Decree of the Ministry of Construction No. 173 / 1964 Coll.
Decree of the Ministry of Construction issuing basic conditions for the supply of construction materials, structures and parts
Valid
Effective from 01.10.1964
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173
DECLARATION
Ministry of Construction
of 30 June 1964
to issue basic conditions for the supply of building materials, structures and components.
The Ministry of Construction, 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. (hereinafter referred to as "the Act"):
Scope
This decree regulates all deliveries
(a) Maltese
(b) asbestos cement products
(c) ceramic raw materials and products and refractory products with the exception of magnesite and chrommagnesite products
(d) stoneware, quarry and gravel products
(e) alien products
(f) construction parts and concrete products
(g) light filling for concrete
(h) Isolation
(i) other products supplied by the sales organisation of construction materials, *)
However, it shall not apply to supplies for export and from imports.
(1) The provisions of Section II regulate deliveries between outlets and their customers and between outlets.
(2) Section III regulates only deliveries between outlets which dispose of other organisations and production organisations.
(3) The point of disposal is the organisation designated in the Product List; it may be both a sales organisation and a production organisation if it carries out sales for another producer.
Supplies between customers and outlets and between outlets
Supply preparation contract
(to Section 156 of the Act)
Supply preparation contracts shall be negotiated for at least one calendar (planning) year. Proposals for supply preparation contracts shall be submitted at the latest within the time limits for submitting orders for the first quarter of the year in which supplies are to be made.
Contract periods and deadlines for submission of draft contracts
(k § 152 of the Act)
(1) Contracts for the supply of construction materials, structures and parts shall be concluded in the case of en route supplies, unless otherwise provided in the List of Products of the Construction, Construction and Components Sectors, in agreement with the central authorities involved, for a quarterly period, and for deliveries from warehouses, for a weekly period.
(2) The collector shall submit to the supplier (point of sale) a draft contract for the supply of products (order), made directly from the production plant (route) no later than the following time limits before the beginning of the period in which supplies are to be made:
| a) kanalizační a hospodářská kamenina, kyselinovzdorné klíny a plátky do 5 cm | 2 měsíce |
| b) stavební dílce a výrobky betonové, železobetonové a z předpjatého betonu atypické, dosud nevyráběné nebo nevyráběné v běžném nebo minulém roce, | 3 měsíce |
| osinkocementové trouby, tvarovky a ostatní osinkocementové výrobky s výjimkou krytiny rovné a vlnité a rovných desek typizovaných rozměrů, | |
| bloky pro kamenické práce, | |
| kvádry mostní a tunelové, | |
| kameny mlýnské a šrotovací, | |
| atypické desky a schody z přírodního kamene, | |
| kamenické výrobky výslovně nejmenované (sloupy, pilíře, patky, hlavice, zábradlí, schodnice atd.), | |
| kyselinovzdorné tvárnice kameninové strojově vyráběné, | |
| trouby a plnicí materiál z chemické kameniny, | |
| šamotové a dinasové normálky a normalizované klíny | |
| c) osinkocementové tvarovky neuvedené v ceníku MSv, tvárnice kameninové kyselinovzdorné ručně vyráběné, chemická kamenina dodávaná v hodnotě do 10 000 Kčs, tvárnice žárovzdorné dodávané v množství do 500 t, tuhové výrobky | 4 měsíce |
| d) lavicové desky a vanové kameny, tvárnice žárovzdorné dosud nevyráběné nebo dodávané v množství přesahujícím 500 t, chemická kamenina v hodnotě přesahující 10 tis. Kčs | 5 měsíců |
| e) ostatní výrobky traťově dodávané | 6 týdnů |
Organisations may agree shorter time limits for submitting orders.
(3) Delivery for the foreign trade company Tuzex is subject to the time limits laid down in the agreement between the Ministry of Construction and the foreign trade undertaking Tuzex.
(4) Customers shall submit orders for deliveries from the outlets no later than 2 weeks before the week in which the delivery is to be made.
Time limits for comments on the draft contract
(to Section 154 of the Act)
(1) The supplier (point of sale) is obliged to comment on the order not later than within the following time limits before the beginning of the period in which the delivery is to take place:
| a) u výrobků, uvedených v § 4 odst. 2 písm. a), e) | 17 dní |
| b) u výrobků, uvedených v § 4 odst. 2 písm. b) | 1 měsíc |
| c) u výrobků, uvedených v § 4 odst. 2 písm. c) | 2 měsíce |
| d) u výrobků, uvedených v § 4 odst. 2 písm. d) | 3 měsíce |
| e) u výrobků, uvedených v § 4 odst. 4 | 3 dny. |
(2) In the case of late orders submitted, the supplier is obliged to express himself within the time limit corresponding to the delay of the customer with the submission of the order.
(3) Where products with different time-limits are requested in a single order, the supplier shall be obliged to express himself within the time limit specified for the order for products with the shortest time-limit.
(4) In the order confirmation, the place of disposal shall be indicated by the manufacturing or sales organisation that carries out the delivery and its premises or storage.
