Decree of the Ministry of Metal Industry and ore mines No. 145 / 1964 Coll.
Ordinance of the Ministry of the Metallic Industry and the ore mines issuing basic conditions for the supply of metallurgical products
Valid
Effective from 01.07.1964
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145
DECLARATION
Ministry of Metal Industry and ore mines
of 30 June 1964
on the issue of basic conditions for the supply of metallurgical products
The Ministry of the metallurgical industry and ore mines, in agreement with the participating central authorities and after approval by the main arbiter of the Czechoslovak Socialist Republic, provides for Section 392 of Economic Code No. 109 / 1964 Coll. ("the law '):
Scope
This Decree regulates all deliveries of products listed in Annex I (hereinafter referred to as "products'). However, it shall not apply to supplies for export. In the case of supplies from imports, only in relation to the customer and the importer gestor, the method of submitting orders for products for which import sales are made is regulated.
Metal products and metals
Order formalities
(to Section 165 of the Act)
(2) The order must specify in particular: the name and registered office of the superior production unit and the designation of the central authority (statistical abbreviation), the precise description of the subject of the performance by type, profile, dimensions, thickness, lengths (for hot rolled bars and bars, where appropriate, pre-agreed conditions, the designation of the product list of the steel industry and the ore mines, the time of the required performance and the method of quality control, should be carried out by the supplier before delivery.
(3) In orders for noble steel material, it is also necessary to indicate the purpose of the use or method of further processing (forging, pressing, turning, etc.). The organisations of the Ministry of Steel Industry and ore mines are entitled to require this information also for non-noble steel materials, and, where appropriate, to require the necessary production documentation of the customer (e.g. the edit plan).
(4) Orders must be accompanied by:
(a) exceptional authorisations where products for which authorisation procedures are carried out under the rules are requested;
(b) where products which do not comply with technical standards are requested, an exemption granted by the competent authority; for products which are normally manufactured according to Soviet standards in the Czechoslovak Socialist Republic, no exemption is required.
(5) Where an exceptional authorisation or exemption from technical standards concerns more than one order or is valid for a longer period, it is sufficient to provide only a reference to the relevant document and period of validity in the orders.
Conclusion of domestic supply contracts
(to Article 152 (4) of the Law)
(1) The supplier who received the order is obliged to comment on the order within 40 days of the deadline for submitting the orders. If the order has been submitted late, the supplier shall be obliged to comment on it within 40 days of its submission.
(2) In cases where the customer is obliged to use the specified form for the order, the supplier may express changes or supplements by noting directly on this form. However, the adjustments made must be brought to the attention of the customer by the indication "amendment '.
(3) If the supplier proposes amendments or additions relating to the subject matter or time of performance, the contract shall be concluded as amended and supplements, unless the customer disagrees with the amendments or supplements within 15 days of receiving the supplier's opinion.
Change in the subject matter and temporary interruption of production
(1) If the customer requests a change in the subject-matter of the transaction and the supplier makes the change without changing the delivery period, the customer is obliged to pay the supplier 1% of the price of the products originally agreed on by the change.
(2) If the customer requests a temporary cessation of production (sizing), the supplier is obliged to comply with the request on the date on which it was received but is entitled to complete the operation for reasons of economy. The collector must give an order to continue production within 30 days of the date on which he requested the production to be discontinued, but not later than the last day of the agreed delivery period; If they do not do so, they cannot be relieved of the damage caused by it.
Delivery conditions
(k § 172 - 191 of the Act)
(1) If the customer demonstrates the need for material in lengths other than production, the supplier shall comply with the requirement within the technical standards.
(2) The collector may not waive liability for damage caused by his inaccurate indication of the destination.
(3) The performance of the contract in quantitative units other than planning must be agreed. In that case, the buyer must cover the quantity ordered by the fund corresponding to the theoretical weight. If the supply of the contracted number of units is respected without the material fund transmitted by the customer being used up, the customer shall not be entitled to use the unspent fund; the supplier also has no right to supplement the transferred fund if it exceeds the theoretical weight of the delivered number of pieces, metres or boards.
(4) Unless the technical standards provide otherwise, the tolerance shall be ± 2%.
