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General Terms & Conditions For Providing Services For

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Annexure-II

General Terms & Conditions for providing services for __________________________________

1- INTRODUCTION: Sohar International Urea and Chemical Industries LLC (SIUCI) is having its Fertiliser Plant
located on Plot No. 15 A, Sohar Industrial Port (SIP) Area about 250 Kms north west of Muscat. The
plant comprising a 2000 MTPD Ammonia, 2 X 1750 MTPD Urea plants with related utilities and offsite
facilities has commenced production in May 2009.: This document describes General Terms &
Conditions for the above-mentioned services while detailed Scope of Work shall be as per Annexure-I.

2- DEFINITIONS:

The following words and expressions, when used with capital initial letter, shall have the following
meanings:

“Competent Authority” means Government of Oman or any subdivision thereof and any ministry or
governmental, quasi governmental or other regulatory department, agency or authority of Oman
(including the Sohar Industrial Port Company).

“Contractor” means the contractor providing the above-mentioned services

“Contract” means this contract between the Owner and the Contractor for the execution of the Work by
the Contractor in accordance with its terms.

“Contractor’s Equipments” means all apparatus, machinery, tools, vehicles and other things which the
Contractor brings, arranges and are required for the execution of the Work

“Contractor’s Personnel” means Contractor’s representative, Site supervisor and all personnel whom
the Contractor utilises for or in connection with the performance of the Contract. This shall include the
staff, labour and other employees of the Contractor and of each subcontractor, and any other personnel
assisting the Contractor in the execution of the Work.

“Good Practice” means those reasonable and prudent practices, methods, equipments, specifications
and standard of performance and safety (as the same may change from time to time) generally used by
professional organizations of the type and size similar to the Contractor and Contractor’s principal
business.

“Oman” means the Sultanate of Oman.

“Owner” means Sohar International Urea and Chemical Industries LLC (SIUCI).

“Permit” means permission, licence, authority, approval or consent of any Competent Authority relating
to or required for the acquisition, ownership, occupation or to investigate and survey, design, procure,
supply, construct, sub-contract, install, test, commission, as applicable and do other things in accordance
with the requirements of the Contract or required for the execution, delivery or performance of any
document pertaining to the Contract.

“Site” means the location where the Owner’s ammonia-urea fertiliser is complex is situated in the Sohar
Industrial Port Area, Sultanate of Oman.

“Services” means and includes all those things to be done or provided by the Contractor in accordance
with the Contract.

“Subcontract” means any agreement by which a Subcontractor agrees with the Contractor or another
Subcontractor(s) to perform any part of the Work under this Contract.

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“Subcontractor” means any person (other than Contractor) who performs any portion of the Work,
whether contracting directly with the Contractor or through person(s) contracting directly with the
Contractor.

“Work” means the scope of work to be executed by the Contractor to meet the Owner’s requirements
under the Contract.

3- OCCUPATIONAL HEALTH, SAFETY & ENVIRONMENT PROTECTION REQUIREMENTS:

3.1 The Contractor shall be solely responsible for the health and safety of the Contractor’s Personnel
and the Contractor’s Equipments. For the avoidance of doubt, the Owner shall not be responsible in
any manner for the health and safety of the Contractor’s Personnel deputed to the Site.

3.2 The Contractor shall ensure that the Contractor’s Personnel discharge their duties in a safe manner,
according to Good Practices.

3.3 The Contractor shall develop and implement systems and procedures to protect the environment
and ensure health and safety of the persons working at the Owner’s Site.

3.4 The Contractor shall provide all the required Safety tools, devices and personal protective
equipments (PPE) to the Contractor’s Personnel. The Contractor’s Personnel at the Site shall use
appropriate safety tools, devices and personal protection equipments and shall always wear full
sleeve coverall, safety glasses/ goggles, safety shoes and safety helmet as a minimum. The
Contractor shall arrange all safety gears (confirming to relevant national & international standards
and C€ certified), tools & tackles required for safe execution of the job.

3.5 The Contractor’s Personnel working at the Site shall strictly comply with the Owner’s Occupational
Health and Safety (OH&S) rules, regulations and procedures attached as Annexure-III.

4- GENERAL TERMS & CONDITIONS: -

4.1 Until & unless specified otherwise, the Work under this contract shall be carried out by the
Contractor’s Personnel under the direct supervision of the Contractor’s supervisor deputed at Site
for services, who shall ensure that the jobs are carried out in a safe manner and according to Good
Practice.

4.2 The scope of providing various arrangements shall be as per following list (to be filled in by the
bidder):

SN Description Contractor Owner Not Remarks


Applicable
1 Travel from Contractor’s office to
Muscat International Airport 
(MIA)
2 Transportation from MIA to Hotel 
3 Hotel Accommodation 
4 Meals during off-work hours 
5 Transportation from Hotel to site

and back
6 Meals during work hours 
7 Express Visa 
8 Insurance for the deputed

Supervisors
9 Drinking Water/Tea/Coffee 
10 Facility for taking food by

Contractor’s Personnel

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SN Description Contractor Owner Not Remarks
Applicable
11 Rest Room, Toilet/Urinal, Wash

Room
12 Facility of Office space for

Contractor’s personnel
13 Facility of temporary Store for

Contractor’s equipment.
14 ROP approval for the temporary
facilities provide by Contractor at 
Owner’s site.
15 Facility for Sewage Water

Collection (Pit/Collection Tank)
16 Disposal of Sewage Water

(Bowsering)
17 Service Water 
18 Service Air/Compressed air, if

required, for job execution.
19 Electrical Power supply 
20 Standard Personal Protective
Equipment (PPE) for Contractor’s
Personnel eg. Safety Helmet

(Blue Colour), Safety Shoes,
Safety Goggles, Safety Gloves,
Coverall, Ear Muffs
21 Special PPE required for the job 
22 First Aid Box 
23 Tools & Tackles 
24 Material Handling equipment like
Cranes, Forklifts, Manlifter, OH 
Cranes, Jib Cranes, Tripod etc.

