Decree of the Ministry of Consumer Industry No. 131 / 1964 Coll.

Q: Is Decree of the Ministry of Consumer Industry No. 131 / 1964 Coll. still valid?

Yes, Decree of the Ministry of Consumer Industry No. 131 / 1964 Coll. is still valid and effective.

131

DECLARATION

Ministry of Consumer Industry

of 20 June 1964

issuing basic conditions for the supply of consumer products

The Ministry of Consumer Industry, in agreement with the participating central authorities and after approval by the main arbiter of the Czechoslovak Socialist Republic, provides for Article 392 of Economic Code No. 109 / 1964 Coll. ("the law '):

ČÁST PRVNÍ

INTRODUCTORY PROVISIONS

§ 1

Scope

This decree regulates all deliveries of products:

(a) the textile and clothing sector;

(b) the leather, footwear and leather industries;

(c) glass, porcelain, ceramics,

(d) the woodworking sector;

(e) collection materials.

However, the decree shall not apply to supplies for export and from imports.

ČÁST DRUHÁ

Oddíl první

GENERAL PROVISIONS

§ 2

Small deliveries

(to § 153 of the Act)

In the case of small deliveries, i.e. deliveries where the price of one type of product does not exceed 200 CZK or where the price of the whole supply does not exceed 1000 CZK, the customer shall be bound by his order for a period of 3 months unless he has indicated a shorter period. The agreement on the subject-matter and time of performance is replaced in these cases by the provision of the performance (§ 153 (2) (c) of the Act).

§ 3

Supplies from sales organisations

(1) Customers may submit contract proposals (orders) at any time for supplies from sales organisations except orders

(a) products of single purpose, special or non-running design;

(b) products for which the sales organisation is obliged to conclude a contract under Article 161 of the Act;

(c) any products supplied by the sales organisation of the furniture stores.

(2) In the cases referred to in points (a) to (c) of paragraph 1, customers shall submit to sales organisations draft contracts (orders) for the relevant period within the time limits set out in Sections 13, 22, 31 and 40 of this Order.

(3) The main product types referred to in point (a) of paragraph 1, which must be ensured in production on the basis of orders from customers of the sales organisation, are notified to customers before the start of the year, unless they are listed in the relevant Ministry's list of products.

§ 4

Change of contract (replacement performance)

(to Section 125 of the Act)

If one of the organisations requests agreement to change the contract (replacement performance), the other organisation shall be obliged to comment on the proposal within 10 days of dispatch. Where the customer is a sales organisation or processing undertaking, the time limit for the submission of the supplier's proposal shall be 15 days from dispatch.

§ 5

Prepayment

(to Section 129 of the Act)

The supplier shall be entitled, at the last delivery in the relevant delivery period, to load the necessary part of the products to be delivered in the next delivery period under the contract already concluded. This provision shall not apply if supplied only once a month; in this case, the supplier must seek the consent of the customer for early performance.

§ 7

Labelling of products

(k § 174 of the Act)

Products intended for sale to citizens must always be marked with a quality and retail price indication or other information agreed between the superior bodies of the supplier and the customer.

§ 8

Derogation in quantity

(to Section 175 of the Act)

The quantities delivered or withdrawn may deviate from the quantities agreed in the contract by ± 5%.

§ 9

Internal packaging

If the method of adjustment or internal packaging is not modified in the technical standard or price list, it may be provided for by agreement.

§ 10

Collection, catalogues, typologues

(1) Collection (catalogues, typesetters) as a basis for concluding contracts

- in the textile and assembly sector

for products of the cotton, wavy, silk, bast fibres, household textiles, knitted or crocheted industry, tulle, lace, ribbon, braid and net goods, hat, berets, hats, umbrellas, artificial flowers and button-fasteners;

in the case of linen sewn from woven fabrics, only the type collection which is supplemented by additional models for each contractual period is assembled;

in the case of overcoats, a catalogue of the type collection shall be drawn up with blueprints and technical descriptions; the catalogue shall be accompanied by industrial collections of façons of sovereign clothing, which shall be drawn up for each contractual period;

- in the leather, footwear and fur sector

for leather, footwear, gloves, leather and plastic palanquins,

for leather, fur and fur clothing;

- in the glass, porcelain and ceramics sector

for moulded and utility glass, lighting glass and social lights, for utility and figural porcelain, for utility, decorative and sanitary ceramics, for jablonectic jewellery, for thermos and for utility thermometers;

- in the wood-working sector,

in the case of typical building-carpentry products for construction,

for furniture, sports goods and equipment, brushes, cork products, office and school supplies, smoking equipment, toys, musical instruments;

in the case of furniture, in addition to the catalogues, typesetters shall be assembled containing the furniture production programme for the year in question.

