Page:30 CFR 1959.pdf/26

Rh tive may be performed and settled under the regulations in this part, by written agreement between the Bureau and the purchase: but in the absence of such agreement shall be performed and settled under the terms of such contracts and of the regulations as they were in effect at the time such contracts were entered into.

§ 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". 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 con- tract 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, be may make application therefor on the Bureau's form entitled "Application to Use Helium Containers". Such forms will be furnished by the Bureau upon re- quest. If the desired containers are available, and if said application is deemed sufficient by the Bureau for that purpose, and the requirements for cash advance and deposit or bond are com- plied with, it shall become the contract for use of containers upon the written acceptance thereof by the Bureau.

§ 1.6 Advances, deposits, 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, & bond or bonds as provided in § 1.8, 1.14 and 1.18.

(b) Advances, deposits, 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 Government owned 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 & 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, bonds. Applicants for helium and for use of containers or tractors may estimate the amounts of the total and initial 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 method of shipment is uncertain. If the type of container in which helium is to be shipped has not been decided at the time an application is made, the cash advance shall include the service charge for filling standard-type cylinders u specified in § 1.3 (a), but in adjusting accounts pursuant to § 1.9, filling charges will not be made for units shipped in helium tank cars or helium semi-trailers.

(f) Form of checks for advances and deposits. All cash advances, deposits, and additions thereto shall be made in the form of certified checks or cashier's checks payable to the Treasurer of the United States, unless this requirement is waived by the Bureau. A separate check shall be furnished for the amount due under each contract.

(g) 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. Rh