Decree of the Ministr- President of the Central Commission of People's Control and Statistics No 154 / 1964 Coll.
Decree of the Administration of the President of the Central Commission for People's Control and Statistics issuing the basic conditions for the supply of machine calculus
Valid
Effective from 01.07.1964
154
DECLARATION
Administration-President of the Central Commission of People's Control and Statistics
of 1 July 1964
on the issue of basic conditions for the supply of machine calculus
The Minister-President of the Central Commission for People's Control and Statistics, in agreement with the central authorities involved, and after approval by the Chief Arbiter of the Czechoslovak Socialist Republic, provides for Article 392 of Economic Code No. 109 / 1964 Coll. ("the law '):
Scope
This decree regulates the supply of all machine numerals outside the development works.
Conclusion of economic contracts
(1) The contract is concluded in writing, as a general rule, for a period of one calendar year and for all the volume of work to be carried out in the relevant period. The project or agreed project, and, where appropriate, the agreed working procedure, shall be the basis for concluding the contract, specifying in particular the arrangements and formalities for the processing documents (hereinafter referred to as "documents') and the results of the processing and assembly (hereinafter referred to as" assemblies') and the technical processing procedure of the assembly.
(2) For works for a period of one year and for a longer period, the buyer submits to the supplier a draft contract three months before the beginning of the period for which the contract is to be concluded.
(3) For one-off and one-year work, the buyer shall submit a draft contract to the supplier as required. The contractor shall be obliged to comment on the draft contract no later than 15 days after receipt of the contract.
Content of the contract
(1) The organisation shall, as a general rule, agree:
(a) the period for which the contract is concluded;
(b) a brief description of the work agreed upon, indicating the purpose of its use and, where appropriate, the appeal to the project or the work process;
(c) the arrangements and deadlines for the transmission of documents and the submission of reports; those deadlines may not be longer than those specified in the project, binding on both organisations,
(d) the estimated number of items in total and in monthly breakdown;
(e) the estimated value of the works;
(f) the period during which the assemblies are processed;
(g) the designation of the organizational services of the buyer (e.g. plant, warehouse, shop, department) to be used for the transfer of the documents and the approximate number and indication of the items that will be assigned to each organisational unit.
(2) The time limits for the transmission of documents shall be agreed by the organisation in the contract for each organisational unit of the customer.
(3) If the customer exceeds or fails to comply with the agreed number of items by more than 15% above the tolerance (Paragraph 6 (2)) for two calendar months consecutive and if this is not only a transitional condition, the organisation shall, if necessary, agree on the volume of the contract for the remaining period by the 15th day of the following month.
(4) If the customer transfers the last documents late or with a number of items above the tolerance (Paragraph 6 (1)), the organisation shall agree on a new deadline for the submission of the reports if necessary.
Documents
(1) The documents must have the arrangements and formalities laid down by the project and, where appropriate, the working procedure and be complete, legible and factually correct.
(2) If the documents do not contain the particulars referred to in the preceding paragraph, the supplier shall notify the customer of the defect without delay after it has been established by telex, telephone, telegram or, where appropriate, in person. The collector shall remove or instruct the supplier to remove the defect. The documents in this case shall be deemed to have been transmitted on the date on which the defect was removed; if it has taken place after 10: 00, the documents shall be deemed to have been transmitted until the following day. The accounting documents shall be corrected in an accounting manner.
(3) The incompleteness of the documents returned by the supplier to the customer after processing must be notified in writing to the supplier, unless otherwise assessed, within 5 days of receipt.
(4) The supplier shall be responsible for the safe storage of the documents which the customer has given him for processing.
Transmission of documents
(1) The documents must be transmitted to the supplier continuously and evenly. Unless otherwise agreed in the contract, the buyer shall be obliged to transmit the documents to the supplier each working day in the range of 1 / 25 per month of the agreed number of items.
(2) Unless otherwise assessed by the organisation, one component of the documents may not contain less than 50 items; This does not apply to the last consignment of documents of the relevant period.