(2) The procedure and procedure for the compilation, approval, addition and use of collections (catalogues) are laid down in the agreed collection schedules, for furniture in the agreed rules for the compilation of the type bar, which includes a way of clarifying the year-round furniture programme and of applying customer requirements.

(3) The provisions of paragraphs 1 and 2 do not apply to production cooperatives and local economic undertakings as suppliers.

§ 11

Property sanctions

(to Section 141 of the Act)

(1) In the case of supplies for internal trade, the supplier shall pay the customer for non-compliance with the time limit agreed for sending samples to verify products in the stores of the recipient of a periodic penalty payment of 10 Kns per sample per day, but not more than 100 KCs per sample.

(2) The basis for calculating the penalty for non-delivery or removal of coniferous sawn wood, leaf sawn sawn wood, all types of sleepers, plywood and binders is the average price agreed in the contract according to the required composition of timber, quality, dimensions and execution.

(3) Supplier's delivery time for the sales organisation The belt shall be assessed separately according to the fulfilment of the sub-quantities laid down in the appeals or the transport arrangements of the marketing organisation for marketing centres.

(4) 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, if the delay is more than one month, a further penalty of 5% of the price of the non-delivered products. *)

Oddíl druhý

SECTOR TEXTILE AND CONFERENCE

§ 12

The provisions of this Section shall apply to deliveries:

products of the cotton, wool, silk, bast fibres and household textiles industry,

articles of the knitting industry,

tulles, lace, embroidery, ribbons and net goods, articles of the industry of upper clothing,

linen of woven fabrics (personal and household),

articles of hats, berets, hats,

products of the button industry,

umbrellas, artificial flowers and other small fashion articles,

recycled textile waste materials.

§ 13

Conclusion of contracts

(k § 152 of the Act)

(1) The contractor submits a draft contract (order) to the supplier before the beginning of the quarter in which the supply is to start:

- vlněné a vigoňové tkaniny a úplety, proplétané oděvní a obuvnické metrové textilie, vlněné a vigoňové kusové zboží, technické výrobky plstěné	5 měsíců
u dámských šatovek v kuse barvených se ve lhůtě 5 měsíců nesjednávají barvy; odběratel sděluje specifikace na barvy dodatečně nejpozději 6 týdnů před začátkem příslušného čtvrtletí;
u ostatních tkanin a výrobků v kuse barvených se ve lhůtě 5 měsíců sjednává procentní podíl požadavku na barvy tmavé a pastelové; specifikaci na barvy sděluje odběratel dodatečně nejpozději 6 týdnů před začátkem příslušného čtvrtletí;
- bytový textil a kusové zboží bytového textilu	3 1/2 měsíce
- pojené textilie, výrobky z odpadových surovín a textilní odpadové suroviny regenerované	3 1/2 měsíce
- vlněné a vigoňové příze	3 1/2 měsíce
z toho u vlněných a vigoňových přízí, objednávaných výrobními podniky průmyslu pletařského a bytových textílií ministerstva spotřebního průmyslu se lhůta zkracuje o 1 týden
- bavlněné, hedvábné, polyamidové a lněné tkaniny hotové,upravené, barvené a tištěné; kusové zboží bavlněné, hedvábné, lněné a polyamidové; vata a zdravotnické výrobky; technické výrobky ze všech materiálů v tomto pododstavci uvedených	3 1/2 měsíce
u tkanin a výrobků v kuse barvených se ve lhůtě 3 1/2 měsíce nesjednávají barvy; specifikace na barvy sděluje odběratel dodatečně nejpozději 6 týdnů před začátkem příslušného čtvrtletí
- veškeré výrobky průmyslu pletařského	3 1/2 měsíce
- bavlněné, hedvábné a lněné nitě, tkaniny pro úpravny a tiskárny, jutové tkaniny, jutařské a konopářské výrobky	3 měsíce
- ručně pletací příze	2 1/2 měsíce
- stuhy, prýmky, krajkářské výrobky, síťové zboží	2 1/2 měsíce
- bavlněné a lněné příze a ostatní výrobky shora neuvedené	2 měsíce
- výrobky průmyslu svrchních oděvů a prádla šitého z tkanin (osobního a pro domácnost), prošívané přikrývky	2 měsíce
- kloboučnické výrobky, barety a čepice	2 měsíce
- deštníky, umělé květiny a ostatní drobné módní zboží	2 měsíce
- výrobky knoflíkářského průmyslu	2 měsíce

