Page:30 CFR 1959.pdf/29

§ 1.11 helium-production fund, the amount charged for the cylinder less $0.45 for each month or part thereof if the charge for use of the cylinder was on a monthly basis, or less $0.25 for each month or part thereof if the charge for the use of the cylinder was on a yearly basis, 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 and helium semi-trailers supplied by the Bureau. (1) Bills of lading issued by the purchaser for shipment of helium tank cars and helium semi - trailers 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 or helium semi -trailers from their mountings without specific authority 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 or helium semitrailer during any period when such car or semi-trailer is in the service or custody 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 costs 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 99.5 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 99.5 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 99.5 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.

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