Decree of the Ministry of Chemical Industry No. 119 / 1964 Coll.
Decree of the Ministry of Chemical Industry issuing basic conditions for the supply of chemical products
Valid
Effective from 01.07.1964
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119
DECLARATION
Ministry of Chemical Industry
of 16 June 1964
issuing basic conditions for the supply of chemical products
The Ministry of Chemical Industry, in agreement with the participating central authorities and after approval by the main arbiter of the Czechoslovak Socialist Republic, provides, pursuant to Section 392 of Economic Code No. 109 / 1964 Coll. (hereinafter referred to as "the Act"):
INTRODUCTORY PROVISIONS
Scope
This decree regulates all deliveries
(a) chemical products, including plastic products, *)
(b) industrial fertilisers and plant protection products;
(c) rubber and asbestos products; and
(d) articles of the pulp and paper industry;
However, it shall not apply to supplies for export and from imports.
COMMON PROVISIONS
Economic contracts
(k § 152 of the Act)
(1) The collector sends the contract (order) to the supplier in at least two copies no later than 6 weeks before the quarter in which the first delivery is to be made; However, for the following products, no later than the following dates, calculated before the quarter in which the first delivery is to take place:
| a) | čisté chemikálie | 13 týdnů |
| b) | textilní a kožedělné pomocné přípravky | 11 týdnů |
| c) | materiály pro povrchovou úpravu | 9 týdnů |
| d) | výrobky z monokrystalů a syntetického křemene | 13 týdnů |
| e) | bezdýmné prachy | 8 týdnů |
| f) | plastické kůže s textilním podkladem, pogumovaný textil a konfekce z pogumovaného textilu | 13 týdnů |
| g) | nové druhy tvarovaných lisovaných výrobků nevyžadujících vývojové řešení | 18 týdnů |
| h) | nové druhy tvarovaných výrobků z lehčených hmot | 13 týdnů |
| ch) | celuloid | 11 týdnů |
| i) | pneumatiky | 7 týdnů |
| j) | dopravní pásy | 13 týdnů |
| k) | opravný materiál | 8 týdnů |
| l) | nové druhy pneumatik a vzorů (desénů) pro první vybavení a s určením pro vývoz | 30 týdnů |
| m) | pogumované výrobky, jejichž výrobu zajišťuje dodavatel podle seznamu výrobků ministerstva chemického průmyslu včetně kovových dílů | 13 týdnů |
| n) | ostatní gumárenské výrobky (klínové řemeny, technická pryž) | 8 týdnů |
| z toho hadice s ocelovými spirálami a textilním podkladem | 13 týdnů | |
| o) | výrobky z osinku | 8 týdnů |
| p) | vlákniny (dřevovina, buničina a jiné vlákniny) a sulfitové výluhy | 7 týdnů |
| r) | papíry a kartóny | 7 týdnů |
| s) | lepenky a zušlechtěné lepenky | 6 týdnů |
| t) | krytinové a izolační lepenky, izolační papíry, pásy a plsti, voskovaná plátna a voskované ubrusy, asfaltové skleněné tkaniny, podlahoviny s textilním podkladem a ubrusoviny | 8 týdnů |
| u) | zušlechtěné papíry a kartóny | 8 týdnů |
| v) | výrobky z papírů, kartónů a lepenek (kromě výrobků uvedených pod písm. w), x), y), z) | 9 týdnů |
| w) | výrobky z papírů, kartónů a lepenek u nichž je třeba zvláštních surovin, nových nástrojů nebo jiných zvláštních pomůcek | 18 týdnů |
| x) | výrobky z papírů, kartónů a lepenek s tiskem, u nichž je třeba nových štočků, nových rytin nebo nových ofsetových ploten (tj. s neopakovaným tiskem) | 13 týdnů |
| y) | nálevky (horní část zahýbaná) a napouštěné (impregnované) kotoučové cívky křídlovky, textilní dutinky a cívky v neimpregnovaném nebo impregnovaném provedení, popřípadě z plastických hmot | 12 týdnů |
| z) | ražené nálepky z kovových fólií | 15 týdnů |
(2) For the submission of a draft contract (order) to sales organisations for the products referred to in paragraph 1 (f), (i), (k), (n), (o), (r) to (z), the time limits are 2 weeks longer.