(3) The items transmitted by work of the same type shall be assessed together for each day, even if the consignment contains evidence of different types of economic operations. Items of one-off actions agreed in advance shall not be counted against the daily number of items regularly transmitted. If the supplier carries out work for several organizational services of the customer, the number of transferred items of the same type shall be assessed for the whole organisation.
(4) The time limit for the transmission of the documents is satisfied if the customer has transmitted within that period all documents relating to the work of the same type of organisation concerned. Documents transmitted before the agreed deadline shall not be deemed to have been transmitted until the agreed deadline.
(5) Unless otherwise assessed by the organisation, the documents shall be transmitted in due time if they have been delivered by 8: 00 a.m. to the supplier's establishment, in interlocal contact with the use of public transport or mail by 8: 00 p.m. to a place designated by the supplier; However, if, when using public transport or mail in interlocal traffic, the documents have been transmitted in time if the customer has submitted them to the agreed public transport service or mail service in such a way that they are delivered in time and if, as a result of the delay in transport, they have been delivered to a place designated by the supplier at least within 10 hours of the date specified.
(6) Documents shall also be submitted late if the customer has passed on a number of items less than the tolerance for the delivery of the daily number (Paragraph 6 (1)).
(7) The two organisations shall keep a record of the transmission and receipt of the documents, which shall include in particular the date and time of transmission and receipt of the consignment.
Tolerance
(1) If the organisation fails to evaluate other deviations in the contract, the number of items transferred to processing in one day may deviate from the specified and, where appropriate, agreed daily number: at the agreed monthly number of items
| do 100 000 | o ± 15 %, |
| do 300 000 | o ± 10 %, |
| do 500 000 | o ± 5 %, |
| nad 500 000 | o ± 2 %. |
(2) If the organisation fails to assess any other derogation in the contract, the number of items in one month shall be transmitted within the margin referred to in paragraph 1.
(3) If the daily or monthly number of Derogation Items referred to in the preceding paragraphs exceeds those Derogation, items exceeding those Derogation shall be deemed to have been transmitted until the following day or the following month, or if the Organisation does not otherwise assess.
Submission of sets
(1) If the time limit for the submission of the reports is agreed on from the time of the transmission of the documents, that period shall begin the day following the day on which the documents for all the organizational services of the customer were transmitted.
(2) The supplier shall forward the assemblies and the processed documents to the customer in accordance with the agreement in his establishment or establishment to the customer for confirmation in which the customer indicates the date and time of receipt. When using public transport or mail in interlocal contact, the supplier of the assembly and the processed documents shall send the customer as a recommended consignment or an agreed public transport connection.
(3) The reports shall be submitted in due time if they have:
(a) in local contact, surrendered to the customer on the last day of the period at the latest at the specified time and, if the hour is not specified, no later than the following day at the latest at 8 o'clock;
(b) in interlocal contact, the last day of the time limit shall be surrendered to the customer and, where public transport or mail is used, the last day of the time limit to the agreed public transport or mail service.
Liability rights (complaint proceedings)
(1) Discrepancies in sets which are already evident at the time of taking over the assembly, the customer is obliged to complain in writing with the supplier within 5 days of the receipt of the assembly, unless the organisation has agreed or the supplier has given a further period.
(2) The customer is obliged to complain in writing to the supplier within one month of the receipt of the assembly and the defect which can only be detected in the reconciliation of the accounts within 2 days of its establishment. Organisations may agree or suppliers may provide longer periods.
(3) The collector shall, in serious cases, attach to the complaint a defective assembly or, where appropriate, returned documents; The documents shall, however, accompany the complaint whenever necessary for the preparation of the new assembly.
(4) The supplier shall notify the customer, no later than 10 days after receipt of the complaint, whether he recognises the complaint or for what reasons he refuses to recognise it.