(2) Where the conclusion of contracts is discussed in a personal negotiation (contract), the buyer submits proposals for contracts. *) If the contract negotiations are delayed, the draft contracts submitted at that meeting have been submitted in due time.

(3) Sales organisations as customers submit draft contracts (orders) to production undertakings within the time limits referred to in paragraph 1, reduced by 10 days.

(4) If the contract proposal is submitted by the sales organisation as a customer, the supplier shall be expressed within 20 days. The sales organisation as a supplier shall express to its customers within 45 days, for orders that may be submitted at any time, within 20 days. In all other cases, suppliers will comment on the draft contract (order) within 30 days (Section 154 (1) of the Act). In the case of draft contracts (orders) submitted in the contract negotiations, the time limits shall begin on the date following the conclusion of the contract.

(5) Supply contracts for the Ministry of National Defence are concluded for the whole year. Proposals for such contracts shall be submitted by the customers no later than 2 months before the beginning of the first quarter.

(6) Proposals for contracts for the supply of woven fabrics which are intended for processing into assembly and linens for export are submitted by production companies of the industry of clothing and linen of the Ministry of Consumer Industry to textile primary production within the time limits laid down in the measures of the Ministry of Consumer Industry issued in the agreement with the Ministry of Foreign Trade and approved by the main arbitration of ČSSR.

§ 14

Quality

(1) The quantities determined by the planning act shall be taken into account for all customers in proportion to the quantities of products in each class, including the fourth class (lot) and the metre residues of the 1st to 4th class.

(2) The ratio between classes of qualities, lots and metres of residues is laid down in the contract. The basis for determining the ratio of the classes of quality, batch and meter residues in the contract is the ratio of the classes of quality notified by the supplier's undertakings to the production unit of the Ministry of Consumer Industry to the superior body of the customer or customer.

(3) Compliance with the established ratio of classes of quality, batch and meter residues is monitored on a quarterly basis. When the quantity of products delivered in lower classes (lots and residues) is exceeded, the supplier shall pay periodic penalty payments on the quantity of products delivered in addition in lower classes (lots and residues). Such periodic penalty payments shall be 5% and shall be calculated on the basis of the price of the highest quality contract. * *)

(4) The excess supply in higher quality classes within the contractually negotiated quantity is permitted.

(5) The ratio between quality classes, lots and metres of residues is not valid for export sales.

(6) The provisions of paragraphs 1 to 2 shall not apply:

(a) supplies to the Ministry of National Defence and the Ministry of Interior, excluding work assembly, linen and products of the knitting industry, where the share of supplies in the 1st to 3rd grade shall be agreed between the customer and the relevant production unit or supplier each year before the annual planning act is issued;

(b) supplies of protective clothing and accessories.

§ 15

Expedition method

(1) If no minimum dispatch quantity is fixed, the sales organisation may require the supplier of the consignment to a maximum of two places in the county.

(2) For all types of goods, unless otherwise specified by the technical standard, the supplier is required to indicate the beginning and end of the piece. If a piece of two or three parts is folded, the beginning and end of each part shall be marked. This provision does not apply to ribbons, braids and narrow lace products.

(3) In the case of supplies for internal trade, the supplier shall, on the same order, dispatch the monthly contracted quantity to one customer warehouse in no more than two consignments; This does not apply to consignments of wagons and special vehicles for transporting clothing on straps. If the organisation sends products from several plants, there are two delivery limits for each plant.

(4) In the case of plaiting industry products, the last delivery in the month may contain a maximum of 5% in combined colours and sizes in packages of less than normal (so-called residual packaging).

(5) Suppliers shall be required to attach a copy of the signature (delivery note) to the consignment for carriage by means of road.

