Decree No. 142 / 1964 Coll.
Ordinance of the Ministry of Fuel issuing basic conditions for the supply of solid fuels
Valid
Effective from 01.07.1964
142
DECLARATION
Ministry of Fuel
of 29 June 1964
issuing basic conditions for the supply of solid fuels
The Ministry of Fuel, 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. (hereinafter referred to as "the Act"):
Preliminary provisions
Scope
This decree regulates the supply of solid fuels; However, it shall not apply to supplies for export and from import and to supplies carried out by state trade organisations.
Contract for the supply of solid fuels
Draft contract
(1) In the draft contract, the buyer shall, as a general rule, also indicate:
(a) the customer's registration number (if any);
(b) an indication of the expected consumption in the relevant quarter (this figure is not indicated by the state trade organisations),
(c) maximum daily landing capacity and maximum storage capacity.
(2) The draft contract must always contain the transport available.
Time limits for the submission of draft contracts
(k § 152 of the Act)
(1) The contractor shall submit the draft contract to the supplier not later than 30 days before the beginning of the quarter in which the contract is to be started.
(2) The draft contract for the supply of coal-fired coke is submitted by the buyer to the organisation, in charge of the balance sheet gesture, no later than 45 days before the beginning of the quarter in which it is to be started. If the designated organisation itself is a supplier, it shall comment on the draft contract within the time limit referred to in paragraph 3; if the supplier designates another organisation, it shall transmit the draft contract to it within 7 days of delivery and inform the customer at the same time of the designation of the supplier. If several suppliers are to be satisfied, they shall return the contract proposal to the customer and notify it within 7 days of receipt of the supplier's designation. In this case, the buyer shall submit a draft contract to the designated suppliers within the time limit referred to in paragraph 1.
(3) The supplier shall be obliged to comment on the draft contract within 25 days of the expiry of the deadline; in the case of a late draft contract, within 25 days of its delivery.
Delivery performance
(to Section 168 of the Act)
If the products are transported by cable car or conveyor belt, the delivery is completed by loading at the factory.
Deliveries sent early
(Articles 129 and 169 of the Law)
The collector shall not be entitled to refuse to supply the products before the agreed time of performance. However, the supplier is obliged to make deliveries so that the quantity of products delivered does not exceed the customer's maximum daily landing capacity and its maximum storage capacity.
General delivery conditions
Classification and substitutability
(1) Fuels are supplied in the commercial sorting according to price lists.
Quality groups
The supplier shall, at the request of the State Trade Organisation, as applied in the draft contract, notify the quality groups to be delivered in the following month, by the end of the preceding month.
Fuel quality detection methods
(1) Workers of the manufacturing plant (s) shall identify the essential characteristics of the fuel quality in the manner adapted in the technical standards, *) and, where appropriate, other quality characteristics in accordance with the specific agreements.
(2) The results of the laboratory analyses are communicated to customers only for special-purpose supplies under special agreements negotiated by the superior central authorities.
Fuel quality control certificate
(to Article 192 of the Law)
The quality control certificate shall contain in particular the number of the technical standard and the percentage of visible noise and dust in the case of sorted non-washed types of fuel, or subsiding, if they exceed the maximum values set by the technical standard.
Quantity
(to Section 175 of the Act)
(1) The official weighing of vehicle consignments is carried out on the scales of the factory. If weighing cannot be carried out at the supplier's or at the traveller's station and no other way of weighing is agreed, the weight shall be determined officially at the place of destination.
(2) The quantity delivered during the contract period may deviate from the quantity agreed by ± 2%. If the fully loading standard for solid fuels for railway wagons used for transport cannot be used for the determined axis pressure and therefore a quantity smaller than that determined must be delivered, the supply difference of less than 15 tonnes shall not be offset against the agreed quantity.
Transport
(to Section 180 of the Act)
(1) Specific provisions lay down the distance between which transport of fuels is carried out by means of road transport; these means of transport are provided by the customer.