(5) The minimum shipping quantity for deliveries from production plants is the smallest order quantity of metallurgical products for deliveries from production plants, as determined by decision of the Ministry of Steel and ore mines in agreement with the customer ministries. The smallest order quantity of metallurgical products for deliveries from manufacturing companies is given in the individual price lists of the Ministry of the metallurgical industry and ore mines and in summary in the List of the smallest order quantities of metallurgical products for deliveries from manufacturing companies. The minimum shipping quantity for deliveries from the production outlets is shown in the relevant price list of the Ministry of Steel Industry and ore mines.
(6) The supply of products with a metallurgical attest (certificate) may be requested by the customer in the order only to the extent agreed by the ministries superior to suppliers and customers. Only a metallurgical certificate containing the results of the requested metallurgical tests shall be considered as an atest. The order shall specify which values according to technical standards or agreed technical conditions are to be declared in the metallurgical certificate. The metallurgical test shall be sent to the customer within two working days of the delivery. If the metallurgical test is not sent within the prescribed time limit, the supplier is obliged to pay a penalty payment to the customer under Section 204 (1) of the Act. In addition, the buyer is entitled to refuse to pay the invoice until the metallurgical test is received, provided that the material is not processed by then. Where products have been quality-tested by a foreign authority in the supplier's undertaking, the two-day period shall run after the date on which the investigating authority transfers the results of the inspection to the manufacturer.
(7) If only the customer requests a certificate of the content of the elements from the results of the chemical analysis of the melting sample, this is not a metallurgical test and the customer may not justify the requirement technically. This information shall, as a general rule, be shown on the dispatches.
(8) For products for which, by way of derogation from the provisions of the applicable price lists, the Ministry of the steel industry and the ore mines decides to be invoiced in a theoretical weight, the weight is invoiced in theory and, for the performance of the contract, the standard quantity of meters delivered, pieces, boards and the like, the theoretical weight of which corresponds to the fund cover submitted, irrespective of the actual weight of the supply.
(9) The metallurgical sales base which is late in delivery 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 more penalty of 5% of the price of the non-delivered products. *)
Verification of filling
(to paragraphs 193 and 197 of the Act)
(1) If, at the time of the collection of the consignment, the weight difference against the weight shown by the supplier on the accompanying documents is found to be up to ± 1% on the basis of official weighing, the customer shall not be entitled to claim the difference. This does not apply to precious metals and diamonds.
(2) If the results of the chemical analysis of the percentage of metals or chemical elements also indicative of invoicing by the customer are different from those issued by the supplier by more than the technical standard of the analytical methods or range laid down by the contract, the customer is obliged to provide samples for the performance of the impartial analysis. Such samples shall be taken in a specified manner in the presence of a supplier who is obliged to appear at the customer's request within the time limit laid down by the contract and, failing that, within 48 hours of receipt of the call unless he expressly declares that he will not be present to take the sample into the customer's undertaking. If the supplier refuses to participate or does not appear within the time limit set, the buyer shall be entitled to take samples with the participation of the worker of the non-party organisation.
(3) Before using metallurgical products, customers are required to check compliance with the technical standards.
Liability for defects
(to Section 201 of the Act)
(1
(a) the subcontracting of products for export; or
(b) products which will not be heat-treated or mechanically processed by the customer (split-free); However, the extended guarantee period may only be negotiated for such guarantee cases as are the result of defects arising from the production of the material.
(2) In exercising the right of liability for defective performance under an extended guarantee period agreement, the customer may only require:
(a) free disposal of the defect within the agreed period; or
(b) if removal of the defect is not possible, to the extent that the defective supply of the new impeccable supply is not possible in the shortest possible period of time.
(3) The rights referred to in paragraph 2 cannot be exercised by the customer if:
(a) the quality of the metallurgical product chosen by it was inappropriate for the purpose used, except where the order indicated a sufficient indication of the purpose of the use;
(b) the metallurgical product was subject to heat effects not foreseen by the technical standard before application.
(4) The collector is obliged to send a complaint to the supplier with the relevant documents in one copy and if the supplier is not a manufacturer, double. It shall also indicate the contract number and the sending label in the complaint.
(5) The collector can return the products only according to the previous supplier's disposition. The transport documents must indicate that the products are claimed and indicate the numbers of the corresponding claim.
