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(c) When delivered into other types of containers. If helium is delivered into containers of types other than those referred to in paragraphs (a) and (b) of this section, the purchase price shall be the same as set forth in paragraph (a) of this section, and the Bureau may make, in addition, service charges to cover the cost of handling and filling such containers as provided in § 1.3 (b).
(d) Minimum charge. Notwithstanding the provisions of paragraphs (a), (b) and (c) of this section, the minimum charge for the helium delivered under any one contract shall be $11.00.
$ 1.3 Service charges. The following charges for services and for use of equipment supplied by the Bureau shall be paid by the purchaser, in addition to the purchase price:
(a) For work performed on standardtype cylinders supplied by the purchaser. (1) Hydrostatic testing: $0.75 per cylinder.
(2) Sealing cylinder valves: $0.025 per cylinder.
(3) Stenciling serial numbers: $0.10 per cylinder.
(4) Installing valves supplied by purchaser in cylinders received without valves: $0.20 per cylinder.
(5) Resetting valves, or removing valves and replacing with valves supplied by purchaser: $0.35 per cylinder.
(6) Painting cylinders: $0.50 per color, per cylinder.
(b) For extraordinary expenses. Such expenses incurred in connection with any contract or delivery, including costs of repairing, cleaning, or drying purchasers' containers, filling containers of types other than those referred to in $ 1.2 (a) and (b), compressing or purifying helium beyond normal plant pressure or purity, delivering helium at a point other than a helium plant selected by the Bureau, and unusual handling, transportation and communications, may be determined by the Bureau, on the basis of the cost of rendering the services, making due allowance for contingencies, overhead expense, commercial commoncarrier rates, and intangible factors, and charged to the purchasers as they arise.
(c) For use of helium containers supplied by the Bureau. (1) For each standard-type cylinder: $0.45 for each month or part thereof.
(2) For each helium tank car: $100 for the first five days or part thereof, and $20 for each day or part thereof in excess of five days.
(3) For each hellum semi-trailer: $10 for the first two days or part thereof, and $5 for each day or part thereof in excess of two days.
(4) For each multiple-cylinder unit: $9 for the first three days or part thereof, and $3 for each day or part thereof in excess of three days.
(d) For use of tractor. For a tractor with driver and fuel supplied by the Bureau for transportation of a helium semitrailer: $30 for each day or part thereof plus $0.10 for each mile traveled pulling the semi-trailer and $0.06 for each mile traveled by the tractor without the semitrailer.
(e) Computation of time periods. The time periods (one month, five days, two days, three days, and one day) referred to in paragraphs (c) and (d) of this section shall begin the day following that in which the container or tractor is placed in service for the purchaser and end the day it is returned to the Bureau's service. Any fractional period, including the period of use of a container or tractor placed in a purchaser's service and returned to the Bureau's service later in the same day, shall count as a whole period. A container or tractor shall not be considered to be returned to the Bureau's service until it is returned to the Bureau's point of origin or some other point designated by the Bureau, and, if the container is a standard-type cylinder
a used in making repeated shipments to the same purchaser, until it is released from that service and made available for shipments to other purchasers or to agencies of the Federal Government. Twelve o'clock, midnight, standard time, is the dividing line between days. The charge for the use of a container or tractor shall abate during any period when it is out of service because of unserviceable condition through no fault of the purchaser.
$ 1.4 Settlements under existing contracts. Existing contracts for the purchase of helium and for use of containers may be settled by the Bureau in whole or in part on the basis of the amended regulations in this part, and suitable amendments of such contracts may be entered into for this purpose.
$ 1.5 Applications—(a) Applications to purchase helium. Sales of helium will be made only upon a written application, signed by the applicant, setting forth all of the information and conditions required by the Bureau's form entitled "Application to Purchase Helium," a copy of which is published in § 1.21 (a). Such forms will be furnished by the Bureau upon request. If the application is deemed sufficient by the Bureau for that purpose, and the requirements for cash advance and bond (if required) are complied with, it shall become the contract of sale upon the written acceptance thereof by the Bureau.
(b) Applications to use helium containers. If a purchaser desires that containers be supplied by the Bureau, he may make application therefor on the Bureau's form entitled “Application to Use Helium Containers," a copy of which is published in $ 1.21 (b). Such forms will be furnished by the Bureau upon request. If the desired containers are available, and if said application is deemed suficient by the Bureau for that purpose, and the requirements for cash advance and deposit or bond are complied with, it shall become the contract for use of containers upon the written acceptance thereof by the Bureau.
