Decree of the Ministry of General Engineering and Heavy Engineering No. 135 / 1964 Coll.
Ordinance of the Ministries of General Engineering and Heavy Engineering issuing basic conditions for the supply of mechanical and electrical products
Valid
Effective from 01.07.1964
135
DECLARATION
Ministries of General Engineering and Heavy Engineering
of 30 June 1964
on the issue of basic conditions for the supply of engineering and electrical products
The Ministry of General Engineering and Heavy Engineering, in agreement with the central authorities involved, 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 '):
Scope
(1) This Order regulates all deliveries
(a) engineering and electrical products and spare parts for them;
(b) articles of mechanical metallurgy;
(c) plastic products *)
(3) However, this decree does not apply to supplies from and for exports.
(4) The provisions of Part Two shall apply mutatis mutandis to works of an engineering nature carried out at the supplier's plant, except for repairs. * *)
Liability for defects (guarantee)
(§ 198 of the Act)
(1) The guarantee period shall be 12 months after delivery, unless the technical standard provides for a different guarantee period. The guarantee period for subcontracting of all stages shall be for the period during which the customer is obliged to fulfil his obligations under liability for defects, but not more than 4 years after the delivery has been completed.
(2) Where, for a product or part thereof, the technical standard, technical conditions, agreed guarantee conditions or contract provides for a shorter lifetime (usability) than the warranty period, the supplier shall be responsible for the fact that the product (part of it) will have the specified characteristics only for the lifetime (usability).
(3) The organisation shall agree on the scope and duration of the guarantee for products on which the repass has been made; However, this shall not affect the guarantee provided for in paragraph 1.
(4) Where a customer has requested a particular design, design or arrangement of the ordered products on the basis of the technical documentation provided by him, the supplier shall not be responsible for defects which are due to the design, design or arrangement required by the technical documentation of the customer. If the supplier informs the customer of the imperfections of the technical documentation of the customer, the customer shall immediately give new orders.
(5) If there is delay in putting the machine or equipment into service for reasons on the part of the supplier, in particular because the supplier has not provided drawings, directives on use and other data or services, although required to do so, the liability period shall be extended by the period during which the delay took place.
(6) The supplier shall not be liable for deterioration of performance or damage caused by normal wear, or for parts of the product designed to prevent the destruction or damage of the product by destroying it in excessive stress.
(7) If
(a) the product has been put into service without the participation of the supplier if its participation has been agreed;
(b) the product is not used in a specified or usual manner;
(c) the product has not been properly treated, in particular its storage, maintenance and operation; if the product requires special storage, servicing or maintenance, the supplier is obliged to notify the customer before the delivery is completed, otherwise it would not be possible to assume that the deterioration of the product's characteristics or damage was caused by the customer,
(d) the product has been subject to changes or repairs by the customer or by someone else - except for repairs necessary to keep it in operation. In particular, the parts of the product which have been sealed must not be broken or repaired,
the deterioration of the product's characteristics or damage is assumed to have been caused by the customer.
(8) Where a guarantee is made at the customer's disposal, the customer is obliged to give the supplier for use on its load of his equipment and technical equipment, electrical and other energy, auxiliary labour, etc., within the framework of his planned tasks. If the repair is not carried out at the customer's premises, the customer is obliged to send the defective product (part of the product) to make a guarantee repair on the supplier's cargo to a location designated by the supplier. Replaced defective parts and, where applicable, replaced defective products belong to the supplier.
(9) If the organisation is satisfied to extend the guarantee period or to provide a longer guarantee, the agreement shall specify in particular:
(a) the duration of the guarantee;
(b) the conditions under which the supplier's obligation under the guarantee arises;
(c) how the guarantee case is notified,
(d) the content and scope of the supplier's obligations in the guarantee case, including the longest period for the guarantee correction or exchange;
(e) the obligations of the customer during the duration of the guarantee and the provisions concerning the termination of the guarantee before the end of the guarantee period.
(10) For non-standard products with an unremovable defect, the customer cannot require the cancellation of the contract (Section 201 (1) of the Act) if the product fulfils the agreed function.
(11) Where the customer requests the removal of the defect, the supplier shall have the right to determine whether the defective product will be repaired or replaced.
SUPPLIES OF POLOTOVAR AND MACHINERY METALURGIA
Definition of deliveries
Machinery metallurgy products are castings of grey cast iron, ductile and tempered cast iron, cast steel, non-ferrous metals, hot castings, forgings and powder metallurgy products listed in the single nomenclature of mechanical metallurgy.
