Decree of the Ministry of Foreign Trade and Heavy Engineering No. 1 / 1965 Coll.
Decree of the ministries of foreign trade and heavy machinery issuing the basic terms of supply of export investment units
Valid
Effective from 03.01.1965
Contents
ČÁST PRVNÍ
§ 1
ČÁST DRUHÁ
§ 2
§ 3
§ 4
ČÁST TŘETÍ
§ 5
§ 6
§ 7
ČÁST ČTVRTÁ
§ 9
§ 10
§ 11
ČÁST PÁTÁ
§ 12
§ 13
§ 14
§ 15
§ 16
§ 17
§ 18
§ 19
§ 20
§ 21
§ 22
§ 23
§ 24
§ 25
§ 26
§ 27
§ 28
§ 29
ČÁST ŠESTÁ
§ 30
§ 31
§ 32
§ 33
§ 34
§ 35
§ 36
§ 37
§ 38
§ 39
§ 40
§ 41
§ 42
§ 43
§ 44
§ 45
§ 46
§ 47
§ 48
§ 49
§ 50
§ 51
§ 52
§ 53
§ 54
§ 55
§ 56
§ 57
§ 58
§ 59
ČÁST SEDMÁ
§ 60
ČÁST OSMÁ
§ 61
§ 62
§ 63
§ 64
§ 65
§ 66
ČÁST DEVÁTÁ
§ 67
ČÁST DESÁTÁ
§ 68
§ 69
§ 70
§ 71
§ 72
§ 73
§ 74
§ 75
§ 76
§ 77
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1
DECLARATION
Ministries of Foreign Trade and Heavy Engineering
of 3 December 1964
issuing the basic terms and conditions for the supply of export investment vehicles
The Ministry of Foreign Trade and the Ministry of Heavy Engineering, in agreement with the participating central authorities and after approval by the Central Arbiter of the CSSR, provides, pursuant to Section 392 of the Economic Code No. 109 / 1964 Coll. ("the Act '):
Scope
(1) This decree applies to the supply of export investment units (Sections 321 to 332 of the Act).
(2) The provisions of Part Six (Sections 30 to 59) apply mutatis mutandis to subcontracting of installations, dismantling, revisions and repasses carried out abroad.
(3) The provisions of part eight (Sections 61 to 66) apply mutatis mutandis to subcontracting of works intended for the principal and final suppliers, provided that their supply involves works and subcontracting of special works carried out abroad.
BASIC PROVISIONS
Export Investment Unit
(1) The supply of an export investment unit under Section 321 of the Act includes machinery or equipment, assembly and works, or only some of these transactions; other supplies such as the delivery of project documentation, the delivery of technical assistance pursuant to Section 67 and, where appropriate, individual deliveries of a piece of goods needed to supplement the export investment unit may be included in the supply of the export investment unit.
(2) Suppliers' supplies pursuant to Article 332 (1) (a) of the Act, intended for the main suppliers, are referred to as final supplies and their suppliers as final suppliers. The final deliveries may include the supply of machinery and equipment, the supply of separate assembly as well as the supply of construction works, provided that they are carried out as a summary of all the works supplied within the export investment unit.
(3) If the machines and equipment included in the final supply are to be supplied including the relevant assembly and, where appropriate, the relevant part of the project documentation, these works shall be supplied as part of the final supply. The final delivery also includes works that are usually part of the supply of machinery and equipment (such as linings of boilers and furnaces, bundles of substations, but not the foundations of machines), unless otherwise specified or agreed.
(4) Part of the final supply of machinery and equipment may be supplied as a final sub-delivery if it fulfils the conditions set out in Section 332 (1) (a) of the Act; the final subcontracting is supplied by the final subcontractor and the main supplier for its own final delivery.
(5) The supply to the export investment unit is also the supply of the general designer.
Main Supplier
The main supplier is an organisation which, pursuant to Article 321 (1) of the Act, has been established by the relevant ministries or has been agreed between organisations which are considered as suppliers and customers or their superior bodies. The main supplier, as regards his own final delivery, is considered to be the final supplier.
General designer
(1) The general designer is the relevant project organisation, unless the main contractor decides to perform this function. The general designer is obliged to supply the main supplier with project documentation to the extent required by the main supplier, which is based on the demand of the export customer. The general designer, at the request of the main contractor, shall carry out copyright supervision and ensure that the implementation projects are consistent.