$ 1.6 Advances, deposits and bonds(a) Advances and bonds for purchase of helium. No helium will be delivered or services performed under the regulations in this part except against cash paid in advance on account of the purchase price and services, and, when applicable, a bond or bonds as provided in $$ 1.14 and 1.18.
(b) Advances, deposits and bonds for use of containers. No containers or tractors will be furnished by the Bureau under the regulations in this part except against cash paid in advance on account of their use and, unless waived by the Bureau, a cash deposit or bond to guarantee the return of all Governmentowned containers in satisfactory condition, or the repair or replacement of, or payment for, any containers lost or damaged, and payment of any other charges that may become due.
(c) Purchaser to maintain adequate credits and bonds. The purchaser shall at all times maintain with the Bureau a cash credit sufficient to cover all or as much as the Bureau may require of the purchase price of the helium together
with such charges for services and use of containers or tractors as may accrue, and, unless waived by the Bureau, a cash deposit or bond adequate to save the Bureau harmless from loss of, or damage to containers and to guarantee payment of all charges.
(d) Initial and supplemental advances, deposits and bonds. Applicants for helium and for use of containers or tractors may estimate the amounts of the initial and total cash advances and deposits or bonds from the Bureau's established purchase prices, service charges, and container values, and make the necessary payments with their application, or may await a determination and statement of these items by the Bureau after the filing of the application. If the Bureau at any time deems any advance, deposit, or bond insufficient, it may require that it be made suficient as a condition to further deliveries of helium or use of containers or tractors.
(e) Computation of cash advance when use of helium is uncertain. When an applicant is unable to specify with certainty that the helium applied for is for medical use, the cash advance on account of the purchase price thereof shall be computed at the rate fixed for scientific or commercial purposes, and the account shall be adjusted thereafter, pursuant to $ 1.9, to the extent that the applicant is able to certify that the helium has been or will be used for medical purposes.
(f) Computation of cash advance when method of shipment is uncertain. When there is uncertainty, at the time helium is applied for, as to the type of container in which it will be shipped, the cash advance shall be computed at the rate fixed for helium delivered into standardtype cylinders, but in adjusting accounts pursuant to § 1.9 the prices charged shall conform to those for helium delivered into containers of the type actually used.
(g) Form of checks for advances and deposits. All cash advances, deposits, and additions thereto shall be made in the form of certified checks payable to the Treasurer of the United States, unless this requirement is waived by the Bureau.
(h) Advances and deposits to be credited to special helium-production fund. All cash advances, deposits, and other moneys received under the regulations in this part shall be credited to and deposited in the special helium-production fund.
$ 1.7 Initial advance for purchase of helium. Unless upon receipt of an application to purchase helium the Bureau indicates some other or different requirements, the initial cash advance may be computed as follows:
(a) On account of purchase price. (1) With applications for 500 units of helium or less: The full purchase price (not less than $11.00).
(2) With applications for more than 500 units of helium: The full purchase price for 500 units plus one-half of the purchase price for each unit in excess of 500.
(b) On account of services. The full amount of the estimated charges for the services to be rendered, not including charges for use of containers or tractors furnished by the Bureau.
$1.8 Initial advance and guarantee for containers. Unless upon receipt of an application to use containers the Bureau indicates some other or different requirements, the initial cash advance and the deposit or bond may be computed as follows:
(a) Cash advance for use of containers. (1) $0.90 for each standard-type cylinder.
(2) $300 for each helium tank car.
(4) $30 for each multiple-cylinder unit.
(5) $150 for each tractor, if supplied by the Bureau to haul a helium semitrailer.
(b) Cash deposit or bond as guarantee for containers and charges.
(1) $20.00 for each of the first 500 cylinders and $10.00 for each cylinder in excess of 500.
(2) $50,000 for each helium tank car.
(3) $10,000 for each helium semitrailer.
(4) $4,000 for each multiple-cylinder unit.
$ 1.9 Adjustment of accounts-(a) Delivery which fulfills contract. The delivery of a quantity of helium within plus or minus five percent of that contracted for shall constitute performance on the part of the Bureau, but payments for the helium shall be on the basis of the number of units delivered.