(5) If the supplier proposes amendments or additions relating to the subject matter or time of performance, the contract shall be concluded in the version of those amendments and supplements, unless the customer disagrees with the amendments or supplements within 15 days of receiving the supplier's opinion.
Implementation by storage of products
(to Article 168 (2) of the Law)
For products supplied directly to the consumer, the supplier is entitled to comply with the provisions of Section 168 (2) of the Act only if the finished complete products are atypical or single-purpose.
Complete
(to Section 173 of the Act)
The collector shall be entitled to require the supply of products in sets or packages only for the following products:
(a) asbestos cement tubes - Gibault couplings and fittings,
(b) asbestos-cement templates - scallops, lace, knees, nails, rivets, wind and scallops,
(c) asbestos cement (asbestos cement) plates of corrugated - scallops, attachments, knees, screws, washers,
(d) burnt coverings - scallops,
(e) refractory products - shape pieces,
(f) building and chemical stoneware - shapes,
(g) stone pipes - shapes,
h) Hurd slant cut - foot to hurdle,
(i) tiles - shapes.
Labelling of products
(k § 174 of the Act)
The following products are referred to only on the accompanying documents: bulk cement, limestone excluding ground delivered in sacks, lime lump, lime bottom, concrete mine blocks, mesh Ceramide, unburnt bricks and blocks, poroconcrete blocks and blocks, brick grates, quarrying products, quarrying products, quarrying products, quarrying products, gravel, mortar sands, ceramic materials, non-ground materials supplied in sacks, ceramic insulation industrial and construction except the insulation of spills supplied in sacks, refractory mortars and bulk materials.
Units of performance
(to Section 175 of the Act)
The performance of contracts in terms of quantities shall be assessed in the units in which the product is planned.
Expedition conditions
(k § 175 - 177 of the Act)
(1) The minimum consignment quantity for deliveries by rail is one wagon. In case of delivery of bagged products from the sales warehouses, the minimum shipping quantity is one bag (original packaging).
(2) Where the contract or the appeal is for a quantity of less than 50 tonnes, the supplier (the production organisation) may supply a higher quantity of products than agreed but not more than 60 tonnes due to the cost-effective use of the load weight of the wagon. The difference between the quantities contracted and delivered shall be settled in the following delivery. If it is not possible to offset the weight difference in the subsequent delivery, the supplier must agree in advance with the customer on the quantity he wishes to send in addition.
(3) For the supply of bulk cement, lime and limestone, quarry, gravel and grit, gypsum, ceramic raw materials, refractory materials of grain, building, industrial, forming and glass sands, a weight tolerance of ± 2% is permitted for each wagon. This tolerance does not balance. For wagons of these products, differences in quantities may not be claimed if they do not exceed ± 2% per wagon.
(4) If products are supplied in bags of the same weight (egulated bags), a weight tolerance of ± 2% per bag is permitted. If the minimum tolerance is exceeded, the customer has the right to exchange bags of inadequate weight or to retain bags of inadequate weight, he is only obliged to pay the weight actually delivered. In addition, it is entitled to periodic penalty payments under Paragraph 208 (1) of the Act when the tolerance is exceeded (plus or minus). If the weight of the whole consignment is higher than the number of bags of the same weight delivered, the supplier shall be entitled to invoice only the weight corresponding to the number of bags of the same weight delivered, without taking into account the tolerance provided. If the weight of the whole consignment is lower than the number of bags of the same weight delivered without taking into account the tolerance laid down, the supplier shall be entitled to invoice only the weight actually delivered.
(5) In the case of consignments of gravel and sands, where the quantity is determined by volume of the consignment, a reduction of not more than 8% shall be permitted as a result of a transport earthquake.
(6) Refractory fittings, not standardised on a national scale, may be supplied for individual ordered pieces in addition to:
(a) for an ordered quantity of one piece up to 300%,
(b) for an ordered quantity of up to 150%,
(c) for an ordered quantity of three to five pieces up to 100%,
(d) for the quantity ordered, six to twenty-nine head up to 50%,
(e) for an ordered quantity of 30 to 100 pieces up to 10%,
(f) in the case of an ordered quantity of one to five hundred pieces and in the case of hand-held fittings up to 5%.
If the supplier (the production organisation) invokes, according to the MSv price list, a small quantity of the ordered products referred to in (a) -f, the extra items delivered shall be invoiced at a price without this premium.
(7) In the case of blocks of chemical stoneware, additional items may be provided for each ordered item:
(a) for the quantity ordered, one to nine pieces up to 200%;
(b) for the quantity ordered, between 10 and 20 head and 20%;
(c) for an ordered quantity of between twenty-one and one hundred pieces up to 10%.
Packaging
(Articles 178 and 179 of the Law)
(1) Specific rules apply to deliveries of bricks and bags in lard. *)
(2) The packaging shall also be considered as a means of ensuring the load against displacement and damage, such as materials, sleepers and garages, if they are not invoiced under price regulations. Filling material (reeds, straw, paper filling, etc.) is not considered as packaging.