(2) The supplier is not obliged to notify the customer (s) of the dispatch of the consignment unless otherwise agreed in exceptional cases.
Concentrated wagon shipments
(1) Fuel suppliers are obliged, in cooperation with the railway authorities and customers, to make use of all shipping options for the concentration of railway freight (in the next "wagon shipment ') and the creation of as many complete trains as possible. The supplier shall provide the customer at his request with the relevant information necessary to ensure the smooth unloading of such consignments.
(2) Paragraph 5 of the second sentence applies mutatis mutandis.
Transfer of the consignment
(1) The supplier is entitled, on the basis of a decision taken by the competent authorities or for technical reasons, to transfer the consignment already submitted for transport to another destination. In this case, it was filled with new customers. In the case of pre-arranged deliveries, the supplier is obliged to notify the recipient (by telephone, telegraphic) of the transfer of the consignment without delay. The original customer shall be obliged to send a replacement delivery in such a way as not to jeopardise its operation.
(2) If the customer transfers the consignment without the supplier's consent, he shall reimburse the costs incurred.
(3) The supplier shall, no later than a week after milking the consignment of incorrect sorting to the destination station, which the customer refused to take over pursuant to Paragraph 20 (2), transmit to the customer the disposition needed to send the fuel not taken over to another customer. All costs associated with this shall be borne by the supplier. The collector shall not be entitled to send the consignment to another customer or return it to the supplier without instructions from the supplier. The exception applies only to n.
Delivery of means of transport
(1) The collector who has a take-over device for self-propelled railway wagons, wagons of a specific type and series is obliged to state in the contract that he requires supplies in such vehicles as well as a precise transport technical disposition. The supplier shall require the railway to deliver these wagons if the customer does not have them himself. If the railway fails to meet the supplier's requirements for the introduction of self-propelled wagons or wagons of a specific type and series in due time and properly applied, the fuel shall be sent to the wagons of the railway. The supplier shall notify the customer of the dispatch of the consignment in vehicles other than those requested in such a way that the report is made before the arrival of the consignment.
(2) The supplier shall not supply fuel in large-scale Vsa and Vsa vehicles in cases where the customer cannot accept such consignments for non-compliant technical conditions on the tractor. This is demonstrated by the customer, at the supplier's request, by a confirmation issued by the chief of the railway station concerned.
(3) If the customer does not ensure the timely unloading and return of the wagons in administration or temporary use, according to the timetable, and the supplier is obliged to require the introduction of railway wagons for the loading of the products for free circulation or cannot be dispatched for these reasons, the customer shall bear the costs incurred.
(4) When purchasing fuel by means of road transport (§ 13 (1)), the customer is obliged to place it on mining production enterprises (plants) according to the schedule of the supplier indicated on the removal order, unless the competent authorities provide otherwise or if the organisation fails to assess otherwise. If the customer does not deliver means of transport or fails to comply with the fuel consumption according to the timetable, the customer shall pay the costs incurred; This also applies to the transport of cable car or conveyor belt customers.
(5) If the supplier does not ensure the loading of the means of transport delivered by the customer to the extent and time agreed in advance, the supplier shall be obliged to reimburse the customer for the costs incurred.
Exceptional tariffs
The supplier shall only issue the consignment on an exceptional tariff if the customer so requests in the draft contract.
Delivery periods
(k § 187 of the Act)
Delivery periods shall be agreed to the quarter. In doing so, the supplier is obliged to provide supplies within the quarter in such a way that there is no disruption in the customers' plants due to fuel shortages. Where justified, the needs of one of the Contracting Parties may be agreed upon by the organisation by other delivery times and, where appropriate, by more detailed conditions of dispatch.
Liability for defective performance and complaints
Verification of filling
(1) In the event of a defect in the quality of the fuel supplied, the customer shall:
(a) notify the supplier without undue delay, by telephone or telegraph, and invite him to participate in the control receipt;
(b) if, at the time of telephone notification, no other agreement is reached, the defective delivery is unloaded, marked and stored separately,
(c) if the worker of the manufacturing undertaking (s) or supplier does not appear within 3 days of receipt of the notification of the defect of the supply to the control receipt, the purchaser shall be entitled to carry it out with the participation of a social inspection body or other impartial person.
