Decree of the Minister for Foreign Affairs No. 101 / 1989 Coll.
Decree of the Minister for Foreign Affairs on General Conditions for the supply of goods between Member States' organisations of the Council for Mutual Economic Assistance
Valid
Effective from 06.07.1989
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101
DECLARATION
Minister for Foreign Affairs
of 28 August 1989
on the general conditions for the supply of goods between the organizations of the Member States of the Council of mutual economic assistance
At the 129th meeting of the Joint Economic Assistance Council Executive Committee in Moscow on 11 October 1988, the General Conditions for the supply of goods between the organisations of the Member States of the Council of mutual economic assistance were adopted.
The Federal Assembly of the Czechoslovak Socialist Republic has agreed with the General Terms and Conditions for the supply of goods between the organizations of the Member States of the Council of Economic Assistance and has ratified them.
The general conditions for the supply of goods between the organizations of the Member States of the Mutual Economic Assistance Council entered into force on 6 July 1989 for the Czechoslovak Socialist Republic.
The general conditions for the supply of goods between the organizations of the Member States of the Council of mutual economic assistance are further bound by the People's Republic of Bulgaria, the Republic of Cuba, the People's Republic of Hungary, the People's Republic of Mongolia, the German Democratic Republic, the People's Republic of Poland, the Union of Soviet Socialist Republics and the Socialist Republic of Vietnam.
The Czech translation of the General Conditions for the supply of goods between the organizations of the Member States of the Council of mutual economic assistance shall be published at the same time.
Minister:
JUDr. Johanes v. r.
GENERAL CONDITIONS
for supplies of goods between the Member States' organisations of the Mutual Economic Assistance Council (VDP RVHP 1968 / 1988)
All supplies of goods between the organizations of the Member States of the Council of mutual economic assistance authorised to conduct foreign trade shall be made in accordance with the following General Delivery Conditions.
In those cases where the parties conclude at the time of conclusion of the contract that, due to the specificities of the goods and / or the specificities of their delivery, the derogations may be agreed in the contract.
Conclusion, amendment and termination of the contract
1. The proposal shall mean a notice of intent to conclude a contract addressed to a potential buyer or seller and containing at least all the essential elements of the contract. The subject matter of the contract, quantity, price (certain or certain) *) is essential to the contract under these General Delivery Conditions.
2. The adoption of a proposal shall be understood as a report sent to the appellant in response to the proposal for conclusion of the contract and containing agreement with all the elements of the contract.
3. The order is considered as a proposal, and the receipt of the order also means confirmation of the order.
4. The proposal and the adoption of the proposal shall enter into force when the other Party receives it. If, before receiving a proposal (or accepting a proposal), the other party receives its appeal, the proposal (or accepting a proposal) shall not enter into force.
1. The proposal is binding on the proposer, i.e. it cannot be withdrawn or amended unless otherwise specified.
2. The draftsman shall be bound by his proposal for the period referred to therein (deadline for adoption) from the moment the proposal enters into force.
3. If it has not set a deadline for the adoption of the proposal, it shall (in relation to the absence) be bound by its proposal for a period of 30 days from the date of dispatch of the proposal.
The contract shall be deemed to be concluded:
(a) among those present - at the time of its signature by the Contracting Parties;
(b) between absent persons - the moment when the appellant receives the unconditional acceptance of the proposal within the time limit for the adoption of the proposal pursuant to Article 2 (2) and (3).
2. If the appellant receives a report on the adoption of the proposal after the deadline for the adoption of the proposal, such report shall be deemed to be a new proposal.
3. However, a delayed report on the adoption of a proposal shall be deemed to have been accepted if the proposing party informs the other party in writing without delay that it considers the contract to be concluded.
4. Where it is clear from the report of receipt of a proposal received with delay that it was sent before the deadline for receipt of the proposal, it shall be deemed to be late only if the party making the proposal immediately informs the other party of the late receipt of the report.
5. The reply to the proposal in which the intention to accept it is expressed, but containing other or different conditions, is a rejection of the proposal and is considered a new proposal.
6. The provisions of these General Delivery Conditions applicable to the conclusion of contracts between the absent persons shall also apply to the case where the contract is concluded by the transmission of a draft at the time of the hearing or by sending of a draft contract signed by one party by post and the return of the draft signed by the other party at the subsequent hearing or by post.
1. The proposal and the adoption of the proposal shall be valid on condition that it is made in writing. In writing, telegraphic or telex communications shall also be considered.
