Special Terms and Conditions For Refilling of Fire Extinguishers

1. Agreement Overview
This Agreement represents a Special Terms and Conditions (STC) and Service Level Agreement (SLA) between the Buyer and Service Provider. The purpose of this agreement is to facilitate rendering of Refilling of Fire Extinguishers Service at Buyer’s premises or any other premises designated by Buyer. This Agreement outlines the scope of work, obligations of both Buyer and Service Provider, special terms and conditions related to service delivery and payment of services for mutual understanding of the stakeholders. The Agreement remains valid till completion of scope of services or end of Contractual duration (whichever is earlier) unless either superseded by a revised agreement mutually endorsed by the stakeholders or terminated by either of the parties thereof.
The Services Contracts placed through GeM shall be governed by following set of Terms and Conditions:
1. General terms and conditions for Services;
2. Service Specific STC of the Services Contracts shall include the Service Level Agreement (SLA) for the service;
3. BID / Reverse Auction specific ATC.
The above terms and conditions are in reverse order of precedence i.e. ATC supersedes Service specific STC which supersede GTC, whenever there are any conflicting provisions. The above set of terms and conditions along with scope of work and Service Level Agreement as enumerated in the document shall be construed to be part of the Contract between Buyer and Service Provider.

2. 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 on mutual consent of the stakeholders.

3. Parties to 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, 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.

4. Scope of Services

The scope of Services include:
4.1 To refill the empty cylinders with Fire Extinguisher 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.
4.2 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.

5. Terms and Conditions

5.1 Buyers Obligations

The Buyer's obligations for refilling fire extinguisher services typically include the following:
1. Provision of Access:
• Facility Access:
o Provide unobstructed access to the areas where the fire extinguishers are located.
• Security Clearance:
o Arrange necessary security clearances or escort services for the service personnel if required.
2. Identification of Equipment:
• Equipment Listing:
o Provide a list of all fire extinguishers needing refilling, including their locations and types.
• Special Instructions:
o Inform the Service Provider of any special instructions or requirements related to specific extinguishers or areas.
3. Availability of Personnel:
• Point of Contact:
o Designate a point of contact within the organization to liaise with the Service Provider.
• Supervision:
o Ensure that a representative is available to supervise and facilitate the work, if necessary.
4. Documentation and Records:
• Service Records:
o Maintain accurate records of all fire extinguisher servicing activities.
• Compliance Documents:
o Provide any necessary compliance documentation or previous service records to the Service Provider.
5. Safety Precautions:
• Safety Measures:
o Ensure that all necessary safety measures are in place and communicated to the Service Provider.
• Hazardous Areas:
o Inform the Service Provider of any hazardous areas or conditions that may affect the servicing work.
6. Provision of Facilities:
• Work Space:
o Provide a suitable area for the Service Provider to perform the refilling and maintenance work if necessary.
• Utilities:
o Ensure the availability of necessary utilities such as water and electricity if required for the service.

5.2 Service Provider Obligations

1. Inspection and Assessment: Check the current state of the fire extinguishers and ensure the extinguisher is appropriate for the type of fire risks present.
2. Discharge and Cleaning: Service Provider is responsible for Safely discharge the existing contents of the fire extinguisher, Clean the extinguisher, including the nozzle, hose, and body, to remove any residue.
3. Refilling: Refill the extinguisher with the appropriate extinguishing agent (water, foam, dry powder, CO2, etc.) and ensure the correct weight and pressure to be achieved.
4. Sealing and Tagging: Seal the extinguisher with a tamper-proof seal. Update the service tag to indicate the date of refilling, type of agent used, and the next due date for servicing.
5. Testing and Verification: Perform hydrostatic testing if required by the manufacturer or regulations. Check for any leaks after refilling. Conduct a function test to ensure the extinguisher works properly.
6. Documentation and Certification: Provide detailed records of the work performed, including the type of extinguisher, agent used, pressure levels, and service dates. Provide a certificate of service completion as required by local regulations.
7. Compliance and Standards: Ensure all work is done in accordance with local fire safety regulations and standards. Follow the specific guidelines and recommendations of the extinguisher's manufacturer.
8. Training and Recommendations: Provide basic training to users on the correct use of the fire extinguisher. Advise on any additional fire safety measures or equipment needed based on the site assessment.9.  Follow-Up: Set up a schedule for regular inspections and maintenance. Offer customer support for any questions or concerns post-service.
10. Environmental Considerations: Properly dispose of the discharged extinguishing agent following environmental regulations. Provide information on environmentally friendly extinguishing agents if available.

6. Payment Terms and Conditions

6.1 Payment shall be made once the Service Provider submits the invoice online on GeM along with other relevant documents and after generation of Service Delivery Acceptance Certificate (SDAC) by consignee for the submitted invoice.
6.2 All deductions (if applicable) will be accounted/deducted during SDAC generation before making the payments. Payment will be made through bank transfer only and in no circumstance cash/ cheque payment will be made.

7. Deductions / LD

8. Amendment to Contract

During service delivery period some conditions may occur when the Buyer and/ or Service Provider may require to amend the Contract, some of such conditions may be as followed- 
8.1 Amendment of the Contract after event of Force Majeure: A Force Majeure (FM) means extraordinary events or circumstance beyond human control such as an event described as an act of God (like a natural calamity) or events such as a war, strike, riots, crimes (but not including negligence or wrongdoing, predictable/seasonal rain and any other events specifically excluded in the clause).In case of occurrence of such event which has affected either party directly to perform the agreed services, the Contract can be amended. However, cause, evidence and nature of such effect shall be notified to the other party.
8.2 Amendment in statutory variations: All statutory variations leading to increase in the cost of the Contract will be debited to the Buyer accounts.

9. 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:
9.1 Mutual consent: The Contract may be terminated based on mutual consent in case the services are no longer required. Termination based on mutual consent will not attract any deductions or shall not be liable for any extra payments other than payment of invoices raised till the time of termination including notice period.
9.2 Breach of Contractual obligations: 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.
9.3 Breach of SLAs: The Contract may also be terminated by the Buyer if i) the cumulative deductions rise to 10% of the Contract value.
However, termination of this Contract shall not affect any accrued rights or remedies of either party.

10. Service Formula
Total Cost = Cost Of Refilling the Extinguisher Per Unit * Number of Cylinders to be Refilled
    
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