(b) Refunds to purchasers. As contracts of sale are performed by the Bureau by the delivery of helium, and as contracts for use of containers are performed by the purchasers by the return of containers and other equipment furnished by the Bureau, the Bureau may make refunds from time to time to the purchaser, from any credits to the purchaser's account in the special heliumproduction fund, to the extent that the Bureau deems such credit or credits to be in excess of the amounts that may be required to secure the performance of any outstanding contract or contracts of that purchaser; and, in any event. upon full performance hy both the Bureau and the purchaser of any con. tract of sale or contract for use of con. tainers the Bureau shall refund to the purchaser any balance left to the purchaser's credit on account of sucb contract: Provided, That the Bureau, at its option, may transfer any such credit remaining on account of any particular contract to the account of any uncompleted contract with the same purchaser.
$ 1.10 Shipping containers-(a) Containers may be provided by the purchaser or the Bureau. The applicant may provide containers, as indicated by the Application to Purchase Helium (1.21 (a)), or may request the Bureau to provide them, as indicated by the Application to Use Helium Containers ($ 1.21 (b)). Containers provided by the applicant must be satisfactory to the Bureau in all respects, and shall comply with the requirements for shipment in Interstate Commerce. The Bureau will not use or fill any container which in its opinion is unsafe or unsuitable.
(b) Provisions applicable to all types of containers supplied by the Bureau. (1) Agencies of the Federal Government requisitioning helium from the Bureau will have preference in the use of all such containers.
(2) The purchaser shall make every effort to prevent loss of or damage to containers supplied by the Bureau; shall not use such containers for any purpose other than transportation or storage of helium purchased from the Bureau; and shall not permit any substance to be compressed or injected into such con. tainers without the Bureau's written consent.
(3) The purchaser shall keep account of all containers supplied by the Bureau (by serial number if a container is so numbered) and shall return such containers (including attached valves and other parts) to the helium plant or other point from which they were shipped to the purchaser, or to such other point as may be specified in writing by the Bureau, at no greater cost to the purchaser. Notwithstanding any other provisions of the regulations in this part, the purchaser shall return standardtype cylinders within 80 days and shall return helium tank cars, helium semitrailers, and multiple-cylinder units within 30 days after receipt of notice that their return is required.
(4) The purchaser shall not remove, obliterate or obscure any of the Government's stamped or painted markings on such containers, nor stamp, paint or otherwise apply permanent markings on the metal of such containers, except records of hydrostatic tests stamped into the metal thereof in the manner prescribed by the Interstate Commerce Commission if the making of such tests by the purchaser is authorized by the Bureau: Provided, That the purchaser may place temporary markings on said containers if such markings are applied in a manner that will in no way affect the metal of or paint on said containers or attached fittings, but any such temporary markings not authorized by the Bureau in writing shall be removed before return of the containers to the Bureau.
(5) Title to all containers supplied to purchasers under the regulations in this part shall remain in the United States. Payment by the purchaser for a container not returned or rendered unseryiceable shall not vest title to such container in the purchaser.
(6) The purchaser shall pay to the carrier all transportation charges and demurrage fees resulting from shipment of the containers and their contents to the purchaser and return of the containers to the Bureau, unless the Bureau has agreed in writing to pay such transportation charges and fees.
(7) In the event that the Bureau pays any transportation costs (other than haulage of a helium semi-trailer by a tractor furnished by the Bureau) on containers in the service of a purchaser, the purchaser shall reimburse the Bureau for such transportation at commercial common-carrier rates for the kind of transportation used, whether
or not the transportation was by common carrier, or the cost incurred by the Bureau, whichever shall be the higher.
(8) The purchaser shall not remove containers furnished by the Bureau from the continental limits of the United States without specific permission of the Bureau, except for continuous passage through Canada en route between locations in the United States, which passage shall be in accordance with all laws and regulations applying to such passage through Canada.
(9) Any use or operation by the purchaser of containers furnished by the Bureau shall be in full compliance with all applicable Federal and State laws.
(10) The purchaser shall completely indemnify the Government and hold it harmless from any loss or expense arising from claims of third persons in connection with personal injuries or damage to property or otherwise arising from any Government owned container while in the service or custody of the purchaser.
