Decree of the State Arbitration of the Czechoslovak Socialist Republic No. 112 / 1972 Coll.
Decree of the State Arbitration of the Czechoslovak Socialist Republic amending and supplementing Decree No. 131 / 1964 Coll., as amended by Decree No. 38 / 1966 Coll.
Valid
Effective from 01.01.1973
112
DECLARATION
State Arbitration of the Czechoslovak Socialist Republic
of 20 December 1972
amending and supplementing Decree No. 131 / 1964 Coll., as amended by Decree No. 38 / 1966 Coll.
The State Arbitration of the Czechoslovak Socialist Republic, in cooperation with the Ministry of Industry of the Czech Socialist Republic and the Ministry of Industry of the Slovak Socialist Republic and after consulting the participating ministries, provides pursuant to § 392 paragraphs 1 and 2 and § 395 point (a) of Economic Code No. 109 / 1964 Coll., as amended by Act No. 138 / 1970 Coll.:
Decree of the Ministry of Consumer Industry No. 131 / 1964 Coll., which issues the basic conditions for the supply of consumer products, as amended by Decree No. 38 / 1966 Coll. is amended as follows:
1. Paragraph 39 shall be added at the end by the words "Bios agricultural products'.
2. the following shall be added at the end of Paragraph 40 (2):
| „výrobky zemědělské techniky Bios | 6 měsíců. |
However, where the products or packages of agricultural equipment are equipped with electro-, thermo-or hygrostatic equipment, draft contracts shall be submitted no later than 6 months before the beginning of the calendar year in which the delivery is to take place. ';
3. The first sentence of Paragraph 42 (1) shall be supplemented by the following: "in the case of products of wood-based impregnated, building-jointed, wood-based packaging 'the words" in the case of products of agricultural technology Bios' are inserted:
4. Part two is added by the sixth text:
SUPPLIES TO INTERNAL TRADE ORGANISATIONS
The previous provisions of the Order shall apply to supplies to internal trade organisations, unless otherwise specified in this Section.
In order to better meet the needs of the internal market, socialist production and trade organisations also conclude other agreements on other forms of cooperation, in particular:
- contracts (agreements) for cooperation on supply security for the internal market,
- long-term supply contracts for selected product types and supply preparation contracts.
Contracts (agreements) on cooperation in supply security for the internal market
(1) The purpose of the contract (agreement) on cooperation in the provision of supplies for the internal market is to improve the satisfaction of the needs of the internal market through continuous continuous cooperation between the participating organisations.
(2) The Treaty (Agreement) is concluded by the Directorate-General for Industry and Trade or by associations of production and consumption cooperatives or by the regional consumer cooperatives. Where the contract (agreement) is concluded by subordinate supplier and customer organisations (undertakings), the prior agreement of the superior authorities is necessary for its validity.
(3) The contract (agreement), where concluded by the superior authorities, must include their undertaking to ensure that their subordinate organisations act in accordance with it.
(1) The Treaty (Agreement) on cooperation in the security of supply for the internal market shall, as a general rule, include:
- the system, forms and methods for examining consumer demand so that they can serve as a basis for the long-term development of production and sales, for drawing up national and economic plans for the development of the national economy and for ensuring the supply of products;
- collection rules, in particular the method of drawing up, approving, submitting and replacing collections, etc.;
- the contractual arrangements, in particular the organisation, course and procedure for the personal conclusion of supply contracts (contracts);
- an arrangement that, if personal negotiations (contracts) are not concluded by the conclusion of a delivery contract, the organisations concerned shall conclude the contract no later than 30 days after the conclusion of the contract under the agreed property sanctions;
- promotion, advertising, catalogues, etc.;
- arrangements for the packaging and labelling of products.
(2) The Treaty (the Agreement) will be established if the agreement on its whole content is reached.
Long-term contract on deliveries of selected product types
(1) The purpose of the long-term contract for the supply of selected product types is to ensure, within the framework of the planned management, the requirements of the internal market for production and supply in due time with a multiannual perspective and to create conditions for the long-term formulation of production programmes, modernisation of production facilities or the preparation of investment projects.
(2) The contract is concluded by the (General) Directorates-General and trade-related undertakings or associations of consumer cooperatives or their regional authorities.
(3) The contract shall specify, in particular, the volume of supplies and purchases of selected product types and property penalties in the event that the contracting parties do not ensure that their subordinate organisations conclude on the agreed extent of supplies and on the agreed dates of the economic contract (contract for preparation of supplies or supply contract).