(2) In the case of supplies carried out through a sales organisation, the manufacturing undertaking (plant) is entitled to participate, on the basis of an immediate notification by the sales organisation, in the control receipt with the customer.
Liability for defects
(to Section 201 of the Act)
(1) If fuel is supplied whose average quality, determined by laboratory analysis or by a mechanical test of samples, exceeds the maximum permissible ash content in the anhydrous sample, the visible noise content, the maximum sizing value (dust content in the sorted species), the customer has only the right to a reasonable discount from the rights referred to in Section 201 (1) of the Act; However, if it is unable to use the defective fuel supplied for the intended purposes without disrupting operation, it shall have the right to require a new impeccable performance or cancellation of the contract. If no other agreement is reached, the supplier shall be obliged to give the customer within a week after the receipt of the claim a disposition to which the defective fuel is to be sent for the fuel to be delivered.
(2) If the supplier fails to comply with the defined or agreed substitutability by supplying another classification, the customer has only the right to require a new impeccable performance. In such a case, the collector shall inform the supplier by telephone or telegraph of his request without undue delay, but not later than 24 hours.
Liability period for defects (warranty period)
(to Section 136 of the Act)
The guarantee period shall be:
(a) for direct consignments from imports five days after receipt of the consignment by the customer, *)
(b) for other consignments, seven days after receipt by the customer.
Advertising procedure
(1) A written complaint is sent by the customer to the supplier in duplicate.
(2) For direct consignments from imports, the customer sends a complaint to the competent foreign trade undertaking and in a copy to the supplier.
(3) If the laboratory analysis is carried out, the customer shall send the result to the supplier within 2 days of delivery.
Property sanctions
Penalties for defective performance
(to paragraphs 206 and 208 of the Act)
(1) The supplier is obliged to pay a penalty payment of 5% of the price of the defective fuel only if a delivery contract has been concluded from a certain mine or if it is not possible to use the delivered defective fuel for the intended purposes without disrupting the operation of the customer.
(2) Penalties for defective performance are not payable:
(a) where fuel is supplied better than the quality of the contract;
(b) where the fuel is supplied under agreements concluded within the meaning of Article 26;
(c) where the customer retains the supply referred to in Article 20 (2).
Penalties for insufficient quality control certificates
A supplier who has not issued a certificate of fuel quality control or has issued an incomplete or incorrect certificate of quality control shall be obliged to pay the customer for each individual consignment of a periodic penalty payment of 20 CZK, but not more than 100 CZK for the total number of consignments sent to the customer on the same date.
Payment and credit relations
Invoice and payment
(1) Where more than 80 tonnes of fuel are supplied to the customer per month, the organisation shall negotiate payments in the form of a scheduled bill, unless the supplies are invoiced daily; organisations may agree to pay in this form even in lower deliveries.
(2) The terms of the instalments for the supply of fuel between the sales organisation and consumers are set at 7, 14, 21 and 27 each month; the payment dates for fuel supplies between mining (production) undertakings and the sales organisation shall be 10, 17, 24 and the last day of each month.
Provisions common and final
More detailed agreements may be agreed between the central authorities for the supply of fuel for special purposes.
Efficacy
This Decree shall take effect on 1 July 1964.
Minister:
Refeat Rev.
*) There are now ČSN 44 1340, 44 1350, 44 1351, 44 1352, 44 1407, 44 1302, 44 1303, 44 1304, 44 1306 and 44 1307.
*) This time limit corresponds to the time limit set in the basic conditions for the supply of products imported by the foreign trade undertaking Metalimex.
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Regulation Information
| Citation | Decree of the Ministry of Fuel No. 142 / 1964 Coll., which issues the basic terms of supply of solid fuels |
|---|---|
| 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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