(2) The supplements and amendments to the contract and its termination by agreement of the Parties shall apply provided that they have also been made in writing.
All annexes to the contract, such as technical conditions, specifications, special test conditions, packing, marking, loading and other clauses referred to in the contract or in which, by agreement of the Parties, the contract is withdrawn shall form an integral part of the contract.
Since the conclusion of the contract, all previous correspondence and negotiations on the contract shall cease to be valid.
The Agreement may be amended or repealed by agreement of the Parties.
2. A unilateral withdrawal from a contract or a unilateral amendment to the terms of the contract shall not be permitted except in the cases directly provided for in these General Conditions of Delivery, bilateral agreement or contract.
Delivery condition
In the case of rail transport, deliveries shall be made under the conditions of the franco wagon border of the country of the seller, whereby:
(a) the seller shall bear the costs of transporting the goods to the national border of his country; the costs for the transfer of goods and / or the replacement of wagon gearing are borne by the purchaser;
(b) the ownership of the goods and the risk of accidental destruction or accidental damage to the goods is transferred from the seller to the buyer at the time when the country of the seller's rail transfers the goods to the railway of the receiving goods;
(c) the date of delivery shall be the date of the stamp of the border station on the bill of lading where the railway of the country of the seller transmits the goods to the railway of the receiving goods.
In the case of motor vehicles, deliveries shall take place at the place of loading of the goods on the means of transport of the buyer; if the goods are supplied by means of means of transport of the seller outside the national border of his country, the franco instead of a customs inspection at the border customs office of the country bordering the country of the seller, whereby:
(a) the seller shall bear the costs of transporting the goods to the place where the goods are translated into the means of transport of the purchaser; where the goods are supplied by means of means of transport of the seller outside the national border of his country, the seller shall carry the costs to the point of inspection of the goods by the border customs office of the country bordering the country of the seller;
(b) the right of ownership to goods and the risk of accidental destruction or accidental damage to goods shall pass from the seller to the buyer at the time the goods are taken over from the means of transport of the seller to the means of transport of the buyer; where the goods are supplied by means of means of transport of the seller outside the national borders of the country of the seller - at the time the goods are inspected by the border customs office in the country bordering the country of the seller;
(c) the date of the proof of receipt of the goods by means of means of transport of the purchaser shall be deemed to be the date of delivery; in the case where goods are supplied outside the national borders of the country selling the means of transport of the seller - date of inspection of the goods by border customs in the country bordering the country of the seller.
1. In the case of transport by water, deliveries shall take place under the conditions of FOB, CIF or CFF port provided for in the contract.
2. In case of delivery under FOB:
(a) the seller shall carry all the costs until the goods are loaded on board the ship. However, the parties may agree in the contract that the seller bears the cost of loading the goods into the ship's premises, including the cost of storing the goods (stacking);
(b) the ownership of the goods and the risk of accidental destruction or accidental damage to the goods passes from the seller to the buyer at the time the goods are transferred to the ship at the loading port;
(c) the date of delivery shall be the date of the on-board bill or river load sheet.
3. For delivery under CIF and C F conditions:
(a) the seller shall bear all transport charges until the ship arrives at the port of unloading; all costs for unloading goods from ships' premises are borne by the purchaser, but in the case of transport on liner ships where the costs for unloading the goods are included in the freight, the buyer does not replace those expenses for the seller;
(b) the ownership of the goods and the risk of accidental destruction or accidental damage to the goods passes from the seller to the buyer at the time the goods are transferred to the ship at the loading port;
(c) the date of delivery shall be the date of the on-board bill or river load sheet.
4. In the case of transport by water, a contract may be negotiated which of the parties bears the costs of separation material.
In the case of air transport, supplies shall be made on condition of a franc instead of the transfer of goods to an air transport organisation in the country of the seller, whereby:
(a) the seller shall bear all the costs until the goods have been transferred to the air transport organisation in his country;
(b) the ownership of the goods and the risk of accidental destruction or accidental damage to the goods is transferred from the seller to the buyer at the time the goods are transferred to the air transport organisation in the country of the seller;
(c) the date of the air waybill shall be deemed to be the date of delivery.
In the case of postal services, supplies shall be made on the condition of the consignee's franc, provided that:
(a) the seller shall bear all transport costs until their destination;
(b) the right of ownership of the goods and the risk of accidental destruction or accidental damage to the goods is transferred from the seller to the buyer at the time the goods are transferred to the post office of the country of the seller. The right of claim under the contract of carriage concluded with the post shall pass from the seller to the buyer at the time of transmission of the consignment to the post office of the country of the seller;
(c) the date of the postal note shall be deemed to be the date of delivery.