(c) Provisions applicable to standardtype cylinders supplied by the Bureau. (1) If any standard-type cylinder supplied by the Bureau is not returned within 80 days after receipt of notice that its return is required, or is rendered unserviceable by defects or failure to pass & quinquennial hydrostatic test as a result of mistreatment or damage beyond the effects of ordinary wear, tear, and age, occurring during the period commencing with the delivery or shipment of such cylinder to the purchaser and ending with the return of such cylinder to the Bureau, the purchaser shall be charged and shall pay to the Bureau, or cause to be paid to the Bureau, the value thereof as determined by the Bureau, which value, however, shall not be more than $25.00 nor less than $10.00. The entry of such charge on account of any cylinder not returned shall terminate the charge for the use thereof as of the end of the current month for which charge is made pursuant to $ 1.3, but if said cylinder subsequently is returned, the Bureau shall credit or refund to the purchaser, from the special helium-production fund, the amount charged for the cylinder less $0.45 for each month or part thereof during the period from the date when the use charge was terminated to the date of the return of the cylinder,
(2) The purchaser shall be charged with and shall pay to the Bureau, or cause to be paid to the Bureau, the cost of repairing the damage (as estimated by the Bureau if immediate repair is not made) to any returned cylinder which, although serviceable, has suffered damage beyond that attributable to ordinary wear, tear, and age, during the period while it was in the service of the purchaser.
(d) Provisions applicable to helium tank cars supplied by the Bureau. (1) All movements of helium tank cars, full and empty, shall be under such Shipment Orders and in accordance with such Route Orders as the Bureau may direct.
(2) The purchaser shall be charged with any excess empty mileage of helium tank cars for which the purchaser is responsible and which has been paid by or charged to the Federal Government.
(3) At the discretion of the Bureau, the purchaser may be charged the amount of any bill received by the Bureau or other Government agency from a railroad for repair of damage incurred by a helium tank car at a discharge terminal while in the custody of the purchaser.
(e) Provisions applicable to helium tank cars, helium semi-trailers and multiple-cylinder units supplied by the Bureau. (1) Bills of lading issued by the purchaser for shipment of helium tank cars, helium semi-trailers, and multiplecylinder units shall be in such form and shall bear such notations as the Bureau may direct.
(2) The purchaser shall not remove the cylinders of helium tank cars, helium semi-trailers, or multiple-cylinder units from their mountings without specific aŭthority of the Bureau in each case.
(3) The purchaser shall make good or cause to be made good, to the Government, by replacement of materials or by financial reimbursement, as may be appropriate and satisfactory to the Bureau, all losses and damages, not caused by any fault or negligence of the Government, to any helium tank car, helium semi-trailer, or multiple-cylinder unit during any period when such car, semitrailer or unit is in the service or custoday of the purchaser. Financial reimbursement shall be satisfactory to the Bureau and to any other Governmental agency having jurisdiction over the equipment lost or damaged, but shall not exceed the purchase price for which the Government purchased the equipment and its parts, including posts of assembly.
$ 1.11 Repurchase rights of Government. The Government shall have the right to repurchase helium that has been sold by the Bureau and that has not been lost or dissipated, when needed for Government use, upon the following terms and conditions:
(a) Price for repurchase. The price to be paid by the Government per unit of helium, for delivery at the place of use or storage, for helium of 98 percent purity or better, shall be the higher of either of the following:
(1) The price at which said helium was purchased from the Bureau, less one half of one percent of said price for each month or fraction thereof since the said helium was purchased from the Bureau, or
(2) The highest price per unit for helium purchased from the Bureau for commercial use during the fiscal year immediately preceding the repurchase.
(b) Adjustment for purity. For repurchased helium of less than 98 percent purity the unit price to be paid by the Government shall be the price as above determined less one percent thereof for each one percent that the purity is below 98 percent.
$ 1.12 Reservations with respect to sales and deliveries. The Bureau reserves the absolute right and discretion to limit or defer sales and deliveries under contracts to conform to the needs and requirements of the Government, and to give such preferences as between sales for medical, scientific, and commercial use, and requisitions by Government agencies, as it deems proper: Provided, That in all cases requirements for Government use shall have first preference. All furnishing of services and supplying of containers and tractors under the regulations in this part shall be at the Bureau's option.
$ 1.13 Determinations of purity and quantity. Determinations of purity and quantity of helium shall be by methods prescribed by or acceptable to the Bureau.
§ 1.14 Special restrictions (a) Sales for the inflation of airships. Helium produced by the Bureau shall not be sold or used for the inflation of airships except such airships as operate in or between the United States and its Territories and possessions, or between the United States or its Territories and