(6) If the customer finds an unremovable defect of the product only during or after processing, the customer shall, in addition to the rights set out in Section 201 of the Act, also have the right to compensation; the extent of the compensation shall be the sum of one-step wages and half of the workshop and business-wide overhead incurred for the working of the products until the working operation in 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.
(7) Where a statistical receipt (Section 196 of the Act) is carried out, the customer cannot exercise the rights set out in Section 201 (2) of the Act, the first sentence, to the extent of the non-advertising quantity provided for in the adoption plan.
Supply of consumer goods
The following derogation shall apply to the organisations of the Ministry of Internal Trade and the Central Association of Consumer Cooperatives for the supply of consumer goods listed in Annex II:
(a) customers do not submit fund lists for orders;
(b) where the volume of the fixed annual quantity is filled by specific orders for each quarter, the metallurgical products shall be delivered during the delivery quarter in equal monthly quantities both in weight and in product types agreed in the contract;
(c) Paragraph 9 (1) shall not apply;
(d) in the supply to customers for whom, by agreement of the superior ministries, metallurgical outlets carry out wholesale activities, the supply is satisfied by the composition of the agreed products in the customer warehouse (sales). The supplier shall, in agreement with the customer, lodge the products on the site accessible to the supplier's truck if it is not possible to drive the goods into the warehouse.
Rudy and minerals
Time limits for submission of orders
(k § 152 of the Act)
The collector shall submit the orders to the supplier in duplicate within the time limit set out in Annex I and, in the absence thereof, no later than 60 days before the beginning of the year in which the deliveries are to be made.
Delivery periods and quality
(Articles 172 and 187 of the Law)
(1) Delivery periods shall not be agreed for a period of less than one calendar month.
(2) It may be agreed in the contract that the supplier is obliged, within 30 days of the beginning of the delivery quarter, to specify the volume of quarterly deliveries per month and, where appropriate, to communicate the extent of daily deliveries within the monthly delivery period. If the supplier fails to comply with this Agreement and does not communicate the monthly delivery plan within the prescribed time limit, the consistency of monthly and daily deliveries shall apply. Undelivered quantities are compensated by the supplier of increased daily deliveries. Unless otherwise agreed in the contract, the increase in daily deliveries shall not exceed 1 / 20 of the quantity contracted for the monthly delivery.
(3) The quality of the ores and minerals must be negotiated according to technical standards or, where appropriate, according to a valid base established by the Ministry of Metal Industry and the ore mines. The contract shall also provide a form or method for chemical analysis to determine the quality of the ore and minerals supplied.
Delivery conditions
(k § 172 - 191 of the Act)
(1) If the customer requests delivery in railway wagons of a particular type, this requirement must be indicated in the order, but not later than before the date for ordering railway wagons. In such a case, the supplier shall require the railway to deliver such wagons. If the railway does not meet the supplier's requirements for the introduction of railway wagons of a type or series in good time and properly applied, the ores or minerals shall be sent in wagons of a railway type or series, provided that transport is permitted in accordance with the timetable.
(2) If the customer does not withdraw the consignment, he must request instructions from the supplier as to whether the delivery should be returned to another customer or supplier.
(3) The supplier shall send to the customer:
(a) the dispatch label or loading list within 24 hours of the date on which the consignment was dispatched;
(b) a report of chemical analysis of delivered ores or minerals within the period laid down in the technical standards or, where appropriate, within the period agreed in the contract. If the time limit is neither fixed nor agreed, within 36 hours of the date of dispatch.
(4) Where the technical standard or contract is agreed, the supplier shall document each consignment with a godly (sales) sample. The religious sample shall be sealed and sent to the customer no later than 24 hours after the dispatch date, unless otherwise agreed in the contract.
(5) If the supplier has not sent the supplier the accompanying documentation of the technical inspection to the customer, the label, the chemical analysis report or the godly sample within the prescribed time limit, the supplier shall be obliged to pay a penalty of 25 CZK for each case.
(6) The weight of carriage consignments is determined on the rolling stock with the validity of the rail weighing at the supplier or at the dispatch station, or at the ticket station or at the destination station. The weight shall be certified by means of a serious note and a stamp on the consignment note. If the consignment has not been so weighed, the weight determined in accordance with Paragraph 175 (3) (b) of the Act shall apply. When delivered by car, cable car or other means of transport, the weight recorded on completion shall be valid.
