairs and maintenance will be provided by the service provider at no extra charge to the buyer. The spares and accessories shall be of standard quality .The spares and accessories shall be compatible with purifier   and according to specification provided by the manufacturer and with best quality
11. In case of delay in attending to problems, breakdown of systems due to improper handling by service provider personnel etc suitable penalties for violation of service level agreements shall be levied as indicated in the Penalty Clauses
12. The comprehensive maintenance/ annual maintenance shall be carried out primarily at the premises as specified in the service   order, during office hours. In case, the Service Provider feels that the equipment cannot be repaired at site, they should carry and deliver the equipment back at their own cost and risk to get it repaired promptly.  While taking out the equipment Gate pass to be obtained from the Buyer/nodal officer.
13. After carrying out repair when required certificate regarding equipment working should be obtained from concerned user department representative
14. In case the Service Provider fails in adhering to the maintenance requirements, and Buyer made alternative arrangements for the servicing/maintenance, then Service Provider would reimburse the cost of such arrangements
15. A preventive periodic maintenance report shall be submitted by the service provider  to the buyer organization nodal officer
16. Service provider to give guarantee for the replaced  part  as per OEM warranty or at least 6 months if not covered in OEM warranty .Service provider is to ensure that only original part of same model/brand are used for replacement .In case of replacement of parts are not covered  as per the package applicable service provider shall ensure that rates charged are  not more than OEM rates.
17. Response Time   Ordinarily a complaint must be attended within 24  hours when no change of spare part is involved, however, in case of requirement of change of spare part, the complaint should be resolved within 72  hours of lodging . In case the system is not repaired, or an alternative system not supplied within the period of 72  hours from the time of failure reported, then the buyer  may choose to get the same repaired by or replaced from any other agency and the cost and expenditure incurred therein shall be recoverable from the service provider.
18. System Uptime : Service provider shall ensure that equipment is maintained and in case of any reported fault shall be repaired without any delay. The total uptime of the equipment should be 95% of the period covered in the AMC.
19. AMC Service provider shall be responsible for ensuring that the resources employed for carrying out the servicing and repair shall conduct themselves appropriately in the premises of the buyer department. In case of any misconduct penalties as indicated in the SLA shall be levied and service provider shall be required to terminate the resource with immediate effect.
20. The service provider shall provide proper identification cards for the resources and uniform etc so that the only authorized service persons are attending to the servicing and repair work. The details of resources who shall be used for carrying out work should be informed in advance to maximum extent possible
21. In case resources employed by service provider  resort to any theft the cost of the article shall be recoverable from the service provider in addition to any other criminal action against the resource
22. The resources used by service provider to carry out maintenance shall be on rolls of service provider and shall have no claim whatsoever for any benefits from the buyer department. Service provider shall be responsible for complying with any applicable minimum wages and other statutory compliances

10. Payment Terms

1. The payment will be made to AMC Service provider on quarterly basis (if the services are satisfactory) on submission of bill by the service provider on completion of each quarter after deducting penalty amount, if any.  
2.  Enhancement or decrease of taxes, duties or prices of components, etc., will not affect the AMC rates during the entire period of AMC; no difference shall be paid or claimed as a result of the above.

11. Breach of Contract And Termination

11.1. The Agreement shall be come to an end either on completion of the Contract Period or shall be terminated for the following reasons by either party:

1. Mutual consent: The contract may be terminated based on mutual consent in case the services are no longer required by the Buyer by providing reasonable notice period as per the term of the contract or minimum of 30days. Termination based on mutual consent will not attract any penalties or shall not be liable for any extra payments other than payment of invoices raised till the time of termination including notice period.
2. 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. The Service Provider shall have the right to terminate the contract without any liability to the Buyer if the Buyer fails to make payments to the Service Provider as per the payment scheduled agreed in the Contract.

 12. Breach of SLAs:

The Service Provider shall be responsible for faithful   compliance of the terms and conditions of this agreement. In case of noncompliance of Service obligations, penalty per default will be imposed as per SLA. Non delivery of service in time, not starting work in time, violation of existing laws and statutory requirements, Committing fraud  etc  will be considered as a major default and the contract will be cancelled immediately without giving any further notice

1. Penalty to be imposed if the resolution / maintenance involving part replacement is delayed above 72 Hrs 
2. If the service providers are not able to complete or turn up for the calls, then users can avail the services from any other local service provider / local technician and the amount so spent can be deducted from the bill of Service Provider / from his due amount.
3. Penalty will be imposed in case of failure to meet the SPECIFIED  Uptime
4. The cumulative penalty cannot exceed 10% of the contract value for that period. The contract may be terminated by the Buyer once this limit is breached without any prejudice to other contractual remedy.

Penalties

13. Service Formula

Rate per Water Purification and Conditioning System (inclusive of all applicable taxes) × Quantity × Contract Period / 365