Decree of the State Arbitration of the Czechoslovak Socialist Republic No. 12 / 1988 Coll.

Decree of the State Arbitration of the Czechoslovak Socialist Republic amending and supplementing Decree No. 44 / 1978 Coll., which issues the basic terms of supply of chemical products, as amended by Decree No. 26 / 1982 Coll.

Valid Effective from 01.02.1988
12
DECLARATION
State Arbitration of the Czechoslovak Socialist Republic
of 23 December 1987
amending and supplementing Decree No 44 / 1978 Coll., on the issue of basic conditions for the supply of chemical products, as amended by Decree No 26 / 1982 Coll.
The State Arbitration of the Czechoslovak Socialist Republic, after consulting the participating central authorities, provides, pursuant to Article 392 (2) of the Economic Code No. 109 / 1964 Coll., in the full version published under No. 45 / 1983 Coll. (hereinafter referred to as the "Act '):
Čl. I
The Decree of the State Arbitration of the Czechoslovak Socialist Republic No. 44 / 1978 Coll., issuing the basic terms of supply of chemical products, as amended by Decree No. 26 / 1982 Coll., is amended as follows:
1. In Article 16 (3) and (7), the word "oxide 'is replaced by" oxide'.
2. In Article 16 (6), "for oxygen 10 bottles and for other gases 20 bottles' is replaced by" for oxygen 20 bottles and for other gases 10 bottles'.
3. Paragraph 16 (8) reads as follows:
"(8) The transport of technical and rare gases in steel bottles shall be provided by the customer by his own means of transport or through a public carrier, unless it is agreed that the supplier provides the transport and removal of empty steel bottles. '
4. The following Section 16a is inserted after Section 16:
„§ 16a
Management with steel cylinders for technical and rare gases
(1) Part of the contract on the supply of technical and rare gases, namely oxygen, dissousgas, carbon dioxide, nitrous oxide, hydrogen, nitrogen, compressed air, argon and mixtures of these gases in bottles of water content above 10 litres ("bottles") is the supplier's agreement with the customer on the use of bottles. Where a separate agreement is concluded for an indefinite period, it shall be sufficient to refer to it in the relevant technical and rare gas supply contract. In cases where technical and rare gases are supplied only on the basis of orders (Section 16 (3)), the right of the customer to use the bottle will arise by fulfilling the supply of technical and rare gases in bottles.
(2) For the use of bottles, the buyer shall pay the payment in accordance with the applicable price regulation (1).
(3) The collector shall return the bottles without undue delay after emptying and, at the latest on the agreed day of collection, return the same number of empty bottles by type of technical and rare gases corresponding to the required number of bottles full. Paragraph 16 (4), second sentence applies mutatis mutandis.
(4) The collector shall return the empty bottles to the place where the full bottles have been issued to him; to another place or through another customer can return them only if the supplier has given prior written consent.
(5) If the customer or during transport provided by him to lose, destroy or damage the bottle, the customer shall immediately notify the supplier in writing (2) and return the broken or damaged bottle according to its availability; also a missing bottle, if found, is obliged to return.
(6) For a lost and destroyed bottle, the buyer shall pay the supplier a purchase price and a property penalty equal to twice the cost; This property penalty shall not be paid by the buyer if the loss or destruction has occurred as a result of a natural disaster or other irrevocable event or during transport provided through a public carrier. For the damaged bottle the customer will replace the supplier with the cost of repairing it. If the customer returns to the supplier the lost and later found bottle, he has the right to return the paid purchase price.
(7) The supplier's right to pay the property penalty referred to in paragraph 6 shall arise on the date on which he received a written notice from the customer of the loss or destruction of the bottle. Compensation for a broken or lost bottle shall be charged by the supplier within one month of receipt of this notification, the cost of repairing the damaged bottle within one month of its use.
(8) In order to monitor the movement of bottles in the same way, organisations are required to keep records, to coordinate the state of the bottles as necessary, in particular when irregularities are detected, otherwise at least once a year. If, at the request of the other organisation, the organisation concerned has not submitted a statement of the status and movement of the bottles at the latest one month after receipt of the extract (s), it shall pay for each day of delay a property penalty of 50 Kns, but no more than 1000 Kns. '