(3) Fuel, lubricating and oil collectors who have not been invited by the sales plant of the Benzina national enterprise to submit a draft contract within 6 weeks before the quarter, submit draft contracts (orders) 3 weeks before the required delivery deadline. In this case the supplier fulfills the order without confirmation.
Supplies in retail scale
(to § 153 of the Act)
For small deliveries, i.e. those for which the price of one product type does not exceed 200 CZK or where the price does not exceed 1000 Kcs, the customer shall be bound by his order for a period of three months unless he has indicated a shorter time limit. The agreement on the subject-matter and the time of performance is replaced in these cases by the provision of performance (Section 153 (2) (c) of the Act).
Quantity
(Articles 175 and 176 of the Law)
(1) Unless otherwise assessed by the organisation, the quantity delivered in each product type may deviate by a maximum of ± 5% from the quantity agreed in the contract. The provisions of Section 25 apply to supplies of products of the cellulose and paper industry.
(2) The minimum dispatch quantity is set out in the list of products (nomenclature) of the Ministry of Chemical Industry.
Transport
(to Section 180 of the Act)
The supplier shall notify all customers, or all the recipients of the partial deliveries, where the consignment is intended for different customers or recipients.
Packaging
(to Section 179 of the Act)
(2) If the supplier persists in returning the packaging, the refund of which is not provided for in the relevant packaging management rules, he shall notify the customer in due time and agree with the customer on the conditions of return and, where appropriate, the back invoice.
(3) Fuel drums and oil drums are not interchangeable from the point of view of packaging management regulations and are counted separately for each of the two groups when returning them.
(4) Frames and boards, *) as well as cardboard boxes (gross cartons and corrugated cartons) in which paper, paperboard, paperboard and paperboard and articles thereof are delivered shall be invoiced by the supplier to the customer at the rates specified in the Annex to this Decree. The collector shall return the invoiced packaging to suppliers as soon as possible and, if they do not exceed the quantity delivered on the date of return, shall invoice the supplier back the amount reduced by the payment for wear at the rates set out in the Annex to this Order. Suppliers pay for returned wooden frames and boards and cardboard boxes, regardless of the degree of wear.
Railway vans for tanks and the procedure for non-refillable residues of products supplied in railway vans
(1) Specific rules apply to the use of railway wagons belonging to supplier organisations (so-called carrier wagons). * *)
(2) If the customer cannot, although he has made use of all the possibilities, exhaust without mechanical cleaning of the wagons the remnants of products which are considered to be highly viscous and easily rigid, or of products carried in pots, he shall be entitled to require from the supplier a credit for the price of the non-refundable remainder if:
(a) return the rest of the product;
(b) indicate the weight of the balance on the consignment note;
(c) request a credit no later than 30 days after the end of the month in which the wagons were accepted for re-transport.
(3) The supplier is obliged to issue a credit card to the customer up to 300 kg of the inexhaustible rest of the product for two and three-axle wagons and up to 600 kg for four and more cars against the treadmill used for invoicing. In exceptional cases, the contract may provide for higher limits.
(4) If the customer leaves in the wagon a balance of more than 500 kg for two and three axle cars or 1000 kg for four and a multiple-load wagon against the treadmill, determined by weighing before filling, he shall be obliged to pay a penalty payment to the supplier of 50 Kns for each 100 kg of the rest of the product started above this limit. Where a contract provides for a credit for the remainder of the product above the threshold referred to in paragraph 3, the agreed threshold shall also apply to the accounting of periodic penalty payments.
(5) The transport of the rest of the product from the customer to the supplier shall be paid by the customer. In the event of a difference in the weights recorded between the customer and the supplier, if the same type of weighing is involved, the weight recorded with the supplier if the tank has been tampered with before filling.
(6) Where a supplier uses a vehicle not suitable for the transport of the product concerned, the provisions of paragraphs 2 to 4 may not be followed.