(2) Paragraphs 5, 6 and 7 apply mutatis mutandis to the general designer.
COMMON PROVISIONS FOR MAIN, FINAL SUPPLIERS AND FINAL SUPPLIERS
Preparation and documentation for the conclusion of contracts
(1) In order to prepare a contract with a foreign customer, professional assistance from the main supplier and, where necessary, information offer are used.
(2) Suppliers are required to provide customers, at their request and under agreed conditions, with professional assistance in the preparation and conclusion of an export customer's contract with a foreign customer in addressing technical issues.
(3) A worker posted abroad for the purpose of providing professional assistance must be authorised to represent the main supplier; the authorisation shall entitle all technical issues of the commercial case to be addressed and, in addition, any other issues that will be agreed between the export customer and the main supplier before the authorisation is issued. Any arrangement of an export customer with a foreign customer, with which a worker authorised by the principal supplier has given his consent in writing within the framework of his authorisation, shall bind the principal supplier to the export customer.
(4) At the request of the exporter, the main supplier shall submit only an information offer. The technical and commercial data contained therein are indicative only. If project work needs to be carried out in order to prepare an informative offer, the organisation must agree on their scope in advance; the costs associated with this are borne by the export customer. The nature of the informative offer is also offered, developed as a type for multiple business cases.
(1) If a foreign customer provides the export customer with its own project documentation, it must be transmitted to the main supplier at the same time as the demand.
(2) If an export buyer is to participate in a tender on the basis of the offer of the main supplier, it is obliged to refer the foreign language version of the competitive conditions to the main supplier at the same time as the demand. Where the competitive conditions are in the Russian, German, English or French language, the export buyer shall, at his request, provide the main supplier with linguistic assistance. In other cases, unless otherwise agreed by the organisation, the demand shall be deemed to have been applied only on the date on which its binding Czech or Slovak text is delivered to the main supplier.
Draft contract (offer)
(1) The main contractor shall submit a draft contract (tender) in duplicate. Where a tender project is part of it, it shall be submitted at the same time as it. In the absence of the case referred to in Article 323 (5) of the Act, the export buyer shall pay only the costs of drawing up the tender, even if the contract has not been concluded; the estimated amount of these costs shall be communicated by the main supplier to the exporter upon request without undue delay. The export buyer may inform the main supplier in demand that failure to comply with the deadline for the transmission of the draft contract makes the draft contract unfit. In such a case, the main supplier shall not be entitled to reimbursement of the costs associated with the drawing up of the tender, unless, within 15 days of receipt of the demand, he notifies the exporter, stating the reasons why he cannot submit the tender within the requested time limit.
(2) The 15-day period (Paragraph 323 (2) of the Act) for other suppliers (final suppliers, or final subcontractors, as the case may be) is reasonably shortened in such a way that the main supplier can meet this deadline vis-à-vis the export customer. However, if the contract is a tender, suppliers are obliged to give their opinion even if they agree to submit the contract within the time limit specified in the demand.
(3) If the supplier asks to supplement the demand that is not sufficient to produce the draft contract and the customer fails to complete it within the agreed deadline, the supplier shall have the right to refuse to submit the tender. The supplier may only apply the demand replenishment requirement within a 15-day period (Article 323 (2) of the Act) or, where appropriate, within a time limit shortened in accordance with paragraph 2.
(4) If an agreement is reached on the subject of performance, the export buyer shall at the same time agree to the overall technical concept of the tender project, unless otherwise agreed.
PROJECT DOCUMENTATION
Type, scope and content
(1) The nature, scope and content of the project documentation, as well as the manner in which it is drawn up and the share of the supplier organisations, together with the full function of the general designer, are determined in accordance with the rules on export supply documentation. *)
(2) Where an export buyer only asks for the delivery of the first-degree project documentation, the main supplier shall comply with the application for consideration if the export buyer envisages the conclusion of a supply contract in the list of that export investment unit to be supplied on the basis of that documentation.
Verification
The organisation shall agree in the contract how the project documentation is checked. If the method of verification has not been agreed, it shall be carried out at least within the agreed delivery range.
Liability
(1) The general designer (main contractor) may, if agreed, take responsibility for the compliance of the sub-projects developed abroad as well as for the accuracy and completeness of the whole project, together with the accuracy of the technology used.