5.
"2. industrial lubricating oils with the exception of OL-PO bearing oil and cylindrical and dark oil; ';
6. § 34b (2) of the sentence behind the semicolon reads: "Furthermore, spent oil is required to protect against degradation and pollution, in particular substances containing chlorine (e.g. chlorine), water, mechanical impurities (e.g. wood, cleaning wool, paper), motor fuels (petrol, diesel, kerosene), brake fluids and anti-freeze fluids, flammable liquids I and II, synthetic oils, plastic lubricants, machining emulsions and liquids, varnishes, paints, thinners, thinners and inorganic and organic compounds for the disposal of petroleum substances."
7. In Paragraph 34c (1), the sentence behind the semicolon is added at the end: "When the oil supplier takes oil into large-volume tanks for several years in advance, the basis for determining the quantity of processed oils is the consumption of oil oils corresponding to the average annual consumption of the previous two years. '
8. Paragraph 34c (2) is amended as follows:
"(2) The quantities of petroleum oils from which the quantity of processed oils referred to in paragraph 1 is determined shall not include the quantities of petroleum oils used by the supplier for:
(a) machinery and equipment the design characteristics of which make it impossible to capture and collect processed oils within the scope laid down in paragraph 1, in particular for lubricating two-stroke positive-ignition engines, forks and chain of motor saws, spherical closures and turbosets of transit pipelines, lubricating pneumatic and other oil fog devices, when the oil prescribed by the manufacturer is used;
(b) technological uses (for the manufacture or assembly of other products);
(c) the first load of the technological units or products supplied;
(d) the first load of products after general repair by supplier;
(e) research and study purposes;
(f) work and performance abroad;
(g) the needs of Czechoslovak representative bodies abroad. "
(9) Paragraph 34c is added to paragraphs 3 and 4:
"(3) Petroleum oils used by the supplier for large volumes of industrial charges, (3) for which an oil exchange period of more than 3 years is fixed shall be counted against the quantity referred to in paragraph 1 in the year of the exchange which is established by the technical standard or technical conditions.
(4) Oil oils whose lifetime is extended during their use, e.g. by cleaning, shall be counted against the quantity referred to in paragraph 1 in the year in which their service life ends. "
10. Paragraph 34d is added to paragraph 4:
"(4) Organisations are obliged to make a change to the undertaking of the contract for the delivery of processing oils where the quantity of oil oil which was the basis for the negotiation of the contract (§ 34c (1)) is greater than or lower than the quantity of oil oil agreed for the current year. '
11.
- in the first sentence, the words "with the exception of chlorine" shall be inserted after the words "water or dirt,"
- in the second sentence, the words "or containing chlorine" shall be inserted after the words "water or dirt,"
- at the end of the third sentence, the words "if the supplier proves that the polluted processed oils cannot be used alone" shall be added.
12. in § 34g, the conclusion of the text from the word "periodic penalty payments" is replaced by the words "periodic penalty payments of 200 CZK for each 100 kg of undelivered processing oils."
Čl. II
Decree No 54 / 1959 of the Ministry of Chemical Industry No. Ú. l (Ú. v.) on the management of steel cylinders for technical gases and liquid fuel gas is hereby repealed.
Čl. III
This Decree shall take effect on 1 February 1988.
Main Arbiter of the Czechoslovak Socialist Republic:
Vanek v. r.
1) Price list VC-6 / 5 category 217 - Technical and rare gases.
2) This is without prejudice to the customer's obligation to notify pursuant to § 8 (1) of Act No. 141 / 1961 Coll., on criminal proceedings of the Court (Criminal Code), in the full version published under No. 148 / 1973 Coll.
3) Filled with a capacity exceeding 300 l.

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Regulation Information

CitationDecree of the State Arbitration of the Czechoslovak Socialist Republic No. 12 / 1988 Coll., amending and supplementing Decree No. 44 / 1978 Coll., which issues the basic terms of supply of chemical products, as amended by Decree No. 26 / 1982 Coll.
Regulation Type-
Author-
CollectionCode of Laws
Date of Promulgation29.01.1988
Effective from01.02.1988
Effective until-
Status Valid
The regulation text is for informational purposes only.
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