The seller shall not be obliged to insure the goods supplied unless expressly provided for in the contract.
Delivery periods
1. Unless otherwise agreed in the contract, the bulk delivery of goods in individual lots is to take place as far as possible equally within the time limits laid down in the contract.
2. Paragraph 1 of this paragraph shall not apply to the supply of complete plants and equipment.
3. The provisions of paragraph 1 of this paragraph shall also not apply to slightly spoiled agricultural and animal goods of a seasonal nature. When supplying such goods, the Parties may agree on a timetable for consignments within the time limits set.
1. The parties may enter into fixed transactions, i.e. contracts in which it is directly stated or the content of which clearly indicates that, if the delivery deadline is not met, it is automatically cancelled or that the buyer has the right to withdraw from them without delay.
2. For contracts referred to in paragraph 1 of this Article, the seller may make the delivery after the delivery deadline only with the consent of the buyer.
1. Except in the cases provided for in the contract, the seller may make an early or partial delivery only with the consent of the buyer.
2. If the buyer does not rule out additional conditions when he agrees to an early or partial supply, the seller shall carry out the supply under the conditions laid down in the contract.
1. If the buyer fails to comply with the contractual obligations to secure the production of the seller within the agreed time limits or if the buyer changes the data submitted by the seller later, and thereby significantly complicates the work of the seller associated with the production, the seller shall be entitled to extend the delivery period accordingly, but not longer than the time of delay of the buyer in discharging the above obligations and / or to request compensation in connection with the actual damage suffered.
2. The seller shall inform the buyer in time of the extension of the delivery period.
3. In exceptional technically justified cases, in agreement between the seller and the buyer, a different technically justified period of extension of the delivery period may be established other than those provided for in paragraph 1 of this Article. However, if the Parties do not agree, the provisions of paragraph 1 of this paragraph shall apply.
1. If the contract does not specify the specific delivery times for the parts of the machinery and equipment, the date of delivery shall be the date on which the last part of the machine or equipment which cannot be put into service is delivered.
2. The provisions of this paragraph shall not deprive the buyer of rights in respect of parts which have not been delivered.
Quality of goods. Quality assurance.
1. the quality and technical characteristics of the goods may be determined in the contract by reference in particular to the standards of the RVHP, standards of other international organisations, national standards and other standard technical documentation. The quality of the goods may also be determined by reference to a sample agreed between the parties or by indicating a quality characteristic agreed between the seller and the buyer in the contract.
2. Where the quality of the goods is not laid down in the contract in accordance with paragraph 1 of this Article, the seller shall deliver the goods of the normal medium quality existing in the country of the seller when the goods are delivered and the corresponding identification of the goods referred to in the contract. Where the destination of the goods is not specified in the contract, goods of normal medium quality corresponding to the normal destination of those goods shall be supplied in the country of the seller.
1. The seller guarantees that the quality of the goods complies with the requirements of the contract, that they are free from defects and that they are fit for normal use according to their destination within the specified time limit (guarantee period), provided that such an obligation and such time limit provide for such General Conditions of Delivery or Agreement of the Parties in the contract.
2. The guarantee obligation on the quality of the goods provided for in paragraph 1 of this paragraph shall apply in particular to the quality of the material used for its manufacture, the construction of machinery and equipment (if the equipment, machinery and so on are not made up according to the drawings of the purchaser), as well as to the characteristics of the goods agreed in the contract.
3. The scope and conditions of the guarantee on technical and economic indicators of complete plants and complete equipment shall be laid down in a bilateral agreement or contract.
1. The guarantee periods shall be set: *)
(a) for articles of precision mechanics, measuring instruments, optical products and instruments - 9 months from the date of delivery;
(b) for serial machines and apparatus, for small and medium-sized equipment - 12 months from the date of entry into service, but not more than 15 months from the date of delivery;
(c) for large machinery and large equipment - 12 months from the date of entry into service but not more than 24 months from the date of delivery.
2. For complete races and complete equipment longer warranty periods can be agreed in the contract.
3. Machinery and equipment not covered by this paragraph, ships and other floating equipment, railway transport park, rail transport fleet gearing, cables as well as goods for which a guarantee, such as consumer goods intended for long-term use, is provided under the arrangements of the Parties or commercial practice, shall be provided for in the contract.