Penalties
The sales organisation which is late in supplying the products is obliged to pay the customer 1% of the price of the non-delivered products for the first day of delay and 5% of the price of the non-delivered products if the delay is longer than 1 month. †)
SPECIAL PROVISIONS
Chemical products
Propellants, lubricants and oils
(1) In the draft contract for the supply of fuel and automotive oils, customers shall indicate the quantities and the manner in which (in tanker, barrel, etc.) they will withdraw from storage and the quantities from pumps (for vouchers). Socialist organisations may only take fuel and car oils from public service stations on block vouchers (car oils for vouchers) under the conditions laid down in specific regulations. *)
(2) Block vouchers for which a fuel has not been withdrawn and vouchers for which no car oils have been withdrawn may be returned to the customer for credit only to the sales plant of the national undertaking Benzina, for which they were withdrawn, no later than one month after the end of the period indicated therein, otherwise the customer loses the right to compensate for their value. For unused vouchers, the supplier shall charge the customer a penalty payment of 1% of the price of the products for which the vouchers have not been used.
Organic colouring matter
(1) Organic colouring matter must be specified in the draft contract on the label.
(2) The supply of colours of one species of less than 100 kg is made only in a single delivery per quarter.
(3) The supply of organic dyes is negotiated in terms of quantities and prices at 100% concentration, unless otherwise agreed in the contract.
(4) Organisations may agree that a part of the quarterly quantity of colouring matter laid down by the planning act may be ordered after a period of 6 weeks (Section 2 (1)). This quantity (not usually 10%) shall be applied by separate orders submitted at any time during the quarter; the supplier is obliged to comment on the draft contract within three weeks of receipt of the order.
Chemical fibres
(1) When checking whether viscose and polyamide silk causes elasticity of fabric or knitted fabric, the customer progresses according to the relevant technical standard * *) and uses approved etalones.
(2) When determining a degree of elasticity which does not correspond to the classification of a supply intended for the manufacture of coloured fabrics or knitted fabrics in the relevant grade, the following shall apply:
(a) for the supply of viscose silk
- when determining the degree of elasticity of grade 2 silk of grade 1, the supplier shall provide a discount of 30% of the price difference between class 1 and class 2 of the titre concerned,
- when determining grade 3 elasticity in the case of Class 2 silk, the supplier shall provide a discount of 30% of the price difference between Class 2 and Class 3 of the titre concerned,
- when determining grade 3 elasticity in the case of grade 1 silk, the supplier shall provide a 40% discount on the price difference between grade 1 and grade 3 of the titre concerned. For Class 3, elasticity shall not be considered as a product defect;
(b) for supplies of polyamide silk
- for grade 2 silk, the supplier shall provide a discount of 35% of the price difference between the grade 1 and class 2 of the titre concerned,
- when determining grade 3 elasticity for silk of class 2, the supplier shall provide a 35% discount on the price difference between the class 2 and class 3 of the titre concerned,
- when determining grade 3 elasticity for grade 1 silk, the supplier shall provide a 70% discount on the price difference between grade 1 and grade 3 of the titre concerned. For Class 3 and Class 4, elasticity shall not be considered a quality defect.
(3) The conditions for determining the degree of elasticity are laid down in the technical standard. * * *)
(4) A supplier who has supplied viscose or polyamide silk whose defect consists solely in causing the fabric or knitted fabric to be elasticity shall pay the customer a penalty payment of only 2% of the price of the products supplied. If the supply of viscose or polyamide silk is also defective for another reason, the supplier shall pay the periodic penalty payment provided for in Section 206 of the Law.
Technical gases
(1) For the supply of technical gases, year-round delivery contracts shall be concluded, broken down into quarters. Written appeals by the customer under such contracts must be submitted to the supplier (the relevant sales centre) no later than 10 days before the start of the required delivery period. The organisation shall agree on a more detailed breakdown and consistency of supplies before submitting appeals.
(2) Supplies of technical gases whose annual consumption does not exceed:
| kyslíku technického včetně medicinálního | 6 000 m3 |
| acetylénu rozpuštěného technického (dissousplynu) | 4 000 kg |
| kysličníku uhličitého kapalného | 10 000 kg |
| kysličníku uhličitého tuhého (suchý led) | 4 000 kg |
| u ostatních technických plynů | 4 000 kg (m3) |
they shall be executed only on the basis of individual orders submitted to the relevant sales centre of the supplier 10 days before the required delivery date. The supplier shall comply with the technical gas funds without confirmation of the order.