(2) Defects or errors of the overall technical concept approved by the export customer shall not be considered as defects.
(3) The defects must be claimed against the general designer no later than 15 days after the date on which the main contractor received the timely complaint from the exporter; otherwise the right of liability for defects ceases to exist.
ADDITIONAL CONDITIONS OF MACHINERY AND EQUIPMENT FILES
Quantity
(1) The method of determining the quantity is laid down in the contract.
(2) The weighting data provided for in the contract shall be considered binding only if they have been so explicitly indicated. The permissible weighting tolerances and the consequences of exceeding them shall be agreed in the contract.
(3) The supplier shall only be obliged to obtain an official identification of the quantity on the customer's cargo if the customer so requests in due time and in advance.
Quality
(1) Where the quality of each product is agreed within an export investment unit, the supplier shall, at the request of the customer, certify it in the manner agreed in the contract, unless that obligation is laid down in a specific regulation.
(2) Improvements or adjustments linked to project, design and similar changes, if they are proposed after the conclusion of the contract, may only be made on the basis of prior agreement between the organisations.
Supporting and technical documentation
(1) The organisation shall always define in the contract the type of accompanying and technical documentation explicitly or by reference to the relevant provisions. If the export customer and the principal supplier do not agree otherwise in the contract, the main supplier shall be obliged to pass on the accompanying and technical documentation to the export customer in accordance with the applicable rules, namely:
(a) the documentation necessary for the implementation of the foundations (e.g. data for base plans, dimensional sketches) no later than 3 months before the delivery of the equipment concerned begins;
(b) documentation for assembly, if carried out by a foreign customer (e.g. total assembly of equipment, assembly of sub-installations, special installation instructions, regulations, standards), not later than one month before the assembly starts;
(c) the documentation necessary for putting the equipment into service and maintaining it (e.g. operating instructions, instructions for putting into service, maintenance and repair, propulsion scheme, lubricating schemes, lubricating plan and lubricating data, assembly of ball bearings and their specifications) at the latest before the deadline agreed for termination of installation.
(2) The supplier supplies documentation in Czech or Slovak. If the exporter so requests, the main supplier shall supply documentation in Russian, English, French or German. The export customer shall provide him with linguistic assistance upon request. The organisation shall agree on the reimbursement of translation costs.
(3) The supplier shall, at the request of the customer and at his expense, supply his usual supporting documents and information necessary for the production of the promotional material if the customer cannot obtain them himself.
Method of implementation, delivery times, delivery schedule
(1) Organisations may agree on separate transactions and delivery periods for deliveries carried out within a set of machines and equipment, i.e. for delivery of project documentation, machinery and equipment and assembly. Organisations may agree partial delivery periods for partial deliveries under separate transactions. Delivery periods or partial delivery periods, where appropriate, shall be agreed by the organisation for a quarter or a month as a general rule.
(2) Gradual deliveries are permitted; they may, however, not earlier than three months before the first day of the delivery period agreed, unless the organisation agrees otherwise.
(3) If compliance with the delivery deadlines of the supplier is dependent on the fulfilment of the customer's obligations, the organisation shall negotiate in the contract the time limits for the fulfilment of those obligations.
(4) Where important forgings or castings or boiler bodies are threaded for reasons for which neither the supplier nor its other suppliers are responsible, the customer shall, at the supplier's request, negotiate a new delivery period, corresponding to the time strictly necessary to provide for compensation for the scrap; This applies only where the smelting is negotiated as a case of force majeure in a contract concluded between an export customer and a foreign customer. The supplier shall notify the customer in writing of the smashing without undue delay. The main supplier, at the request of the exporting customer, shall demonstrate by confirming the Czechoslovak Chamber of Commerce that the smelting took place for reasons for which he is not responsible. Repeated smelting of the same piece does not justify further extension of the agreed delivery period.
(5) Where an export buyer requests the production of a delivery schedule corresponding to the assembly sequence, taking into account the nature of the export investment unit, the main supplier is obliged to accept such a request. Failure to comply with the deadlines set out in the schedule shall not constitute grounds for charging and enforcing periodic penalty payments.
Delivery performance
(1) If, during the partial filling of machinery and equipment, the customer has not sent the supplier the transport disposition within the agreed time limit, if he has withdrawn it before dispatch, or if it has not been possible to carry out loading or dispatch for another obstacle to the customer, the supplier shall be entitled to comply with the provisions of Section 168 (2) of the Act.
