Decree of the Minister of Foreign Affairs No. 17 / 1980 Coll.
Ordinance of the Minister for Foreign Affairs on amendments and additions to the General Conditions for the Supply of Goods between Member States' Organisations of the Mutual Economic Assistance Council (VDP RVHP 1968 / 1975)
Valid
Effective from 01.01.1980
17
DECLARATION
Minister for Foreign Affairs
of 23 January 1980
amending and supplementing the General Conditions for the Supply of Goods between Member States' Organisations of the Mutual Economic Assistance Council (VDP RVHP 1968 / 1975)
At the 54th meeting of the Standing Commission on Foreign Trade in Moscow, amendments were adopted on 13 April 1979 to the General Conditions for the supply of goods between the organisations of the Member States of the Council of mutual economic assistance (VDP RVHP 1968 / 1975). The text of the General Conditions for the Supply of Goods between the Organisations of the Member States of the Mutual Economic Assistance Council, which includes the abovementioned amendments and additions, is renumbered "VDP RVHP 1968 / 1975 in the 1979 edition."
The Federal Assembly of the Czechoslovak Socialist Republic has given its consent to the amendments and the addition of the General Terms and Conditions and the President of the Czechoslovak Socialist Republic has ratified them.
The amendments and additions to the General Conditions entered into force on 1 January 1980.
The general terms and conditions and the amendments and additions are bound by the People's Republic of Bulgaria, the Republic of Cuba, the People's Republic of Hungary, the People's Republic of Mongolia, the Democratic Republic of Germany, the People's Republic of Poland, the Socialist Republic of Romania and the Union of Soviet Socialist Republics by 1 January 1980.
The Czech translation of the text of amendments and additions to the General Terms is announced at the same time.
Minister:
Ing. Chupek v. r.
AMENDMENTS AND ADJUSTMENTS
General conditions for the supply of goods between the organizations of the Member States of the Council of mutual economic assistance (VDP RVHP 1968 / 1975)
The general conditions for the supply of goods between the organizations of the Member States of the Council of mutual economic assistance as amended in 1968 and 1975 (VDP RVHP 1968 / 1975) are amended as follows:
1. Paragraph 58 reads:
Where, on the basis of an unjustified request from the purchaser, the amount paid has been recovered, the buyer shall, in addition to that amount, pay the seller a penalty equal to 0,1% of that amount for each day of delay, from the date of repayment of the amount until the date of final payment, but not more than 5% of the amount unduly recovered. ';
2. Paragraph 67 (6) is deleted.
3. Paragraph 67a (2) becomes paragraph 4.
4. In Article 67a, the following paragraphs 2 and 3 are inserted after paragraph 1:
'2. The forms of material responsibility are:
(a) payment of periodic penalty payments by a party which has not fulfilled or has inappropriately fulfilled an obligation (debtor) to the other party (creditor);
(b) compensation to the creditor by the debtor.
3. The relevant provisions of these General Delivery Conditions and bilateral agreements shall specify in which cases the forms of material liability referred to in paragraph 1 of this Article shall apply. ';
5. the following paragraph 1 is inserted in Section 67c:
"1. A Party shall not be entitled to compensation in the following cases where these General Delivery Conditions provide for a penalty payment
- for delay in delivery (§ 83);
- for late delivery of technical documentation (§ 84);
- for failure to deliver an analysis certificate (§ 84a);
- in the event of the cessation of consignments for repeated defects (Section 80 (3));
- for the impossibility of using the goods as intended (Sections 31 (5) and 75 (4));
- for undue repayment (§ 58);
- for failure to open the letter of credit within the prescribed period (Sections 67 (1) and (3)). "
6. Paragraph 67c is renumbered paragraph 2.
7. paragraphs 4, 5 and 6 shall be deleted in Paragraph 67d.
8. The following Section 67e is inserted after Section 67d:
1. Damage means expenses incurred by the creditor, loss or damage to his property as well as loss of profit.
2. The costs incurred by the creditor and the loss or damage to his property shall be refunded as damage under these General Delivery Conditions. The profit foregone shall be replaced only if provided for in a bilateral agreement or contract.