(3) Deliveries are made from the production facility closest to the customer, provided that it is sufficient to provide supplies to consumers in the relevant supply area. If technical gases are supplied from production sites more remote than the supplier has communicated to the customer on request, the supplier shall pay the difference in transport charges.
(4) The supply of technical gases shall be made only if the customer returns the same number of empty bottles per type of gas at the latest when the technical gases are collected, except where the first delivery is to the new customer or to increase the consumption of the customer.
(5) If a customer finds apparent damage, pollution, etc. of steel bottles, he proceeds accordingly in accordance with Section 194 of the Act.
(6) If the contracted quantity of technical gases has not been withdrawn or delivered in the quarter, the organisation which is late shall be obliged to pay a periodic penalty payment of 5% of the unrecovered or undelivered quantity of technical gases. Unless otherwise agreed by the organisation, additional performance for the past quarter may not be required.
(7) The technical gas storage facilities are intended for the supply to small consumers. These warehouses shall deliver to individual customers a maximum of 10 bottles of oxygen and 5 bottles of other gases either in one delivery or in partial deliveries during a 14-day period. If the 14-day collection requirement is higher, deliveries shall be made exclusively from the factory.
(8) Deliveries of technical gases of up to 200 CZK are made for cash.
(9) For the supply of oxygen liquid, nitrogen liquid and air liquid, the customer is obliged to supply the supplier with his own Dewar containers.
(10) The following shall be considered as technical gases:
oxygen technical, oxygen medical (medical), oxygen liquid technical, acetylene dissolved technical (dissousgas), acetylene tube, air compressed, liquid air, nitrogen compressed, oxygen-free nitrogen, light-emitting nitrogen, liquid nitrogen, mixture of nitrogen and hydrogen, carbon dioxide liquid, carbon dioxide solid (dry ice), mixture of oxygen and carbon dioxide and hydrogen technical.
Industrial explosives
(1) Dimensions of industrial explosive charges are regulated by the technical standard. *) The collectors are required to indicate the required size of the charges in the draft contract (order).
(2) Explosives and detonators are required to be sent to suppliers not later than 4 weeks before the delivery deadline.
(3) Empty packaging for industrial explosives must be returned by customers to an unpolluted production plant, which is marked on the packaging.
Photoproducts
In the case of amateur roll and perforated films, suppliers shall be entitled to supply up to 7% of the second-quality products from the total quarterly supply volume.
Industrial fertilisers
Packaging
(1) Industrial fertilisers of ammonium sulphate, superphosphate and combined fertilisers of NPK are supplied in bulk with the exception of fertilisers enriched with plant protection products supplied in bags.
(2) Other industrial fertilisers are supplied in bags of 50 kg gross with the exception of nitrogen lime from the Sokolov Chemical Plant and Thomas Flour, which are supplied in bags of 75 kg gross.
(3) Suppliers can deliver bulk iceberg during the spring period if they cannot provide the necessary amount of paper bags for the delivery of all kinds of refrigerators. Organisations may agree that in other urgent cases fertilisers will also be delivered in bulk.
Transport and transport disposition
(to paragraphs 180 and 189 of the Act)
(1) The collector is obliged to send the supplier a transport disposition on the prescribed forms in four copies no later than 30 days before the beginning of the month in which the deliveries are to be made, for each individual delivery per individual consignee. In the transport available, the customer shall indicate the maximum number of wagons which may be sent daily to individual railway stations and to individual counties.
(2) The quantity dispatched daily to the railway station and to the individual district shall be at least such that monthly deliveries can be completed within 15 days. This provision shall not apply if the delivery takes place in complete dispatching trains to dispersal stations.
(3) When supplied to an individual consignee set out in the transport available, the supplier may derogate from the quantity specified in the individual transport available for sacked fertilisers by ± 5%, for bulk fertilisers by ± 10%.
(4) The minimum shipping quantity for rail consignments is one wagon.
(5) The supplier shall indicate in the consignment notes the number of the respective transport disposition of the customer.
(6) In the formation of complete sending trains, the supplier shall notify the consignee 4 days in advance of the day of loading of the complete train according to the transport plan.