(2) The supplier is entitled to comply with Paragraph 168 (2) of the Act also where the customer cannot immediately dispatch abroad due to delayed performance of the supplier.
Storage and dispatch from storage
(1) In cases where the delivery (partial delivery) has been met pursuant to Paragraph 16 (1), the supplier is obliged, at the request of the customer, to store the delivery on its cargo under a contract pursuant to Section 353 of the Act. the organisation's storage period shall be agreed, but the supplier shall, at the customer's request, store the supply at least until the last day of the delivery period.
(2) In cases where the delivery (partial delivery) has been carried out in accordance with Paragraph 16 (2), the supplier is obliged to store it on his cargo and danger for a period of time strictly necessary. the liability period for defects, calculated from the delivery of the last substantial part, is also extended.
(3) Where machinery and equipment are stored, the supplier shall send them without undue delay upon receipt of the customer's transport disposition.
Transfer of ownership and management
(1) The fulfilment of the supply transfers ownership (administration) to customers.
(2) The risk of accidental destruction or deterioration passes from supplier to customer at the same time as ownership (administration).
Monuments, transport disposition, transport
(1) The main supplier is obliged to send to the export customer no later than 21 days before the intended dispatch a preliminary indication of the readiness of the machinery and equipment to be shipped with their name and specification, the approximate weight, the approximate number of collis, etc., so that export documents can be issued. The main supplier shall provide this information as accurately as possible for ship shipments. The export customer shall send the transport disposition to the main supplier and all necessary export documents no later than 10 days after receipt of the label. Organisations may also negotiate other deadlines.
(2) If the principal supplier does not send the dispatch label (paragraph 3) at the same time as the dispatch, he shall send a telegram or telex to the export customer no later than 24 hours after the dispatch, containing a reference to the pre-export label sent, the indication of the consignment, the gross weight, the number of collis and, in the case of wagons, the wagon numbers.
(3) No later than 48 hours after the dispatch, the main supplier shall send to the export customer, in addition, a proper dispatch label with a second copy of the dispatch document and, where appropriate, other documents as specified by the export customer in the transport available. The label shall include the identification of the export investment unit, the exact number of collis (boxes, packages, bundles and the like) sent, their individual and total gross and net weight and their dimensions and the exact specification of the contents of the consignment, broken down by Collis, where applicable, with reference to the individual items of the overall technical specification, mode of transport and destination, unless otherwise agreed.
(4) The sending label shall be drawn up in the Czech or Slovak language, unless the organisation agrees to a copy of the label in another language.
(5) In the case of line deliveries, the principal supplier's obligations under the preceding paragraphs shall be fulfilled by the sender. In such cases, however, both shippers and recipients (export customers) are required to inform the main supplier of the signed copy at all times.
(6) The export customer shall ensure the transport of all parts of the supply to his account and the danger to his destination.
(7) The special vehicles of the supplier (s) must be returned to the supplier after unloading of the load on a paid basis.
Prices
The supplier shall indicate the price in the draft contract.
Verification of filling
(1) The quality control of the export customer, the receipt of supplies and the tests agreed in the contract between the organisations are used to verify transactions.
(2) The supplier shall demonstrate the conduct of tests which are the usual part of the exit check by delivering the usual certificate; Such tests shall not be repeated unless otherwise agreed upon by the customer and his cargo.
Quality control
An export customer who does not take over the production site shall have the right to participate in an exit check or to request that an exit check be negotiated in a different manner (quality control of the export customer); the quality control shall not relieve the supplier of liability for defects. In the absence of an export customer for an exit check, it shall be carried out without its participation and the export customer shall not have the right to request that the check be repeated.
Receipt
The acceptance of machinery and equipment in the supplier's plant shall be carried out only if it has been expressly negotiated in the contract under the conditions specified therein. In other cases, the receipt shall normally be made immediately after milking of individual consignments to a foreign customer if the foreign customer is obliged to carry out it; organisations may agree otherwise.
Test operation and guarantee tests
(1) At the request of the customer, the supplier is obliged to take part in a test operation performed by a foreign customer. The test operation shall be carried out after completion of the assembly and, where appropriate, the agreed tests, as a general rule, on the operating parts of the machines and equipment of the export investment unit. The method and time of execution, duration, date of entry into test operation, its additional conditions and the terms of the supplier's participation in it shall be agreed by the organisations in the contract.