(7) The quantity delivered within one month may deviate from the quantity agreed by ± 5%.
Verification of filling
(to Article 197 of the Law)
(1) Unless otherwise agreed in the contract, the quality of ores and minerals shall be checked by the supplier at the place of loading.
(2) If the customer does not agree with the analysis of the supplier confirming the quality of the ore and minerals dispatched, he shall inform the supplier, unless otherwise specified in the contract, within 7 days of receipt of the analysis or of the sample of goods (sales). If the results of the chemical analysis carried out by the customer differ from that provided by the supplier in the accompanying documentation by more than the standard of analytical methods or ranges laid down in the contract, the two organisations shall have the right to require the analysis of the arbitration sample in a laboratory agreed on *). The outcome of the arbitration analysis shall be binding on both organisations. The expenses related to the conduct of the arbitration panel shall be borne by the organisation in respect of which the result of the analysis has been shown to be detrimental.
(3) If the customer (based on analyses of samples taken from the consignment) has doubts about the quality delivered, even if the data in the accompanying documentation and chemical analysis of the sealed sample are in agreement, he has the right to request a replacement sampling of the consignment with the supplier. This sample replaces the sample of the godly. If the supplier fails to arrive within the time limit laid down by the contract and if this time limit is not set in the contract, within 48 hours of receipt of the call for replacement sampling, the standard replacement sample taken by the customer in the manner and the instruments prescribed. The costs incurred in taking and analysing this replacement sample, as well as the other costs (delays, movements of wagons and others) shall be borne by the organisation in respect of which the result of the chemical analysis has failed.
Penalties for defective deliveries
(to Section 206 of the Act)
Where the technical standard or contract determines that the quality of ores or minerals is monitored and penalised in both daily and monthly consignments and the supplier fails to comply with both quality indicators, the penalty amount shall be deducted from the amount of the penalty payment for the defective monthly delivery of the amount of penalty payments which is attributable to defective daily deliveries.
Metal waste
Establishment of delivery and collection obligations
(Articles 117 and 152 - 154 of the Act)
(8) The national undertakings Kovoscrap order metal waste from their suppliers under the following headings, which must be included in the order:
non-alloy scrap of steel,
Alloy steel scrap,
broken iron,
waste of pure copper and copper alloys, refining waste and residues,
waste of pure aluminium and aluminium alloys including magnesium and residues;
waste of pure lead and lead alloys including balances;
waste of pure zinc and zinc alloys including hard zinc and residues;
waste of pure tin and tin alloys including balances;
waste of pure nickel and nickel alloys.
(9) Selectors order metal waste from national undertakings, Kovoscrap, under the following headings, which must be included in the order:
| šrot ocelový nelegovaný | |
| - pro vysoké pece | |
| - pro ocelárny lehký | |
| - pro ocelárny těžký | - schopný vsázky |
| - elektropecní | |
| - neupravený | |
| - pro kuplovny, | |
| šrot ocelový legovaný, | |
| zlomková litina | - kokilová |
| - ostatní, | |
| odpad mědi čisté, | |
| odpad mosazi a mědiniklů, | |
| odpad cínových bronzů, | |
| odpad červených slitin, | |
| rafinační odpad mědi a slitin včetně zůstatků a speciálních bronzů, | |
| odpad čistého hliníku, | |
| odpad slitin skupiny Al - Cu - Mg, | |
| odpad slitin skupiny Al - Si, | |
| odpad ostatních slitin hliníku včetně netříděného odpadu a zůstatků, | |
| odpad čistého olova, | |
| odpad ložiskových kovů na bázi olova, | |
| odpad akumulátorového olova, | |
| odpad ostatních slitin olova včetně zůstatků, | |
| odpad čistého zinku, | |
| tvrdý zinek a odpad zinkových slitin, | |
| zinkové zůstatky včetně zinkoolovnatých popelů, | |
| odpad čistého cínu, | |
| odpad ložiskových kovů na bázi cínu, | |
| odpad ostatních slitin cínu včetně zůstatků, | |
| odpad čistého niklu, | |
| odpad niklových slitin, | |
| odpad hořčíkových slitin. | |
(10) Organisations may agree in a contract on a more detailed breakdown than referred to in paragraphs 8 and 9.
