Decree No. 138 / 1985 Coll.
Decree of the Federal Ministry of Agriculture and Nutrition amending and supplementing the Decree of the Federal Ministry of Agriculture and Nutrition No. 50 / 1977 Coll., issuing the basic conditions for the supply of food products supplied to state and cooperative retail organisations and consumer organisations
Valid
Effective from 01.01.1986
138
DECLARATION
Federal Ministry of Agriculture and Nutrition
of 20 December 1985
amending and supplementing Federal Ministry of Agriculture and Nutrition Decree No. 50 / 1977 Coll., laying down the basic conditions for the supply of food products to state and cooperative retail organisations and consumer organisations
The Federal Ministry of Agriculture and Nutrition, in agreement with the participating central authorities and the State Arbitration of the Czechoslovak Socialist Republic, provides, pursuant to Article 392 (1) of Economic Code No. 109 / 1964 Coll., in the full version published under No. 45 / 1983 Coll. (hereinafter referred to as "the Act"):
Decree of the Federal Ministry of Agriculture and Nutrition No 50 / 1977 Coll., which issues the basic conditions for the supply of food products to state and cooperative retail organisations and consumer organisations, is amended as follows:
1.
Scope
This decree regulates the supply of food products produced by organisations under the responsibility of the Ministry of Agriculture and Nutrition of the Czech Socialist Republic, the Ministry of Agriculture and Nutrition of the Slovak Socialist Republic and organisations managed by national committees to state and cooperative retail organisations and consumer organisations. "
2.
Preparatory contracts
(1) In order to improve the fulfilment of the needs of the internal market and to stabilise long-term supply and customer relations, organisations or economic management bodies shall conclude preparatory contracts, such as supply preparation contracts or cooperation agreements. 1)
(2) In particular, the organisation's preparatory contracts
(a) indicate the estimated total annual supply per quarter and their main product groups;
(b) negotiate time limits for the submission of draft supply contracts (orders) and cases where such a proposal can be made by telephone;
(c) negotiate the conditions for market research and coordination in its implementation;
(d) negotiate the conditions for cooperation in the food product innovation sector in accordance with approved programmes, with particular regard to the requirements of rational nutrition and the expansion of the range;
(e) negotiate the terms and conditions of cooperation on the promotion section, in particular the extent of the supply of promotional material or other means provided by the supplier for free promotion of his own products;
(f) negotiate a procedure for the management of supplies to be produced by the supplier as a result of the fact that the total volume or volume of supplies in a particular product range was lower than agreed in the preparatory contract;
(g) negotiate further details on the application and handling of complaints.
(3) In cases where a contract for the preparation of supplies has been specifically established or imposed, the customer shall submit a draft contract for the preparation of supplies no later than one month after the date of the acquisition of the protocol and, if there is a discrepancy, from the decision by the superior economic authorities. In other cases, the buyer shall submit a draft contract for the preparation of supplies no later than 30 September of the year preceding the first delivery.
(4) The contract on the preparation of supplies is concluded for at least one year. "
3.
Delivery contract
(1) The contract for the supply of products is concluded on behalf of the customer by the designated worker, usually the head of the store, unless otherwise provided for in the rules on organisation.
(2) The contractor shall submit a draft contract (order) in the agreed number of copies within the time limits specified in the preparatory contract [Paragraph 2 (2) (b)]. The proposal shall be made on supplier's forms, unless otherwise agreed by the organisation.
(3) In cases where the organisation has agreed to this (Paragraph 2 (2) (b)), the draft contract (order) may be made by telephone. Both organisations shall keep a record of the time and content of the draft contracts thus submitted.
(4) Deliveries which appear to be exceptional in the scope or composition of the required products (special opportunities, holidays, celebrations, etc.) must be agreed with the supplier at least 5 working days before the required performance. '
4. In Article 7, paragraphs 1 and 2 are replaced by the following:
"The supplier shall ensure that the products are transported to their destination. In the event that the customer provides for the removal of products from the works (warehouse) of the supplier for his cargo and the transport costs are included in the price, the supplier is obliged to provide a deduction from the wholesale price (sales premium) in accordance with specific regulations. 1a) '.
5. the following paragraph 4 shall be added to Article 9:
"(4) The supplier shall be obliged to allow the customer to carry out his entry check at the supplier's plant before the delivery is completed. In order to carry out an initial check on the customer, competent staff shall be authorised to entrust the superior authority to the customer unless otherwise agreed by the organisation. In cases where it is found that the products are defective in the course of such checks, the customer's operator carrying out the initial check shall be entitled to verify the quality of the products during the production process. ';
6.
Organisations may not agree in a contract by way of derogation from the provisions of this Decree, except for Sections 8 (4), 9 (4), 10 (3), 11 (2) and (3) and 12 (2). '
This Decree shall take effect on 1 January 1986.
Minister:
Toman CSc. v. r.
1) Sections 162 to 164 of the Act.
2) Paragraph 4 (5) 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.
3) Paragraph 7 (6) of Decree No. 48 / 1980 Coll.
1a) Paragraph 24 (7) of the Order of the Federal Price Office, the Czech Price Office and the Slovak Price Office No. 113 / 1985 Coll., on Prices.
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Regulation Information
| Citation | Federal Ministry of Agriculture and Nutrition Decree No. 138 / 1985 Coll., amending and supplementing Federal Ministry of Agriculture and Nutrition Decree No. 50 / 1977 Coll., issuing the basic conditions for the supply of food products supplied to state and cooperative retail organisations and consumer organisations |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 20.12.1985 |
|---|---|
| Effective from | 01.01.1986 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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