§ 16

Samples

(to Article 181 of the Law)

(1) The reference samples which are the basis for the quality assessment must conform to the technical standard or sample under which they were contractually contracted for supplies for internal trade to the technical standard and sample which is included in the collection and on which the wholesale and retail price is declared.

(2) For products of the cotton, silk, wavy and bast fibres industry, the supplier shall, at the latest 10 days before the first delivery, provide the customer with reference samples in non-sales condition as a basis for product verification, unless otherwise agreed, in one copy for each species, model and colour supplied during the planning year, in size 10 x 15 cm.

The sending of reference samples shall be discontinued for goods dyed in one piece if the supplier has sent the customer in advance a standard colour treatment according to which it can be verified. For unit goods, one piece or agreed number of pieces shall be supplied as a reference sample. For medical goods, samples shall be supplied as agreed.

(3) In the case of products of the plaiting industry, overcoats, linen sewn from woven fabrics and fashion goods (umbrellas, artificial flowers, etc.), the supplier shall send to the customer, at the same time as the first consignment, a reference sample which will be separately identified and invoiced on a common invoice with the products delivered as a separate item.

(4) Reference samples shall not be sent where the customer has a collection or a catalogue of the products under which the verification can be carried out or where reference samples from previous deliveries are available. In case of degradation of the reference sample by use, the customer is entitled to request a new reference sample.

(5) Samples, sample coupons and collections are counted against the quantities laid down in the planning act.

(6) A derogation from the provisions of paragraphs 1 to 4 may be agreed for supplies to the Ministry of Defence.

§ 17

Delivery period

(k § 187 of the Act)

(1) In the case of the fashion top dressing of wool, colours and sizes are monitored quarterly.

(2) In order to use special vehicles for transporting clothing on hanger, the supplier is entitled to complete the delivery 3 working days before the start of the delivery period; If, on the other hand, the products are delivered within 3 working days of the end of the delivery period, this period shall not be added for the purposes of the property sanctions until the agreed time of execution.

(3) In the case of the supply of woven fabrics intended for final processing and supplied from manufacturing companies of textile primary production to manufacturing companies of the clothing and linen industry within the field of competence of the Ministry of Consumer Industry, the organisation provides in the contract for a more detailed breakdown of supplies and the amount of property penalties for non-compliance. They are obliged to follow the measures of the Ministry of Consumer Industry.

Oddíl třetí

INDIVIDUAL, INDIVIDUAL AND SKIN SECTOR

§ 18

The provisions of this Section shall apply to deliveries:

Crude skins sorted,

leather,

shoe and bag repair material,

footwear,

leather and plastic galaneries,

gloves,

technical articles of leather and fibre,

small goods of leather and plastic,

outer garments of leather,

fur and fur products (also of synthetic fibres),

Tanning and tanning waste.

Conclusion of contracts

(k § 152 of the Act)

§ 19

(1) In the case of technical products made from leather and fibre, gloves leather and leather waste, the buyer submits a draft contract (order) 77 days before the start of the contractual period in which the supply is to be started. Sales organisations as customers submit draft contracts (orders) to production companies within 10 days.

(2) If the contract proposal is submitted by the sales organisation as a customer, the supplier shall be expressed within 20 days. The sales organisation as a supplier shall express to its customers within 45 days, for orders which may be submitted to the customer at any time, within 20 days. In other cases, suppliers will comment on the draft contract (order) within 30 days (Section 154 (1) of the Act).

§ 20

(1) In the case of raw hides sorted out, the buyer shall submit a draft contract (order) 50 days before the start of the contractual period in which the supply is to be started.

(2) The supplier shall comment on the draft contract within 15 days.

§ 21

(1) For all other products, the customer submits to the supplier the requirements (demand) within the following time limits before the start of the contractual period in which the supply is to start:

usně, obuv	70 dnů
galanterie z kůže a umělých hmot, rukavice, opravárenský materiál	77 dnů
svrchní oděvy kožené, kožešiny a kožešnické výrobky	90 dnů

(2) Demand shall be discussed in the presence of all customers in the production schedules, which must end no later than 45 days before the start of the contract period. *)

(3) On the basis of a production schedule agreed between the customer and the supplier or between their superior authorities, the contract shall be submitted by:

(a) for leather, footwear, gloves, leather and plastics, the supplier shall, within 10 days of the end of the production schedules;

(b) in the case of repair material, the buyer within 10 days of the end of the production schedules;

(c) in the case of upper garments of leather, fur and fur products, by the purchaser during the production schedules.