(4) The Treaty will be established if agreement is reached on the whole of its content.
Contract for the preparation of supplies of agreed products
(1) The subject of the contract for the preparation of supplies of agreed products shall be the security of supply of products, the nomenclature of which shall be agreed by the superior Directorate-General (General) and trade and consumer associations or associations of consumer cooperatives or their regional authorities (hereinafter referred to as "agreed products').
(2) No later than 30 days after receipt of the agreement of the superior authorities on the volume of supplies for the relevant year referred to in paragraph 1, suppliers and customers shall be required to conclude a supply preparation contract indicating the amount and breakdown of supplies of the agreed products at least to the extent of the agreement of the superior authorities, to determine the distribution of supplies for each contractual period (usually quarterly) and to assume the obligation to conclude supply contracts for those products.
(3) If one of the organisations fails to conclude a contract for the supply of the products agreed upon for the relevant contractual period, it shall pay the other organisation a property penalty of 5% of the retail price of the products for which the contract for the supply of the products has not been concluded; This is without prejudice to the obligation of the organisation to conclude a contract for a specified volume of supplies.
Contract for the preparation of supplies of intended products
(1) The contract on the preparation of supplies is also concluded for supplies of basic types of consumer products as defined by the Agreement of the Ministry of Trade of the Czech Socialist Republic and the Ministry of Trade of the Slovak Socialist Republic with the Ministry of Industry of the Czech Socialist Republic and the Ministry of Industry of the Slovak Socialist Republic (hereinafter referred to as "the designated products") * and supplied by production state economic organisations (hereinafter referred to as "suppliers") to internal trade organisations (hereinafter referred to as "customers").
(2) No later than 30 days after receipt of the agreement of the superior directorates-general and trade-related undertakings or associations of consumer cooperatives or their regional authorities on the volume of supplies of intended products for the year in question, suppliers and customers are required to conclude a contract for the preparation of supplies indicating, at least to the extent of the agreement of the superior authorities, the allocation of supplies for each contractual period (usually quarterly) and the obligation to conclude supply contracts for designated products.
(3) If one of the organisations does not conclude a contract for the supply of those products for the relevant contractual period, it shall pay the other organisation a property penalty of 5% of the retail price of the products for which the contract for the supply of the products has not been concluded; This is without prejudice to the obligation of the organisation to conclude a contract for a specified volume of supplies.
(4) The supply contracts for the intended products must contain an obligation to supply a complete, colour, design and size range of different product types in each month.
Specific provisions
(1) If the customer so requests, the supplier of the products for the internal market is under normal conditions obliged to conclude a supply contract in the quantity and in the product mix and price composition that he was obliged to perform in the previous year, unless the schedule of the central authority of the superior supplier is otherwise determined.
(2) If the customer has made a legitimate claim to the consumer, the supplier shall recognise the claim to the same extent, if it is a defect for which the supplier is responsible.
(3) The products used, returned by the consumer after repair (after removal of defects) must not be supplied as new products and are always classified in the lower class.
(4) The supplier shall be entitled to dispatch at the last delivery in the relevant delivery period the necessary part of the products, but not more than 20% of the products of the last shipment, which are to be delivered in the next subsequent period under the contract already concluded.
(5) For non-compliance with the provisions of Paragraph 15 (3), the supplier is obliged to pay the customer a penalty of Kčs 200 for each case.
(6) Paragraph 8 shall not apply to supplies to internal trade organisations; derogations from the contracted quantity may, however, be agreed.
(7) Paragraph 17 (1) does not apply to supplies to internal trade organisations.
(8) The supplier shall cooperate with the customer to draw up supporting documents on the proposal for the statistical acceptance of the products and to comment on the proposal for its implementation. '
This Decree shall take effect on 1 January 1973.
Main Arbiter
Czechoslovak Socialist Republic:
Brandeys v. r.
*) The list of designated products is published in the Central Journal of the Czech Socialist Republic and the Central Journal of the Slovak Socialist Republic.
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Regulation Information
| Citation | Decree No. 112 / 1972 Coll., amending and supplementing Decree No. 131 / 1964 Coll., as amended by Decree No. 38 / 1966 Coll. |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 27.12.1972 |
|---|---|
| Effective from | 01.01.1973 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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