(7) The message of dispatch of the wagon consignment shall always be sent by the supplier to the consignee of the consignment.
Implementation
(1) The supplier is obliged to meet the deliveries according to the transport availability for each month, both for the individual agricultural and supply undertakings and for their individual plants.
(2) For the supply of fertilizers in integrated trains, the delivery period is met even if they are transmitted to the carrier within 7 days after the end of the month.
(3) A grain not complying with the technical standard shall be considered a quality defect detectable by the laboratory.
(4) The samples of fertilisers taken by the Central Control and Examination Institute with the participation of the supplier after loading of the fertiliser into the means of transport shall be considered as samples taken by the customer when the consignment is taken over.
(5) The fertiliser quality certificate shall be sent by the manufacturing company (s) to the relevant agricultural purchasing and supplying undertaking at the same time as the invoice but no later than 3 days after dispatch of the consignment.
(6) The quality certificate shall indicate:
(a) wagon number (certificate to be issued for each wagon separately);
(b) whether the fertiliser delivered complies with the applicable technical standard;
(c) the exact nutrient content - N, P2O5, K2O - on the basis of which the consignment has been invoiced,
(d) where the quality of the fertiliser shows deviations from the technical standard, non-compliant indicators shall also be included in the certificate.
Paragraph 15-17 shall not apply to supplies to internal trade organisations.
Management with plant protection products packaging
(1) The collector is obliged to return to the supplier of the transport cabinet and fence pallets intended for the transport of plant protection products and belonging to the supplier within 15 days of receipt by the carrier of the products supplied in the package for transport from the supplier; no wear refund shall be charged for such packages. If the customer does not return the packaging within 30 days of the expiry of this 15-day period, the supplier shall charge him a penalty of 20 CZK for one transport cabinet or border pallet. After 45 days from the date of receipt by the carrier of the products supplied in the package for transport from the supplier, the supplier shall charge the customer a further penalty of 3 CZK for each additional day of delay from one transport cabinet or border pallet.
(2) The following periods shall apply to the return of barrels, convoys and oboks:
| Výrobek | Poslední den expedice z výrobního závodu na běžnou sezónu | Poslední den lhůty k vracení obalů |
|---|---|---|
| Dikotex a Dinoseb | 15. 5. | 15. 7. |
| Arborol | 31. 1. | 31. 3. |
| Dynol | 30. 6. | 31. 8. |
| Aerosoly | 30. 6. | 31. 8. |
| Nitrosan | 31. 1. | 31. 3. |
| Rafex | 15. 7. | 15. 9. |
| Orkus a Karnofer | 31. 12. | 28. 2. |
| Antrix | 30. 6. | 31. 8. |
However, if the products have been dispatched from the production plant after the last day of the dispatch for the normal season, the period for returning the packaging shall be extended by 12 months.
(3) In the case of barrels, convoys and oboks, the wear compensation is invoiced according to packaging regulations. *) If, exceptionally, the customer does not return the barrels by the end of the specified period because he has to store the chemical for a longer period of time for serious reasons, he shall ask the supplier in writing for an extension of the period of time necessary. In such cases, the supplier shall extend the period of return by a maximum of 9 months and shall again invoice one-fold the wear compensation. If the barrels are not returned in these 9 months, the supplier has the right to invoice them at cost. If the customer does not return the convoy and the oboks within the prescribed period, the supplier will also be invoiced to him at cost.
(4) If the customer offers the supplier of the invoiced packaging, the supplier is obliged to withdraw the usable packaging and pay the purchase price for it less twice the wear charge (tin drums for two thirds of the purchase price). Assessment of suitability and further applicability of packaging shall be carried out by the technical inspection body of the supplier.
Rubber and asbestos products
Tyres
(1) Where vehicle technical data do not allow the use of Class B tyres (with visual defects) for the first equipment of machinery products, the supplier shall not be entitled to supply such tyres for the first equipment. Class B tyres shall be supplied for use in particular; for these products with visual defects, the supplier shall assume the guarantee as for products without such defects and the delivery shall be invoiced at a reduced price set by the quality price list B.
(2) If the order does not contain a generic specification of the model, an expedition of the models will be made at the discretion and storage possibilities of the supplier.