If the placing in service of a machine or device is delayed due to causes dependent on the seller, in particular as a result of failure to provide drawings, operating directives and other data or services provided for in the contract, the guarantee period calculated from the date of delivery shall be extended for the period by which the placing in service of the machinery or equipment has been delayed.
Unless otherwise specified in the contract, the warranty periods for spare parts supplied with machinery or equipment shall end at the same time as the warranty periods for such machines or equipment.
1. A guarantee shall be provided for fast-growing spare parts supplied under an agreement between the seller and the buyer, taking into account international practice. The agreed guarantees shall be laid down in the contract.
2. Unless otherwise provided for in the contract, the seller shall, at the request of the buyer, secure the supply of rapidly worn-out spare parts for which no guarantee is given or for which the warranty period is shorter than the warranty period for essential machinery and equipment, for the entire warranty period fixed for the machinery or equipment, at a quantity determined by reference to the normal use of those machines or equipment and to the normal use of those spare parts. If the price of these spare parts is not included in the price of machines or equipment, spare parts shall be supplied for remuneration.
Parts of goods delivered in exchange for defective may be covered by a guarantee, taking into account international practice.
1. At the time of performance of the contract, the seller is obliged to inform the buyer of improvements and changes to the design of the machinery and equipment covered by the contract.
2. If, after the conclusion of the contract, improvements linked to structural changes are proposed, they may be implemented only with the agreement of the Parties.
The quality of articles and parts supplied in exchange for defective shall be such as to ensure that the quality requirements laid down in the contract for the goods of which they are part are met.
1. Where the period of validity and / or storage has been agreed in the contract for certain goods, taking into account their specificities, or where such period has been provided for by a standard technical documentation (standards, technical conditions, etc.) referred to in the contract, the goods delivered shall be eligible for use or storage during that period, subject to the storage and storage conditions laid down in the contract.
2. Where the conditions of storage and storage are not laid down in the contract, but the contract contains a reference to the normative technical documentation, the conditions laid down in that normative technical documentation shall apply.
3. Where a contract provides for the period of validity and / or storage and no storage and no reference to the normative technical documentation is made, the seller shall, at the request of the purchaser, send him the normative technical documentation on the storage and storage conditions applicable to the goods in the seller's country.
4. Where the period of application and / or storage is not provided for in the contract or in the normative technical documentation referred to in the contract, the period of validity and / or storage period shall apply to the period of validity of the goods in question.
5. Unless otherwise specified in the contract or in the normative technical documentation referred to in the contract, the period of validity and / or storage of the goods shall be calculated from the date of manufacture indicated on the document certifying the quality of the goods or by any other means (label, instructions for use, marking of the goods, etc.).
6. Where the contract provides for the period of validity and / or storage of the goods calculated from the date of manufacture, the minimum period of validity and / or storage of the goods from the date of delivery shall also be laid down.
Quantity of goods
The number of colli and / or weight of quantity delivered shall be determined on transport:
1. by rail:
(a) where the number of colli and / or the weight of the goods has been determined by the dispatch of the railway station of the country of the seller, which must be confirmed by the railway representative in the relevant section of the rail consignment note - according to the rail waybill of direct international transport of the goods;
(b) if the number of colli and / or weight of goods has been determined at the dispatch station of the country of the seller of the consignor and has not been examined by the railway, the quantity of goods shall be determined on transport without translation, unless otherwise stipulated by the contract - according to the bill of lading of direct international transport of goods; where the weight and / or number of colli have been examined by the railway undertaking during the journey or at the station of destination, provided that the goods and wagons have reached the place of review in a state excluding the responsibility of the railway undertaking - according to a document confirming the results of such weighing and / or examination of the number of colli of railways compiled under the Agreement on International Carriage of Goods by Rail (SMGS);
(c) if the number of colli and / or the weight of the goods has been determined in the dispatching station of the country of the seller by the consignor and have not been reviewed by the consignor, the number of colli and / or the weight of the goods shall be determined in the case of transport with transhipment in accordance with the bilateral agreement or contract;
2. automotive - according to the transport document;
3. by water - by bill of lading or loading list;
4. by air - by air waybill;
5. by post - according to the postal note;
6. in the case of the transfer of goods to the warehouse pursuant to § 40 and 41 - according to the storage note or the certificate of storage.