Compensation
(1) In addition to the rights set out in Section 201 of the Act, if a customer finds an unremovable defect during or after processing, the customer also has the right to compensation; the extent of compensation shall be the sum of one-step wages and half of the workshop and business-wide overhead incurred for the processing of products until the working operation at which the customer identified the defect or until the time during which it was possible to detect the defect due to the nature of the customer's operation. The supplier may not waive that responsibility.
(2) The organisation's agreement may provide for a fixed compensation for the repair of defective products by the customer.
(3) In the case of non-standard products with a removable defect, the customer may repair the supplier's cargo only with his consent. If the supplier does not comment on the customer's request within 12 days of the date of dispatch, it shall agree to the customer's correction.
Guarantee period
The guarantee period shall be six months after delivery, unless the technical standard provides for a different guarantee period; where the period of the normal processing cycle, together with the period fixed for storage for more than six months, is extended to the period corresponding to that cycle and to that storage cycle. Where product ageing is established by technological regulations, the guarantee period shall be extended to the sum of the prescribed ageing period and the normal processing cycle.
This Decree shall take effect on 1 July 1964.
Minister for Heavy Engineering:
Pešl v. r.
Minister of General Engineering:
Polack v. r.
Annex to Decree No 135 / 1964 Coll.
Supplies of station battery batteries
Storage
(1) Storage collector
(a) lead plates in a room with a temperature of between 15 ° C and 30 ° C, separately positive and negative, vertically with banners up,
(b) glass balloons so as to avoid damage;
(c) unpacked wooden stands in a dry room of constant temperature;
(d) boxes marked "Do not unpack" in a wet place.
Installation and commissioning of batteries
(2) Battery assembly shall be carried out by the manufacturer unless otherwise agreed.
(3) The manufacturer shall order sulphuric acid, oxygen and hydrogen from his subcontractors before starting the assembly. The transport of these materials from their production plant and the return of empty steel bottles within 50 km is provided by the customer; they shall be required to report to the supplier.
Installation ready
(4) The collector is obliged within the agreed time limits
(a) prepare and clean the battery chamber,
b) ensure that the wiring is installed from the charging source to the battery, or from the battery to the appliance according to the agreed plan. The ends of the line, if they are copper, will be made, if they are aluminium, will be covered,
(c) maintain an air temperature at a cumulative level of at least + 10 ° C.
(5) If the customer is late in preparing the workplace, the manufacturer shall be entitled to withdraw his installer immediately and to require payment of all the costs. The supplier will re-send the installer only by mutual agreement with the customer.
(6) The manufacturer shall be responsible to the customer for the quality of the battery 12 months after receipt of the battery by the customer after completion of the assembly, but not more than 15 months after completion of the battery supply. The collector is obliged to keep an operating diary about the battery operation, which he will submit at the same time as the complaint.
Return of packaging
(7) The collector shall return to his cargo and at his risk no later than 10 days after the signature of the acknowledgement of receipt of the battery, or upon receipt of a special written notification of the glass balloons and steel bottles to the addresses notified in writing by the supplier and to which he shall receive the completed relevant transport documents - in this certificate or in a special written order.
*) These ZPD refer to plastic parts and finished products, excluding those in polyvinyl chloride (PVC).
* *) Repair of engineering products is governed by the provisions of the Regulations of the Ministry of General Engineering No. 136 / 64 Coll. and No. 137 / 64 Coll.
*) This provides for a derogation from § 204 (1) of the Act for sales organisations.
1) Article 239 of the Economic Code.
2) Article 14 (1) of Act No. 142 / 1970 Coll., on Foreign Exchange Economy. Paragraph 21 (1) of Decree No. 143 / 1970 of the Federal Ministry of Finance and the Federal Ministry of Foreign Trade Coll., implementing the Foreign Exchange Economic Act. § 23 (3) of the Decree of the State Planning Commission and the State Arbitration of the Czechoslovak Socialist Republic No. 48 / 1980 Coll., on the material balance and discussion of supply-customer relations in the planning process.
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Regulation Information
| Citation | Decree of the Ministry of General Engineering and Heavy Engineering No. 135 / 1964 Coll., which issues the basic conditions of supply of mechanical and electrical products |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 30.06.1964 |
|---|---|
| Effective from | 01.07.1964 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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