(11) Steel alloy scrap means steel scrap for which, according to price regulations, a premium is invoiced for the content of the alloy elements.
(12) Collectors of national undertakings Kovoscrap cannot demand supplies of unprepared and incapacitated metal waste.
Delivery period
(k § 187 of the Act)
(1) Unless otherwise assessed by the organisation in justified cases, quarterly delivery periods are agreed.
(2) If the amount of monthly deliveries is not agreed, the supplier is obliged to supply metal waste equally in each month of the quarter.
(3) Quantities up to 20 tonnes of metal waste on a quarterly basis shall be supplied by the supplier in one-off.
Transport of metallic waste by supplier
(to Section 180 of the Act)
In the case of supplies to a national undertaking, the supplier who has a tractor or co-user of a tractor and which has a metallic waste of at least 250 tonnes per year shall, at the request of the national undertaking, dispose and dispatch of metallic waste by its disposal either directly to the consumers of metallic waste or to the establishments of the national undertakings of Kovoscrap or to other destinations. The delivery message shall be sent by the supplier both to the consumer and to the national undertaking Kovoscrap.
Transport of metallic waste by the customer
(to Section 180 of the Act)
(1) If the supplier of the national undertaking Kovoscrap is not obliged to dispose and dispatch of metal waste pursuant to § 21, the shipment of metal waste to the destination shall be ensured by the national undertaking Kovoscrap.
(2) The supplier shall immediately notify the local competent national undertaking Kovoscrap of the type and quantity of metal waste prepared for delivery, if the quantity of waste of steel and cast iron reaches 3000 kg or the waste of non-ferrous metals 100 kg when transported by car, or the quantity required to load the railway wagon when shipped by rail from the supplier's tractor. The national undertaking Kovoskrit is obliged to arrange for the removal of metal waste within 30 days of receipt of the notification or within a specific time limit. A longer deadline may be agreed in particular if it allows better use of the mechanisation means for the disposal and removal of metal waste.
(3) The supplier shall collect metal waste at places accessible to the goods vehicle or suitable for loading to railway wagons and, where possible, for access and use of metal waste handling equipment.
(4) The supplier shall, by mutual agreement, allow the national undertaking Kovokrit to use its own tractor for the disposal and dispatch of metallic waste from the supplier and from other sources and its own means of mechanisation, in particular loading, for the reimbursement of the costs incurred. He is also obliged to allow him to take metal waste even outside normal working hours and to take the necessary measures to do so, for example, for entering the vehicle, for weighing the waste and for lighting up the waste dump.
(5) If the supplier notifies the national company Kovokrit of incorrect information about the quantity and type of metal waste prepared for delivery or if the supplier has not been able to carry out the metal waste for reasons on the part of the supplier, the supplier shall replace the national undertaking Kovokrit with the damage caused. If it is a freight car, the damage compensation is 45 CZK for each tonne of unused loading weight or for each unused m2 of the loading area of the car.
Delivery conditions
(k § 172 - 191 of the Act)
(1) If several types of metal waste are sent by the supplier in one railway vehicle, he shall be obliged to take measures to ensure that metallic waste is not mixed. In one railway vehicle, the supplier may send not more than two types of non-alloy steel scrap and not more than five types of alloy steel scrap or non-ferrous metal waste.
(2) The collectors shall, by prior agreement, take over the metallic waste supplied by the lorries and beyond normal working hours and take the necessary measures to do so, for example for the entry of the vehicle, for taking over and unloading of the metal waste. Collectors shall be obliged to take measures to enable suppliers to use their mechanical unloading equipment, such as a folding device, when supplying metal waste by cars.
(3) Suppliers are required to supply metal waste in a disassembled state, broken down into pieces capable of loading onto a truck with normal loading agents. If the supplier is unable to dismantle without any external assistance, he shall agree to cooperate with the Kovokrit national undertaking which, if dismantling is carried out, shall provide a calculation of the costs associated with dismantling before the work begins; these costs shall be borne by the supplier. The provisions on the obligation to deliver metal waste in the dismantled state shall not apply to rolling stock.
(4) The supplier shall ensure that metallic waste is free from explosives and other harmful substances and does not contain dangerous goods which could endanger human life during storage, handling and processing or cause any other damage. At the request of the customer, the supplier is obliged to issue a confirmation of this.