The examination of the quantity of goods delivered in specified units of measure (e.g. meters, pieces, pairs, net weight, etc.) shall be carried out according to the seller's specification.
Packaging and labelling of goods
1. Where the contract does not contain a specific provision on packing, the seller shall send the goods in the package used in the country of the seller for export goods, ensuring that they can be translated in the proper and normal handling of the cargo, the integrity of the goods in transport. In individual cases, they must also take account of the length and mode of transport.
2. Appropriate lubricating of machinery and equipment to protect them from rust must be carried out before packaging.
1. A detailed packaging sheet must be inserted into each Colli.
2. In the case of supplies of equipment and machines, the packing note shall state: the identification of the machines and individual parts packed in the colli, the quantity of which, indicating the technical data according to the corresponding headings of the contract, the production number of the machine, the drawing number, the gross and the net weight and the exact marking of the colli in question, in order to establish the identity of the goods with the technical specification given in the contract.
3. One specimen of the wrapping sheet in a waterproof envelope shall be stored with the device or machine in the box or attached to the outer side of the box.
4. If the device or machine is not packed, the cover of waterproof paper to which the packing sheet is placed shall be affixed with a thin sheet plate welded directly to the metal parts of the machine.
Unless otherwise provided in the contract, the seller shall, together with the transport documents, send a single copy of the weight specification on each Colli and a document certifying the quality of the goods.
1. Unless otherwise provided in the contract, each Colli shall bear the following marking clearly in indelible colour:
the contract number and / or the buyer's order number;
Colli number;
the beneficiary;
mass net and gross in kilograms.
2. For rail transport, the marking shall comply with the SMGS requirements.
3. In the case of transport by water, the marking shall also include the dimensions of the boxes in centimetres and, where necessary, the port and country of destination.
4. In the case of transport by other means, the labelling shall comply with the rules applicable to the mode of transport concerned.
5. The seller shall indicate the specific (preventive) marking where the specificity of the goods so requires.
6. The boxes are marked on two front pages, goods not packed on two sides.
7. The designation shall be in the language of the country of the seller, translated into Russian or German.
8. For devices and machines, the number of colli is given by a fraction in which the numerator is the number of colli and the denominator is the number of colli in which the whole unit of the device is packed.
Technical documentation
1. If the contract does not specify which technical documentation is to be transmitted by the seller in connection with the performance of the contract (drawings, specifications, maintenance, use and assembly directives, etc.) and if the number of packages, methods and time limits for their delivery are not also stated, the seller shall transmit the technical documentation to the buyer according to the practice applicable in the relevant industry in the country of the seller, within such time limits as to ensure the normal use of the machines and / or equipment, putting them into service, operation and normal repair.
2. The technical documentation shall be drawn up in such a way as to ensure that the machinery and / or equipment in operation can be used normally and, in the case of complete assembly equipment, the installation is carried out unless it is stipulated by contract that the installer is performing the assembly work, and that they are further put into service, use and maintenance during use and normal repairs.
3. The technical documentation shall be drawn up in the language agreed in the contract.
4. The technical documentation shall bear the relevant contract numbers, disposition and partial delivery numbers (trans).
5. The technical documentation foreseen in the contract, which shall be sent together with the goods, shall be packed in waterproof paper or packed in another way, protecting it from damage to the common transport of the goods.
6. If the contract does not specify the time limits for the transmission of the plans of foundations or construction sites or the data necessary for the design of foundations, the parties shall agree retrospectively.
1. Unless otherwise provided for in the contract, the seller shall have the exclusive right to the technical documentation transmitted to the purchaser.
2. The purchaser has the right to use the technical documentation to which the seller has exclusive right or to allow its use only within his country and only for the operation of the machinery and / or equipment for which the documentation has been transmitted, its use and repair (including the manufacture of spare parts necessary for repair).
3. The technical documentation submitted under the contract shall not be published.
4. When the contract is cancelled, the technical documentation transmitted to the buyer shall be returned to the seller at his request without delay but no later than three months after the contract has been cancelled.
5. Where goods are manufactured in accordance with the technical documentation of the purchaser, the Parties' relations with the technical documentation shall be governed by the relevant provisions of this paragraph.
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Regulation Information
| Citation | Decree of the Minister for Foreign Affairs No. 101 / 1989 Coll., on the General Conditions for the Supply of Goods between the Organisations of the Member States of the Council of Mutual Economic Assistance |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 29.09.1989 |
|---|---|
| Effective from | 06.07.1989 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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