Tools for making rubber, asbestos and plastic products
(1) Where separate tools (blocks, bolts) must be used for the manufacture of new types of moulded or pressed articles
(a) the organisation shall agree in the contract on non-standard products whether the instruments are provided by the customer or supplier. These instruments shall be borne by the customer's cargo unless they are included in the price of the products delivered in accordance with the price list or price regulations. The non-standard product tools shall be supplied by the customer on the basis of the technical documentation provided by the supplier in those cases where the customer has equipment to produce those tools;
(b) tools for standard products shall be provided by the supplier unless otherwise agreed by the organisation. The price of the instrument is included in the respective prices in this case. Products listed in price lists shall be considered as standard unless they are labelled as non-standard.
(2) Tools (production aids) for products which have been fitted to the customer's cargo and which the customer does not pick up after delivery, the supplier is obliged to deposit and treat them for a period of three years, unless otherwise agreed by the organisation. After this time the customer is obliged to collect the tools; If they do not, the supplier shall be entitled to dispose of them in accordance with the provisions on the management of national property on the management of surplus or unused property. Organisations may agree to be used by the supplier to deal with orders from other customers free of charge or for an agreed remuneration.
(3) The collector is obliged to deliver to the supplier the full amount of bends needed for the preparation and processing of the products in the relevant quarter within the agreed period. The organisation shall also agree on how many bends the customer will supply in addition due to the technological need for defective products (moulds). Late delivery of bends shall be subject to penalty for failure to comply with the contract under the law.
(4) For rubber and asbestos products, the production of which depends on the supply of metal and other parts by the customer, the customer is obliged to deliver suitable metal parts within the time limit to be agreed in the contract. A collector who is late in handing over bends shall be obliged to pay a penalty payment to the supplier as if he was late in taking the products. It will also be agreed in the contract how many metal parts will be supplied by the customer in addition for sampling and for the technologically necessary failure of defective products.
Products of the cellulose and paper industry
Draft contract
(1) In the draft contract (order), the customer shall indicate:
A. product designation by the relevant item of the product list of the Ministry of Chemical Industry in the verbal and numerical wording;
B. name of product according to technical standards;
C. details of quality or required characteristics, unless specified by technical standards, in particular:
(a) fibre
1. quality class (1, 2 and 3),
2nd stage cooking according to Küng,
3. whiteness (percentage),
4. whether the products are to be supplied in rolls or sheets,
5. other specific characteristics, if any, to be required in view of the method of application,
6. the indication of the plant (operation) when the customer requests delivery from a particular plant (operation),
(b) in the case of paper, paperboard and paperboard (even compensating):
1. required dimensions: whether the products are to be supplied in rolls, rolls, sheets or sheets, for rolls and rolls the required size, width and light of the cavity; for sheets, whether the products are to be supplied flat or folded; for diagonal trimmed paper, the dimensions a-b, b-c, cd shall be given as follows:
2. the colour required,
3. thickness (calibre):
for electrical paper (capacitor, cable),
for insulators (rubber and tubular paper) and sealing papers,
for all hand cardboard except white, brown and grey,
in the case of jacquard, shiny plain, shiny for electrical and groove,
4. weight in g / m2, for all papers, cartons and paperboard (even treated),
5. germination or saturation,
6. whether the paper is to be striped, grooved (verge) or not, and what the surface is to be (unpolished, mechanically smooth, unilaterally smooth, smooth, smooth, smooth),
7. Indication of whether the paper should be further trimmed (planed),
8. the designation of the specific characteristics to be required in view of the method of use for special purposes,
(c) for paper and paperboard products
1. the required dimensions to be indicated in millimetres (unless otherwise specified, the interior dimensions). In the case of planed fibre, the dimensions shall be indicated in the following sequence: length, width, height and, where applicable, height of the lid; for winding fibre and tubes, the inner height, diameter and wall thickness; for corrugated board cuts, the first indication means the dimension in the direction of the wool,
2. the type, quality and colour of the material required,
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Regulation Information
| Citation | Decree of the Ministry of Chemical Industry No. 119 / 1964 Coll. |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 24.06.1964 |
|---|---|
| Effective from | 01.07.1964 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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