(2) The test operation shall be deemed to have been successfully carried out if it achieves the results and conditions agreed upon for that purpose; in test operations, it is not necessary to achieve agreed quality technical indicators and values. If the test operation is not successful, the customer shall agree with the supplier to participate in any reasonable extension or repetition of the test operation.
(3) Where the supplier provides a performance guarantee (Paragraph 26 (1)), he shows by guarantee tests that the equipment delivered reaches agreed quality technical indicators and values. The machines and equipment must work perfectly during them without any other than maintenance interference. These tests shall be carried out no later than the end of the warranty period; the manner, duration and other conditions of the guarantee tests shall be agreed by the organisation in the contract.
(4) Unless otherwise agreed, the supplier shall inform the customer in advance, within a reasonable period of time, of the date on which both the test operation and the guarantee tests can be initiated. The collector is obliged to ensure the conditions for carrying out both the test operation and the guarantee tests under the terms of the contract.
(5) If, for reasons for which the supplier is not responsible, the test operation or the guarantee tests could not be carried out or if the test operation or the guarantee tests were not successful for the same reasons, the supplier shall agree with the customer a replacement measure. If the opposite is not demonstrated, the date referred to in paragraph 4 shall be deemed to have been the date on which the successful test operation was carried out on the installation and, where appropriate, to have demonstrated the quality of the technical indicators and values contracted.
(6) If, even before the end of the guarantee period, the supplier has not carried out the guarantee tests for the reasons for which he is responsible, although the customer has provided the agreed cooperation or performance, it shall be deemed not to have demonstrated the agreed quality of the technical indicators and values. However, the supplier may agree to extend the warranty period during which the supplier shall carry out the guarantee tests and agree on further conditions for their execution; Similarly, organisations may agree to extend the guarantee period and repeat the guarantee tests where the guarantee tests carried out in the original guarantee period have not been successful for the reasons for which the supplier is responsible. The extended guarantee period applies only to the responsibility for achieving agreed quality technical indicators (parameters) and values.
(7) The supplier shall not be obliged to repeat the guarantee tests or, if the customer has not allowed him to perform these tests, to carry them out after the end of the guarantee period.
(8) Protocols on the course and test results or other facts at the construction site shall be drawn up together between the customer and the supplier and the foreign customer, unless otherwise agreed. However, the supplier signs only the Czech or Slovak version of the Protocol, which is only binding on him; the exemption applies where the supplier's representative deals with a foreign customer for the export customer as his agent.
(9) Costs incurred in connection with testing operations and guarantee tests are borne by the customer. The supplier shall bear the costs associated with participating in the re-testing of guarantees, repeated for reasons arising from the supplier. The same applies to costs associated with participating in extended or repeated test operations.
Collaboration and superhousekeeping
Where the agreement between the export customer and the foreign customer provides for a housewarming or a superhousekeeping, the main supplier shall be obliged to participate in it at the time and under conditions agreed with the export customer.
Liability for defects (guarantee)
(1) The guarantee includes, if the nature of the supply does not agree otherwise, a comprehensive responsibility for the quality (i.e. for the material and workshop design used), for the construction of machinery and equipment, for the assembly and for the function of the export investment unit or part thereof; It also includes responsibility for achieving agreed quality technical indicators (parameters) and values (so-called performance guarantee). The performance guarantee shall be provided only if the organisation has agreed to carry out the guarantee tests, unless exceptionally otherwise assessed. A more detailed definition of liability, including the consequences of non-compliance with the agreed characteristics, shall be agreed by the organisations in the contract.
(2) The liability referred to in paragraph 1 shall be the principal supplier if:
(a) provide full project documentation for the full scope of its supply; otherwise where, under the Agreement, it has assumed responsibility for the compliance of the sub-projects developed abroad as well as for the accuracy and completeness of the technology used for the whole export investment unit;
(b) its supply includes all the machinery and equipment specified in the implementation project;
(c) its supply includes full assembly (Section 326 of the Act);
(d) none of the machinery and equipment supplied is manufactured according to the design (documentation) required by the exporter.
(3) The export customer and the main supplier or their superior central authorities may agree that the main supplier is in conformity with paragraph 1 even if one of the conditions referred to in paragraph 2 is not met.
