Special Terms and Conditions
For
News Paper & Magazine Supply Service

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 News Paper & Magazine Supply Service from the 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remains valid till completion of scope of services or end of contractual duration (whichever is earlier) unless either superseded by a revised agreement mutually endorsed by the stakeholders or terminated by either of the parties thereof.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;
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 service for a Newspaper and Magazine Supply Service involves the distribution or delivery of newspapers and magazines to Buyers as per their defined schedule. This includes delivering the publications to specified locations while ensuring timely service. The provider implements quality assurance measures that all delivered items are current and as per Buyer demand. The service aims to caters to the diverse information needs of Buyers, ensuring easy access to a wide range of print publications.

5. Terms and Conditions

5.1 Buyers Obligations

5.1.1 Buyer to provide the Service Provider with correct and up-to-date information, including delivery address, preferred time slots, etc.

5.1.2 Buyer should appoint the Nodal officer as point of contact for Service Provider to handle the queries of Service Provider.

5.1.3 Buyer may notify the Service Provider immediately of any concerns, such as missed editions, damaged products, or late deliveries.

5.1.4 Buyer to ensure that the delivery location is accessible for the Service Provider for supply.

5.1.5 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 Obligations

5.2.1 The Service Provider must ensure on-time delivery within the defined time slots by the Buyer.

5.2.2 Service Provider must ensure that all supplied newspapers / magazines are in good condition, including being undamaged, complete, and free from any misprints or defects.

5.2.3 In the event of any modifications or changes in the availability schedule of specific publications, the Service Provider must notify the Buyer in advance or as defined in the scope of work agreed upon by the Buyer.

5.2.4 The Service Provider to ensure the timely support to address Buyer concerns, including issues such as delayed deliveries, missed editions, or damaged products, etc.

5.2.5 Service Provider to ensure the privacy of the Buyer's details and complying with data protection regulations if applicable.

5.2.6 The Service Provider must inspect and assess the site and its surrounding conditions, including the means of access to the location.

5.2.7 Service Provider to keep track of supply levels and ensure that the right quantities of newspapers/ magazines are available as per the defined schedule by the Buyer.

5.3 Other Terms & Conditions (If Applicable)

5.3.1 Both parties must adhere to applicable copyright laws related to the content in newspapers / magazines, ensuring that all distribution agreements with publishers are as per regulations and laws.

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

7.1 Deductions may be imposed by the Buyer for the following: 

 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 penalties 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: 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.

9.3 Breach of SLAs: The contract may also be terminated by the Buyer if i) the cumulative penalties rise to 10% of the contract value ii) After 3rd Instance, of the default as mentioned in the SLA.

However, termination of this Contract shall not affect any accrued rights or remedies of either party.

10. Service Formula

Contract Value: AxBxC

A: Quantity

B: Number Of Copies Per Delivery 

C: Rate Per Package (Inclusive Of GST)