(4) The draft contract is addressed

(a) for leather, footwear, gloves, leather and plastics, the purchaser within 10 days;

(b) for repair material, the supplier within 10 days;

(c) in the case of leather outer garments, a supplier within 35 days before the start of the contract period;

for fur and fur products, the supplier shall within 20 days after the end of the production schedules.

(5) In cases where, pursuant to paragraph 3 (a), a supplier submits a draft contract, the provisions of Paragraph 153 (2) (b) of the Act shall apply mutatis mutandis, with a period of 15 days to communicate the supplier's disagreement.

(6) In the case of supplies to the Ministry of National Defence, the draft contract is always submitted by the customer.

§ 22

(1) For supplies from sales organisations pursuant to Article 3 (1) (a) and (b) of this Order, the buyer shall submit draft contracts (orders) before the start of the contract period within the following deadlines:

u technických výrobků z usní a fíbru, rukavičkářských usní a koželužského odpadu	77 dnů
u usní, obuvi, galanterie z kůže a umělých hmot, rukavic a opravárenských materiálů obuvnických a brašnářských	87 dnů
u svrchních oděvů kožených, kožešin a kožešnických výrobků	100 dnů

(2) The sales organisation shall express its views on the draft contract within 60 days for products with a deadline of 77 and 87 days, within 80 days for products with a deadline of 100 days and within 20 days for products for which customers may submit contract proposals (orders) at any time.

§ 23

Appeals

(k § 188 of the Act)

In the case of footwear, the buyer shall submit a reference to the supplier for the first decade of the month no later than 35 days before the start of the delivery month. For the second and third decades of the month, the customer shall send the appeal no later than 35 days before the beginning of the second decade; in that appeal, the purchaser may change a maximum quantity of 1 / 3 of the quantity for the third decade in sizes and colours 35 days before the third decade.

§ 24

Quality

(1) The parties are required to establish in the contract a ratio of individual qualities.

(2) In the case of supplies for internal trade, the basis for determining the ratio of classes of quality in the contract shall be the ratio of classes of quality agreed between the superior bodies of the supplier and the customer or between the contracting parties.

(3) Unless otherwise agreed, compliance with the established quality ratio shall be monitored on a quarterly basis. If the quantity of products delivered in the lower classes exceeds the quantity of products delivered in the lower classes, the supplier shall be obliged to pay periodic penalty payments on the quantity of products delivered in addition in the lower classes. Such periodic penalty payments shall be 5% and shall be calculated on the basis of the price of the highest quality contract. * *)

(4) The fixed ratio of the quality classes does not apply to deliveries of export contours.

(5) The excess supply in higher quality classes within the contractually negotiated quantity is permitted.

§ 25

Minimum dispatch quantity

(to Section 176 of the Act)

(1) Unless otherwise provided for in the price regulations or agreement of the organisations, the minimum dispatch quantity for one consignee from one dispatch point for one consignment of footwear, leather and plastic palantries and for raw hides and skins sorted out shall be... 1 wagon (1 truck). During the expedition, the supplier is obliged to take into account the agreed colour and size range.

(2) The said minimum quantity of dispatch does not apply

- for small-size galvanic products;

- the supply of fashion and technical innovations;

- for samples;

- in cases where direct supplies are agreed between the supplier and the department store or retail store in the framework of the patronage and survey activities;

- supplies to the Ministry of Defence;

- for deliveries to the divestment organisation Řempo as a customer;

in this case, the minimum dispatch quantity shall be determined by agreement between the distribution organisation Řempo and the superior body of the supplier or supplier;

- supplies from marketing organisations;

Citation	Decree of the Ministry of Consumer Industry No. 131 / 1964 Coll., which issues the basic conditions of supply of consumer products
Regulation Type	-
Author	-
Collection	Code of Laws

Date of Promulgation	29.06.1964
Effective from	01.07.1964
Effective until	-
Status	Valid

Decree of the Ministry of Consumer Industry issuing the basic conditions for the supply of consumer products

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