(4) Liability of the main contractor does not apply to defects of origin
(a) in project documentation, machinery, equipment or assembly, including tests, unless they are the subject of its supply; the main supplier is, however, responsible for defects caused by the characteristics of the machine or equipment which it has set out in the implementation project;
(b) the machinery or equipment supplied, manufactured according to the design (documentation) required by the exporter;
(c) that on delivery of the assembly, the export customer did not act according to the installation orders of the main supplier. However, the main supplier is obliged to draw the attention of the export customer to this effect in such a way that the export customer is able to remove the assembly defects before completion.
(5) At the request of the export customer, the main supplier shall agree that the export customer shall negotiate with the foreign customer a longer period of liability than 1 year after the placing in service of the machinery and equipment if this extension corresponds to the agreed time of the test operation; the two-year delivery period of the last substantial part shall also be extended by the same period.
(6) The provisions of the preceding paragraphs shall also apply to final suppliers and final subcontractors.
(1) The supplier is only responsible for individual machines and equipment if he is not liable under § 26.
(2) The guarantee for individual machines and equipment includes:
(a) responsibility for their quality (i.e. for the material and workshop design used) and also for the construction, if applicable, of machinery and equipment, manufactured according to the manufacturer's design (documentation); where machines and equipment which do not require installation or are supplied with assembly, the supplier shall also be responsible for their function and, where appropriate, their performance;
(b) responsibility for professional execution according to the supporting documents submitted and for the use of the materials specified in the dossier, if the machinery or equipment is manufactured according to the design (s) required by the customer.
(1) The supplier is responsible for products other than Czechoslovak origin only within the limits of the responsibility of the foreign supplier. The supplier is responsible for refractory linings pursuant to Paragraph 65 (2).
(2) Where products which are the result of research or development and which are so identified in the contract are included in the supply, organisations may agree on the extent of liability, taking into account the nature of the products and their impact on the supply.
(3) If the customer or, where appropriate, someone else brings the equipment (part of it) into the test operation without the agreed participation of the supplier, the supplier is not responsible for the function or for achieving the agreed quality technical indicators (parameters) and values.
(4) Where a customer or a foreign customer, without the consent of the supplier, makes corrections to the machines or equipment delivered or any other change, it is assumed that the deterioration of the characteristics of the machinery or equipment is caused by the customer; This does not apply in cases where the supplier is late in making the repair or if it concerns the removal of minor defects which must be removed without undue delay.
(5) If the supplier has carried out successful guarantee tests, this proves that the equipment achieves agreed quality technical indicators and values.
Complaints and proceedings
(1) The collector (with the exception of the export customer) is obliged to complain within 7 days of the date on which he received the timely complaint from his customer, otherwise his right of liability ceases to exist.
(2) The removal of defects shall consist, at the choice of the supplier, in the repair, replacement, or, where appropriate, in the addition of machinery, equipment or parts thereof, or, where the organisation is satisfied, in the provision of a reasonable price discount; if the supplier is responsible for the performance, the organisation is already obliged to negotiate in the contract the method of calculating the discount or other consequences in case the supplier fails to carry out the guarantee tests successfully within the time limit agreed for them. The supplier shall, in addition to the complaints, remove defects on the equipment supplied by him, which have occurred in connection with the complaints, if they have been advertised without undue delay after the defects have been detected. If the defects have not been recovered without undue delay and if they have been increased as a result, the supplier shall be obliged to remove them within the agreed time limit, but shall bear the costs only up to the amount of the costs which would have been incurred if the defects had been recovered without undue delay.
(3) If the supplier does not remove the defects for the reasons for which he is responsible, within the agreed time limit, or if there are minor defects, the removal of which does not suffer delay and the defect is therefore removed by the customer or by a foreign customer, the supplier is obliged to compensate the customer for the cost of the repair.
(4) Where the removal of the defect is carried out on the spot and unless otherwise agreed, the customer shall provide auxiliary personnel and equipment such as scaffolding, lifting agents, small-scale materials and auxiliary materials, as well as electrical and other energy, fuels, steam, water, gas, compressed air, to the extent strictly necessary for the repair. The costs associated with this may only be claimed by the buyer from the supplier to the extent that he is obliged to pay them to his next customer.