(5) If the claim is justified and the customer does not refuse to take over the assembly (paragraph 7), the supplier shall, according to the order of the customer, correct the defective set-up or prepare a new set-up, preferably before another work and within the time limit agreed with the customer and on his own cargo. However, if they correct the defective set-up under the agreement with the supplier of the customer, the repair costs shall be borne by the supplier.
(6) If the failure of the assembly was due to a failure of the documents or other underlying material of the customer, which the supplier could not identify, the costs of the repair or the preparation of the new assembly of the customer shall be borne by the customer according to the proportion of the fitness of the material in the failure of the assembly.
(7) The collector shall be entitled to refuse to take over the assembly if the defects in its processing are such that the assembly cannot be used for the intended purpose.
(8) If the supplier has identified a failure of the assembly after its surrender, he shall notify the customer in an agreed manner.
(9) The sets and documents which the customer has added to the complaint will be returned by the supplier to the customer at the same time as the revised or new assembly.
If the customer refuses to take over the defective assembly (§ 8 (7)) or withdraws from the contract in the case referred to in § 139 of the Act, the rejected assembly should have been the basis for processing other assemblies and the customer had to process the necessary data manually from other documents, the supplier is obliged to ensure the continuity of the following sets.
Property sanctions
(1) If the number of items transmitted in the month concerned for processing the agreed number reduced by the tolerance is not achieved, the buyer shall be obliged to pay the supplier for the items missing from the agreed number reduced by the tolerance, a penalty of 10% on the price of the works which would have been carried out on the basis of those items.
(2) If the supplier does not submit the package on time, he is obliged to pay the customer a penalty payment of 0,5% of its expected price and to follow up on such a set of other sets which the customer could not use in due time for its delay, as well as the expected price of those other sets.
(3) In the case of works which have seasonal effects (e.g. spring and autumn ploughing, cereal harvesting and okopanin harvesting, increased purchases during the season), organisations may agree in the contract property penalties by way of derogation from the provisions of the preceding paragraphs. The collector shall notify the supplier of seasonal fluctuations in the number of items no later than 15 days before the beginning of the month in which the processing is to take place.
Storage of punch marks
(1) Unless otherwise agreed in the contract, the supplier shall store punch labels for customers for a period of 3 months from the date of submission of the report. In particular, organisations may agree on longer storage when labels are to be used for further processing.
(2) If the customer has not kept the punch labels until the end of the storage period until his own storage period, the supplier shall forward them, after having expressed the previous written consent of the customer, to the relevant waste material collection for shredding. The proceeds of shredding belong to the supplier.
(3) If the customer does not agree with the shredding or if it is a punch mark for which a longer storage period is valid under special regulations *) the supplier sends them to the customer after the storage period (paragraph 1) has expired.
(4) The supplier and the customer shall keep a simple, operationally technical record of the storage and shredding of punch labels, giving an overview of the management of used punch labels.
Further use of processed material
The supplier is obliged to carry out, within the scope of its operational possibilities, on the basis of the processed material of the customer's work also for another organisation, if the processed material of its mutual supply with the customer and the customer gives his consent. The supplier shall agree in a contract to be concluded with the organisation the way and procedure for carrying out the work which is most economical in terms of the use of the processed material and the execution of the work.
Payment of costs
The costs of interaction, including the costs of the transmission of documents and the submission of reports, shall be borne by the customer, unless otherwise assessed by the organisation.
Final provisions
The Decree shall take effect on 1 July 1964.
Deputy Prime Minister:
Vochala v. r.
*) For example Government Decree No. 30 / 1958 Coll. as amended by Government Decree No. 120 / 1961 Coll., Decree No. 102 / 1958 Ú. l. (§ 90) and Decree No. 62 / 1953 Ú. l.
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Regulation Information
| Citation | Decree of the Ministr- President of the Central Commission of People's Control and Statistics No. 154 / 1964 Coll., on the issue of the basic terms of supply of machinery |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 01.07.1964 |
|---|---|
| Effective from | 01.07.1964 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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