Please tick mark the appropriate column

4.3 The Contractor shall be solely responsible to provide the necessary insurance cover to Contractor’s
Personnel deputed to the Owner’s Site to provide the services and shall ensure compliance of the
Oman Law in this regard. The Contractor shall ensure that a valid Workman Compensation
Insurance Policy is in place in accordance with Omani Labour Law throughout the validity of this
Agreement. The Contractor shall provide for the information of the Owner a copy of such insurance
policy as and when it is taken out by the Contractor.

4.4 The Contractor shall ensure compliance with the Omani laws / regulations including Labour Law and
any amendments there to from time to time.

4.5 The Contractor shall obtain and maintain until job completion all Permits required by Law for the
purpose of or in connection with the performance of the Contractor’s obligations under the
Contract.

4.6 The Contractor shall indemnify the Owner against loss of any kind whatsoever caused by the
Contractor or Contractor’s Personnel deputed to the Owner’s Site including any loss as a result of
the Contractor’s non-compliance with Omani regulations including environmental regulation,
Labour Law, Oman Electricity Standards (OES, including OES-4) or Owner’s OH&S Regulations for
Contractors. The OHS Declaration as per Page 26 of OHS Regulations for Contractors shall form part
of the Contract. The Contractor shall settle within seven [7] days any claim lodged by the Owner.
The Contractor shall indemnify and hold the Owner harmless against any and all third party claims
arising out of execution of the Contract by the Contractor.

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4.7 Any charges levied on the Owner by the Sohar Port authorities on account of traffic offence(s) or
such other acts of Contractor’s Personnel shall be recovered from the Contractor’s invoice(s).

4.8 Contractor’s all materials, tools and tackles shall be marked and punched with the name of
Contractor. All such materials shall be inspected and verified at the Owner’s main Security Gate and
certified copy of the materials brought inside the Site shall be submitted to the Owner’s Engineer-in-
Charge within one week of its entry. The Engineer-in-Charge or his authorized representative may
check the stores of the Contractor for any unauthorized material at any time at the sole discretion
of Owner. The detailed procedure for Returnable Materials required to be brought inside the Plant
shall be as per Annexure ‘RM’ attached.

4.9 The Owner shall organize Sohar Port Gate Pass for Contractor’s Personnel for which Sohar Port
Company levy charges (at present OMR 5 (Rial Omani Five only)) per gate pass. Any such charges
shall be payable by the Contractor and would be recovered from amounts due to the Contractor
under the proposed Contract.

5- In case of any requirement of potable water in blue tanker(s), the Contractor shall procure the same
from M/s Majis Industrial Services SAOC whose contact details are as under: -

Name: Mr. Mohammed Al-Jamahi – Customer Services Executive


Telephone Number: +968 26852466, 26852467, 26852400
Mobile Number: +968 92003588
Mail id: Mohammed.jamahi@miscoman.com

6- WORK PROCEDURES & INSPECTIONS: -

6.1 Contractor shall prepare and submit standard work procedures, maintenance schedules & check
lists covering all work activities & equipments. Such documents shall be subject to Owner’s review
and approval.

6.2 All inspections and reports shall be in accordance with approved inspection and test plans and
formats. The Contractor shall provide details of inspections, services schedules and shut-down plans
in advance to the Owner.

7- DOCUMENTATION & REPORTING: The Contractor shall maintain records of all inspection, procedures,
permits, approvals, calibrations, qualifications and licenses in an orderly manner. Any such record, if
required by the Owner, shall be made available within two [2] working days.

8- PAYMENT TERMS: In consideration of the services, the Owner shall release the payment to the
Contractor within 30 days from the date of receipt by the Owner of the ORIGINAL invoice from the
Contractor duly certified by Owner’s Engineer-In-charge along with all supporting documents until &
unless specified otherwise.

9- TERMINATION: The Owner may terminate the Contract any time during the Contract Period with prior
notice of one month. However, in case of non-performance, material default or breach of the terms of
this Contract by the Contractor (Defaulting Contractor), the Owner has the right to terminate the
Contract forthwith and get the work carried out through an alternative Contractor and in such a case the
Defaulting Contractor shall be entitled to receive only the outstanding payment for the work completed
and no other compensation.

The Owner also has the right to claim compensation from Defaulting Contractor for all additional costs
incurred by the Owner due to nomination of an alternative Contractor.

The Owner’s claim for such compensation shall be settled within 30 days from the date of the claim.

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10- ENTIRE AGREEMENT: This Contract constitutes the entire agreement between the Parties in respect of
the subject matter hereof and supersedes all prior representations, understandings or agreement of the
parties relating in any way to such subject matter.

11- CONFIDENTIALITY: The Contractor shall keep all documents and information provided by the company
confidential and shall not disclose it to any third party.

12- GOVERNING LAW: This Contract shall be governed by and construed in accordance with the laws of
Sultanate of Oman.

********

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ANNEXURE - RM

In case, you have to bring some returnable material (equipment/tools and tackles etc), you have to submit a list
of the same (3 copies) on your letter head and get it certified from SIUCI’s Engineer in charge and get an inward
entry made on the list from our main gate security.

Format for the list shall be as follows:

Sl No Item Description Quantity Identification Mark (serial No.


etc)

Please note that you will be allowed to take your returnable material out only after verifying with this list.
Please submit a request for taking your equipment/tools & tackles out of our plant to the Engineer In-charge at
least one working day before the material has to be taken out so that a formal ‘Material Exit Gate Pass’ can be
prepared.

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