Decree No 12 / 1969 Coll.
Decree of the Minister for Foreign Affairs on the General Conditions for the Supply of Goods between Member States' Organisations of the Mutual Economic Assistance Council (VDP RVHP 1968)
Valid
Effective from 15.01.1969
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12
DECLARATION
Minister for Foreign Affairs
of 24 January 1969
on the General Conditions for the Supply of Goods between the Organisations of the Member States of the Mutual Economic Assistance Council (VDP RVHP 1968)
At the 22nd meeting of the Standing Commission on Foreign Trade in Minsk, the General Terms and Conditions for the Supply of Goods between Member States' Organisations of the Mutual Economic Assistance Council (VDP RVHP 1968) were agreed on 1 June 1968.
The National Assembly agreed with the General Terms and Conditions and was ratified by the President of the Czechoslovak Socialist Republic on 15 January 1969.
General conditions entered into force on the date of ratification for the Czechoslovak Socialist Republic.
The general conditions are further bound by the People's Republic of Bulgaria, the People's Republic of Hungary, the People's Republic of Mongolia, the Democratic Republic of Germany, the People's Republic of Poland, the Socialist Republic of Romania and the Union of Soviet Socialist Republics.
The Czech translation of the General Terms is announced simultaneously.
Ing. Marko v. r.
GENERAL CONDITIONS
for supplies of goods between Member States' organisations of the Mutual Economic Assistance Council *) (VDP RVHP 1968)
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 specificity of the goods and / or the specificities of their delivery, derogations from the individual provisions of these General Delivery Conditions may be agreed in the contract.
Conclusion of the contract
The contract shall be deemed to be concluded:
(a) among those present - at the time of its signature by the Contracting Parties;
(b) among the absent persons - at the time when the proposing person receives the report of the unqualified acceptance of the proposal within the time limit specified in the proposal; If no such time limit is specified in the application, it shall be counted within 30 days from the date of dispatch of the application.
2. Where the appellant receives a report of receipt of the proposal, subject to or after the expiry of the period specified in the proposal or in paragraph 1 (b). (b) this section, such a report shall be considered a new proposal. However, if it is clear from the report of receipt of a proposal received with delay that the report was sent before the deadline specified in the proposal or in paragraph 1 (b). (b) this paragraph shall be deemed to be delayed only if the party making the proposal immediately informs the other party of the late receipt of the report.
3. The application shall be considered binding on the designer, unless otherwise expressly specified therein or where his appeal has not been made to the buyer before or at the same time as the application is received.
4. An order shall also be considered as a proposal within the meaning of these General Delivery Conditions and an order confirmation shall also be considered as acceptance.
1. The proposal and the adoption of the proposal shall be valid on condition that they have been made in writing. Telegraphic and telex communications shall be considered as written forms.
(2) Annexes, additions and amendments to the contract shall also be drawn up in the form laid down in paragraph 1 of this Article.
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 the contract is referred to, 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.
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. For transport by water, deliveries shall take place under the conditions of fob, CIF or C & F 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 is transferred from the seller to the buyer at the time the goods cross board the ship in 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 is transferred from the seller to the buyer at the time the goods cross board the ship in 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. 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, 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 is delivered without which the machine or equipment cannot be put into operation.
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
If it is not agreed in the contract that the quality of the goods must correspond to certain quality characteristics, technical conditions or standards (indicating the number and date) or to a sample agreed between the parties, 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 provided for in the contract. Where the destination of the goods is not specified in the contract, goods of normal medium quality corresponding to the usual destination of the goods in the country of the seller shall be supplied.
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.
Quantity of goods
The number of colli and / or weight of quantity delivered shall be determined on transport:
1. by rail:
(a) if the number of colli and / or 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 railway consignment note, - according to the rail waybill of direct international transport of 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 by the consignor and has not been reviewed by the railway operator, 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 by rail; where the weight and / or number of colli have been reviewed 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 the number of colli of railways, drawn up 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 has not been reviewed by the consignor, the number of colli and / or 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. by 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 weight of the gross and the net, and the exact identification 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 in a single copy a weighting specification for 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:
contract number and / or buyer order number,
Colli number,
the beneficiary,
net and gross weight 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. Where the contract does not specify what 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 where the number of packages, method and time limits for their delivery are not also stated, the seller shall transmit to the buyer the technical documentation in accordance with 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 a complete assembly facility, the installation is carried out by the seller, the operation, use and maintenance of the equipment in use and the 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 submitted 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 by the seller 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.
Quality check of goods
1. The seller is obliged to carry out a quality check on his account (by type of goods either an examination or an analysis or an examination or similar) under conditions agreed with the purchaser before sending the goods; if the conditions are not agreed, the normal conditions for the verification in force in the country of the seller for the goods in question.
2. In the case of supplies of bulk industrial and agricultural goods, including goods of a wide variety of needs and food goods, unless otherwise provided by the contract, quality checks shall be carried out only on items selected at random, according to the usual rules applicable in the country of the seller.
3. Before dispatch, a test report shall be drawn up on the goods delivered from the order and on the seller's account for the machines and equipment tested, indicating the essential details and results of the test, and, in respect of other goods, a quality certificate or other document certifying that the quality of the goods complies with the conditions of the contract.
4. Unless otherwise provided for in the contract, the seller shall submit to the purchaser the relevant document confirming the quality of the goods. The test report shall be submitted by the seller to the buyer when the buyer requests it.
5. If, due to the specificities of machinery or equipment or other circumstances, a performance test agreed by the contract is to be carried out at the installation site, this test shall then be carried out in full or in part at the assembly site of the machinery or equipment in the country of the buyer in the manner and within the time limits set by the contract.