(5) When making repairs at the production plant, the customer shall ensure the transport of defective items to be repaired and re-transported after the repair is carried out on the load and the supplier's danger. The changed defective items shall be returned by the buyer to the supplier at his request within 6 months after the replacement.
(6) The obligation of the supplier to make corrections to the customer's cargo (Section 329 (3) of the Act) also applies to cases where, as a result of force majeure, the responsibility of the exporting customer towards the foreign customer ends later than that of the supplier.
(7) If the supplier does not express within 30 days of receipt of the claim that he accepts the claim or for what reasons he refuses it, he shall be deemed to recognise the claim.
(8) Complaints of defects in quantities applied to the supplier shall be handled by the consignor in the case of en route supplies on behalf of the supplier.
MONITORING WORK
Basic provisions
The provisions of this Part shall apply to the supply of assembly, carried out as or as part of an export investment unit.
Installation
The installation is meant the placing and complete assembly of machinery, equipment and structures in an agreed place in such a way that they are capable of operation and - if the nature of the supply does not imply otherwise - the tests provided for in Paragraph 38.
Revision and repase
The revision means, as a general rule, carrying out control measures (such as partial dismantling) and measuring the supplier in order to determine the condition of supplied machinery and equipment. Rehabilitation means making modifications to and repairs to machinery and equipment, or assembly, the need of which results from the revision carried out and which, for any reason, the supplier is not obliged to carry out under his responsibility for defects. The costs of the requested revision, as well as the costs of the repas, are borne by the customer.
Demand
(1) The demand for the assembly delivery generally includes:
(a) the brief characteristics of the article of assembly, indicating whether a complete, partial or, where appropriate, special assembly is required, with the specification of its scope,
(b) method of assembly,
(c) the requirement to carry out the tests;
(d) the date of completion of the installation;
(e) the start date and duration of the test operation;
(f) the characteristics of the installation site (e.g. location, climatic conditions, altitude, transport possibilities and connections, the possibility of water supply, electricity, compressed air, wood, working hours at the assembly site, the qualification of auxiliary personnel).
(2) If both delivery and assembly are to be included, the customer must apply the requirement in a single demand or at least reserve additional application. In that case, it shall be obliged to send a separate installation demand within the period agreed with the supplier for that purpose. If these conditions are not met, the supplier is obliged to submit an installation offer if this would not seriously jeopardise his other planned tasks.
Draft contract (offer)
(1) Paragraph 7 (2) and (3) shall apply mutatis mutandis to contracts for the supply of assembly. However, in the case of simple deliveries, a contract may also be made by a declaration from the supplier that it accepts demand without change as a draft contract.
(2) If the customer does not reserve, in the demand for a joint bid, the supplier submits a draft contract (offer) for the supply of assembly, as a general rule, separately, even if the demand for the supply of assembly is part of the demand for the supply of assembly and equipment. the contract proposal shall be submitted by the supplier in duplicate.
(3) In addition to the data contained in the request, the supplier may indicate in particular in the draft contract:
(a) time limit (s) for the gradual preparation of assembly centres and for the start of assembly;
Contents
ČÁST PRVNÍ
§ 1
ČÁST DRUHÁ
§ 2
§ 3
§ 4
ČÁST TŘETÍ
§ 5
§ 6
§ 7
ČÁST ČTVRTÁ
§ 9
§ 10
§ 11
ČÁST PÁTÁ
§ 12
§ 13
§ 14
§ 15
§ 16
§ 17
§ 18
§ 19
§ 20
§ 21
§ 22
§ 23
§ 24
§ 25
§ 26
§ 27
§ 28
§ 29
ČÁST ŠESTÁ
§ 30
§ 31
§ 32
§ 33
§ 34
§ 35
§ 36
§ 37
§ 38
§ 39
§ 40
§ 41
§ 42
§ 43
§ 44
§ 45
§ 46
§ 47
§ 48
§ 49
§ 50
§ 51
§ 52
§ 53
§ 54
§ 55
§ 56
§ 57
§ 58
§ 59
ČÁST SEDMÁ
§ 60
ČÁST OSMÁ
§ 61
§ 62
§ 63
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Regulation Information
| Citation | Decree of the Ministry of Foreign Trade and Heavy Engineering No. 1 / 1965 Coll., which issues the basic terms of supply of export investment units |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 03.01.1965 |
|---|---|
| Effective from | 03.01.1965 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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