3. The debtor shall not be obliged to make good any damage which the creditor may have avoided if he had shown the usual care in relations of the species.
4. The Contracting Parties may not use the amounts of periodic penalty payments paid to their counterparties within the State in accordance with national legislation or under economic agreements as compensation.
5. There is no indirect damage. "
9. Paragraph 84 repeals paragraph 2.
10. the following Section 84a is inserted after Section 84:
1. The Parties may agree that the Seller shall submit to the Buyer a certificate of analysis (for example, raw materials, castings and rolled material), without which goods cannot be used as intended. The contract shall specify the information to be included in the analysis certificate.
2. Where a seller who has assumed an obligation under paragraph 1 of this paragraph to submit an analysis certificate without which the goods cannot be used according to his designation, is late in submitting such a certificate, he shall pay the periodic penalty payment calculated from the price of the goods covered by the certificate in the manner and at the amount specified in Paragraph 83. ';
11. in Paragraph 85, paragraphs 4 and 5 are renumbered paragraphs 5 and 6.
12. In Paragraph 85, the following paragraph 4 is inserted after paragraph 3:
"4. When withdrawing from a contract under this paragraph, the buyer may, at the time of the notice of withdrawal of the contract, apply to the seller instead of the penalty payment for the delay provided for in Paragraph 83.
- either a penalty payment of 8% of the price of the goods in respect of which the purchaser withdraws from the contract;
- or compensation; where the buyer does not show damage or higher damage, the compensation shall be 4% of the price of the goods in respect of which the buyer has withdrawn from the contract. ';
13. the following Section 86a is inserted after Section 86:
If the purchaser infringes the provisions of Paragraph 78 (1) by returning the goods in respect of which the claim has been made, the seller shall have the right to request from the buyer either payment of a penalty payment of 2% of the price of the returned goods or compensation. '
14. paragraphs 2 and 3 are deleted in Paragraph 88.
15. In Paragraph 88, paragraphs 2 and 3 are inserted after paragraph 1:
'2. The statement on the exercise of the right to payment of periodic penalty payments shall contain information enabling the party to whom the claim is claimed to discuss it and give a substantive reply within the time limit set in Paragraph 89.
Unless otherwise provided for in the contract, the statement of entitlement shall state:
(a) the number of the contract and, where appropriate, the items of the contract (as specified in the Annex to the contract) to which the claim relates;
(b) the name of the goods under contract;
(c) a reference to the relevant provisions of these General Delivery Conditions or bilateral agreements or to the contractual conditions under which entitlement is claimed;
(d) an infringement of the contract for which entitlement is claimed (delay in delivery, repayment of the amount paid for an unsubstantiated request, delay in opening the letter of credit, etc.);
(e) the amount of entitlement;
(f) the calculation of periodic penalty payments.
Where two or more of the items of the contract (annexes to the contract) are eligible, the calculation of the periodic penalty payments shall be made for each item separately.
3. Where any of the particulars referred to in points (a) to (f) of paragraph 2 of this Article are missing in the statement of entitlement, the provisions of Paragraph 74 (2) to (4) shall apply. ';
16. The following Section 89a is inserted after Section 89:
Paragraphs 88 and 89 shall apply to all claims for payment of periodic penalty payments provided for in these General Delivery Conditions, bilateral agreement or contract. '
17. Paragraph 94 (2) (b) reads as follows:
"(b) in the case of actions based on claims for payment of periodic penalty payments, the day following the date on which the party claiming the claim received the reply in respect of the claim and where the reply in question was not given within the period laid down in Paragraph 89 - the day following the date on which the time limit for the reply to the claim was expired."
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Regulation Information
| Citation | Decree of the Minister for Foreign Affairs No. 17 / 1980 Coll., on amendments and additions to the General Conditions for the supply of goods between the member state organisations of the Council of mutual economic assistance (VDP RVHP 1968 / 1975) |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 21.02.1980 |
|---|---|
| Effective from | 01.01.1980 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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