6. Upon delivery of a large complete installation, the seller's representative shall, at the request of the buyer, participate in a check of the contracted quality of the installation under conditions agreed between the parties. The results of the examination shall be indicated in a report signed by both parties.
1. Where the contract provides for the right of the buyer's representative to participate in the quality check of the goods in the seller's country, the seller shall inform the buyer of the availability of the goods for verification within the period giving the buyer the opportunity to participate in the verification.
2. The seller is obliged to ensure that the buyer can participate in the examination under the terms of the contract and under the procedure applicable in the industry. The Seller shall bear all costs associated with the verification (personnel costs, using technical equipment, energy, auxiliary materials, etc.), except those of the Buyer's representative.
3. The absence of a buyer's representative shall not prevent the dispatch of goods when the quality check is carried out if a document is issued confirming that the goods comply with the terms of the contract.
4. The participation of the buyer's representative in the quality check carried out by the seller shall not relieve the seller of the responsibility for the quality of the goods.
Guarantees
1. The seller shall be responsible for the quality of the goods during the guarantee period, in particular for the quality of the material used for its manufacture, construction of machinery and equipment (if the equipment, machinery, etc., are not produced according to the drawings of the buyer), as well as for the characteristics of the goods agreed in the contract.
2. The scope and conditions of the guarantee for technical economic preachers of complete establishments and complete establishments shall be determined 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. For machinery and equipment not covered by this paragraph, for ships and other floating equipment, for the rail transport park, for the gearing of the railway transport park, for cables and also for goods for which a guarantee is provided, such as preserved food and consumer goods intended for long-term use, under the arrangements of the Parties or under commercial practice, shall be provided for in the contract.
In the event that there is a delay in putting the machinery or equipment into service from the seller's fault, in particular as a result of failure to provide drawings, directives on use and other data or services provided for in the contract, the guarantee period calculated from the date of delivery shall be extended by the period by which the machinery or equipment was delayed from being put into service from the seller's fault.
1. If it is found during the warranty period that the goods are defective or not in conformity with the terms of the contract, the buyer is entitled, irrespective of whether defects may have been detected during the tests at the seller's plant, to request either the removal of the defects found or the discount on the price.
2. If the buyer requests the removal of defects, the seller is obliged to remove the defects identified in his account without delay either by repairing or replacing the defective goods or defective parts of the goods with new ones which comply with the contract or, where appropriate, with the provisions of § 17.
3. If the buyer requests a discount, the seller is entitled to either remove the defect or replace the goods or the defective part of the goods or provide the buyer with a discount of the agreed amount.
4. If the seller does not remove the defect within the agreed time limit or if such a time limit has not been agreed - within a technically justified time limit, the buyer is entitled to request a reasonable discount instead of removing the defects.
5. In the cases foreseen in paragraph 2 of this paragraph, and also in cases where the seller has undertaken to remove the defect or to replace the defective goods in accordance with paragraph 3 of this paragraph, the buyer shall be entitled to request payment of the periodic penalty payment from the seller in a manner and at an amount equivalent to that provided for in Article 75 (4).
6. Where the parties have agreed to a discount on the price of the goods instead of the removal of the defect, they shall, when negotiating the amount of the discount, agree on whether the periodic penalty payment charged and / or paid in accordance with paragraph 5 of this Article shall be included in the discount or whether the discount is payable in addition to that periodic penalty payment.
7. Where the parties have agreed on the amount of the discount but have not reached an agreement on whether the periodic penalty payment referred to in paragraph 5 of this paragraph is to be included in the discount or whether the discount is to be paid in addition to that periodic penalty payment, the buyer shall, in cases where there is actual damage resulting from the non-use of the goods until the time the discount is agreed:
- lower than the periodic penalty payment, the penalty paid and / or paid shall be reduced to the amount of the actual damage;
- higher than the periodic penalty payment, the seller pays the buyer actual damage in excess of the amount of the periodic penalty payment, if the bilateral agreement so provides.
8. Where a bilateral agreement or contract foresees the buyer's right to withdraw from the contract and does not contain the conditions for withdrawal from the contract, the buyer may use that right if the seller accepts that the seller cannot remove the defect by repair or exchange and the buyer cannot use the goods as specified by the seller at a discount.
1. The replacement defective goods or defective parts of the goods shall be returned to the seller no later than 6 months after the buyer receives the seller's request for repayment. The seller shall be entitled to request the return of defective goods or defective parts of goods no later than 6 months, and for complete plants and equipment no later than 12 months from the date of replacement.
2. The failure to apply for the return of defective goods within the time limits referred to in paragraph 1 of this paragraph shall deprive the seller of the right to apply for arbitration.
3. All transport and other expenses associated with the return and / or replacement of defective goods or defective parts of goods shall be borne by the seller in both the territory of the country of the buyer and the transit country and the country of the seller.
1. If the seller at the buyer's request does not remove the reported defects without delay, the buyer shall be entitled to remove them himself into the seller's account without prejudice to his rights under the guarantee. In that case, the seller is obliged to pay a correction at the level of normal actual costs.
2. Minor defects, the removal of which does not suffer delay and which do not require the seller's participation, are removed by the buyer and transferred normal actual expenses to the seller.
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Regulation Information
| Citation | Decree of the Minister for Foreign Affairs No. 12 / 1969 Coll., on General Conditions for the Supply of Goods between the Organisations of the Member States of the Council of Mutual Economic Assistance (VDP RVHP 1968) |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 25.02.1969 |
|---|---|
| Effective from | 15.01.1969 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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