(5) The supplier of alloy steel scrap and non-ferrous metal waste shall, on the day of dispatch of the shipment, send to the customer a report on the quantity and quality of metal waste supplied. The report's breakdown is attached to the consignment. Deliveries of other metal waste shall not be reported, except those carried out in accordance with Section 21.
(6) Suppliers with metal waste treatment facilities (presses, shredders, lashes) are obliged to supply metal waste treated. In the case of the spare capacity of these facilities, calculated in three-shift operations, they are obliged to offer locally to the competent national enterprise Kovoskrit and, according to its disposal, to make an adjustment to the metal waste supplied to them by the national enterprise Kovoskrit. In the absence of sufficient capacity for the conversion plant of the national enterprise Kovoskrit, customers shall be obliged to take over metal waste not treated up to the amount of spare capacity of their adjustment plant.
Quantity
(to Section 175 of the Act)
(1) Unless otherwise specified in the technical standard, the quantity delivered by one supplier for deliveries up to 100 t may deviate by ± 5% on a quarterly basis from the quantity fixed or agreed and by ± 2% on a quarterly basis for deliveries above 100 t.
(2) For the fulfilment of the obligations, the weight of metal waste delivered shall be the standard weight after deduction of impurities, other additives and moisture, if they exceed the weight permitted under technical standards.
(3) When delivered by rail, the supplier shall require the weighing of consignments by means of an expensive entry in the consignment note. If the supplier has a rail weight on the tractor with the validity of the rail weighing, he shall carry out the weighing himself. In both cases, the weight must be evidenced by a loading note on the spot "weight recorded by the expensive" and stamped by a serious note. If the consignment has not been so weighed by the supplier or by the expensive, it shall pay for the quantity delivered to the customer in respect of the weight with the validity of the rail weighing. If the consignment has not been weighed on the customer's weight with the validity of the rail weighing, the quantity recorded on the officially rated weight of the supplier shall be valid and, if this weight is not detected, the quantity recorded on the officially rated weight of the customer. In other cases, the weight declared by the supplier shall apply. If the weight is found at the station of destination or at the customer's place of destination, the customer shall, at the supplier's request, submit to him for inspection the original consignment note with a serious ticket.
(4) In the case of delivery by means of road, the weight recorded on the official scale shall apply. If the delivery is not so weighed, the weight recorded on the officially rated weight of the national undertaking Kovocrit shall apply.
Invoice
(1) The supplier shall issue invoices on the basis of the information contained in the transport documents. Where metallic waste is supplied and taken over according to a chemical analysis (§ 26), the supplier shall issue the invoice upon determination of the chemical analysis.
(2) If the customer proves, within the meaning of Section 24, a different weight of the consignment which is different from the weight invoiced by the supplier by more than ± 1%, the supplier shall, within 2 days of receipt of the weighing document, issue the relevant credit or, where appropriate, invoice the difference.
Implementation check
(k § 192 - 197 of the Act)
(1) Unless otherwise assessed by the organisation, the following metal waste shall be supplied according to the chemical composition:
(a) alloy steel scrap;
(b) non-ferrous metal refining and residual waste, aluminium chips and aluminium alloys, tin bronze and red alloy waste, soft and hard lead waste, tin-based and tin-based bearing metals; This provision shall not apply to the purchase of waste which is taken over by the national undertaking Kovokrit under the agreement with the supplier in the quality tel quel;
(c) other wastes of non-ferrous metals, if the customer claims the chemical composition of the supply.
(2) In the case of metallic waste taken under chemical analysis, the buyer of the national enterprise Kovoscrap shall take samples with his or her participation or, where appropriate, if the national enterprise Kovoskut so agrees, without his or her participation. One sample shall be received by the national enterprise Kovoscrap, one kept by the customer who shall keep the third sealed sample in case of arbitral analysis. In the absence of a participation in the sample collection of Kovoscrit, the buyer shall send the sample no later than the following working day.
(3) Both the collector and the national undertaking Kovokrit are required to carry out chemical analysis without undue delay and to send it to the second organisation immediately after implementation, no later than 21 days after the customer has received the shipment of metallic waste. If one of the organisations has not sent a chemical analysis within that time limit, the analysis carried out by the other organisation shall be valid and none of the organisations has sent it, the chemical analysis referred to in the dispatch documents shall apply.
(4) If the results of the chemical analysis carried out by the customer differ from that declared by the supplier by more than the standard of analytical methods or ranges provided for in the contract, both organisations have the right to require the analysis of the arbitration sample in a laboratory agreed upon by the organisation. The expenses related to the conduct of the arbitration panel shall be borne by the organisation in respect of which the result of the analysis has been shown to be detrimental.
(5) The chemical analysis determined in accordance with paragraphs 2 to 4 is also decisive for suppliers of the national enterprise Kovoskrit. That undertaking shall have the right to claim the results of the chemical analysis against its supplier within 30 days of the determination of the chemical analysis with its customer.
(6) In the case of waste of non-ferrous metals containing mechanical iron (e.g. aircraft scrap, zinc alloys mixed with iron), where sampling is not possible, the customer is obliged to allow the supplier to verify the quantity of mechanical iron.
Advertising procedure
(k § 198 - 203 of the Act)
(1) In the complaint, the customer will also submit proposals for further use of the metal waste supplied.
(2) Recovered metal waste shall be stored separately by the customer, in the condition provided, until the recovery of the claim or until the expiry of the time limits prescribed for its execution.
(3) If the customer from the national undertaking Kovoskrat, the claimed metal waste, is not sufficiently sorted, it shall take it over as a reclassified waste if the supplying national undertaking Kovokrit carries out the reclassification of its own staff and on its cargo agreed by the supplier within a reasonable period or if the reclassification of the customer in agreement with the supplying national undertaking Kovokrit on its account. If the customer does not state in the complaint that he is taking over metallic waste, the supplying national undertaking Kovoskrit has the right to dispose of metallic waste according to its sales plan.
(4) If waste is not used for customers, the supplier is obliged to dispose of the recovered waste within 10 days of the end of the complaint procedure. If the supplier has not sent the supplier to the customer within that time limit, the customer is entitled to send the claimed waste to the supplier's address, which must inform the supplier at least 3 days in advance. The costs of predisposing and returning the waste claimed shall be borne by the supplier.
(5) In the case of large customers with an annual collection exceeding 100 000 tonnes of metallic waste, the national enterprise Kovoskrit Praha sets up its permanent representative, which has the function of output technical control; it is involved in the detection of defects in the supply of metallic waste delivered by a national undertaking, Kovoscrap. The collectors are obliged to create conditions for the proper performance of the office of representative of the national enterprise Kovoskrit Praha. The details of the performance of this function shall be negotiated by the customers with the undertaking.
Property sanctions
(k § 204 - 210 of the Act)
(1) For the calculation of the periodic penalty payments for non-compliance with the supply, the types of metal waste referred to in paragraphs 8 and 9 and, where applicable, 10 shall be considered as a whole. Penalties shall not be paid if the supplier, instead of less quality waste, supplies waste of a better quality, instead of light waste, heavy-duty waste or untreated waste capable of being put in.
(2) If the customer changes the transport capacity for the consignment which is already on its way or if it is incorrect for the consignment, the supplier shall pay a penalty payment of 100 CZK. The changes resulting from the change in the plan schedule shall not be regarded as an altered or incorrect disposition.
(3) In the absence of a transfer of metal waste by the Kovoskrit national undertaking within the period referred to in Article 22 (2), it shall pay a penalty payment of 20 CZK for each individual case in addition to any penalty for non-execution. This provision applies only where the time limit for carriage is agreed for more than 30 days.
(5) If the customer of the national undertaking Kovoscrap refuses to take over the shipment of metallic waste without legal reason or disables the performance, he shall, at the supplier's request, agree to cancel the contract to the extent that he has prevented the supply from being delivered.
Type and quality of metal waste
(1) Suppliers of industrial metal waste are required to collect and classify it according to technical standards *).
(2) Non-industrial metallic waste is the suppliers of the national undertakings Kovoskrit are obliged to classify according to their disposal.
Supplies to national undertakings
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Regulation Information
| Citation | Decree of the Ministry of Metal Industry and ore mines No. 145 / 1964 Coll., which issues the basic conditions of supply of metallurgical 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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