(3) Foreigners' products, sent in open wagons, must be coated with lime spray.
(4) Covered wagons are always required by the sender to seal.
(5) Property penalties for late return or non-return of packaging shall always be charged by the production organisation directly to the consignee of the consignment.
Vehicle consignment dispatch report
(to Section 180 of the Act)
(1) The message of dispatch of the vehicle consignment (labeling) contains the wagon number, the order number (recall, dispatch order), the quantity and type of products.
(2) It may be agreed in the contract that the consignment message is not sent.
Transport
(to Section 180 of the Act)
(1) The supplier is obliged to identify the supplier, taking into account the maximum use of production capacities and the volume of inter-regional supplies (Section 6), so that transport is as short as possible and as economical as possible. The means of transport shall be negotiated by the organisations in the contract.
(2) Supplier provides transport
- products intended for agricultural investment construction, where they are so indicated in the draft contract,
- calcium fertilisers,
- products intended for sale to citizens, provided that commercial organisations are brought into storage and that they do not own the means of transport,
- other products when transported by rail or by water.
In other cases, transport is provided by the customer. However, organisations may agree on other means of transport.
(3) A wagon of a type other than that in which the products are normally sent to the customer is only authorised to send the supplier if its unloading is technically feasible with the customer. The supplier shall notify the customer of the departure of such a wagon in the dispatch report.
Samples submitted by the supplier
(to Article 181 of the Law)
Samples shall be submitted at the request of the customer as a basis for concluding the contract only where the customer requires special characteristics or products not yet produced or modified.
Documentation
(Articles 182 and 183 of the Law)
The operating instructions are attached to products for which a technical standard is established or which the Ministry of Construction has designated in agreement with the central authorities of the superior customers.
(to Article 192 of the Law)
The quality and completeness certificate may be carried out by a separate document or document on the accompanying documents.
Quantity determination
(to § 193 to 197 of the Act)
If the derogation from the quantity declared by the supplier in the dispatch document, as established at the time of the official survey, exceeds a certain tolerance (Section 13), the supplier shall bear the costs of the official identification of the quantity.
Delivery periods
(k § 187 of the Act)
Delivery periods must be set for en-route deliveries with an accuracy of the calendar month, for storage deliveries with an accuracy of the week of delivery. Where monthly delivery periods are not specified in the quarterly contract, they shall be valid for the agreed monthly delivery periods for each third of the quantity contracted.
(1) If the buyer takes the products out of the warehouse or from the factory, he shall discuss with the place of departure the time of collection no later than 24 hours in advance.
(2) For a further 48 hours (for lime 24 hours), the supplier (sales organisation) is obliged to keep the products that have been purchased ready for collection.
Complaints
(Articles 136 and 194 of the Law)
(1) The collector must always send the claim to the organisation which invokes the delivery; it fulfils its obligation to submit a complaint to the supplier. If the supplier is an organisation other than the one invoicing the delivery and the customer sends the claim to the supplier, the supplier shall be obliged to send it within 7 days to the organisation invoicing the delivery. In the case of defects of products delivered through the stock of the sales organisation, except those of quantitative and obvious defects, the customer sends a complaint and disputes against the producer at the same time.
(2) The customer shall add to the complaint the defect of the supply, which is already apparent at the time of the purchase from the transmitting organisation (Section 193 of the Act), the registration of the defects found at the time of the purchase.
(3) Two samples are attached to the complaint of ceramic raw materials by the buyer; when claiming excessive moisture, samples must be sent in airtight sealed packaging.
Penalties
(to Section 204 of the Act)
(1) Paragraph 204 (3) of the Act cannot be applied.
(2) The disposal site, where it carries out sales for another organisation and is late in supplying the products, 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, a further penalty of 5% of the price of the non-delivered products. *)
(1) In the case of a single customer, where several contracts are concluded, the supply of concrete and iron-concrete products, building parts, stone products, construction, sewage and economic stoneware, construction and refractory products shall be counted against the first adult obligations of these contracts, separately for each consignment recipient (destination, construction, action).
(2) For other construction materials, performance is calculated for the first adult obligations of contracts concluded with the customer.
Invoice
(to § 375 to 380 of the Act)
Supplies contracted by the point of sale and delivered by the production organisation, invoiced by the production organisation directly to customers of the point of sale, and invoiced by the customer of the organisation from whose warehouse the supply was made.
The production organisation shall keep the tools and working forms, made up for non-national products and invoiced by customers, for at least one year and, if the forms or instruments are for refractory or acid blocks, for at least three years after the last delivery. The disposal site must be aware of the deployment of these tools and working forms.
Supplies between production organisations and outlets
The provisions of Sections 4 (6), 9 to 24 (1), 25 to 27 also apply to supplies between production organisations and outlets.
Contract for the supply of products
(to Section 165 of the Act)
(1) Sales outlets are concluded with production organisations on the basis of contracts for the preparation of supplies to ensure supply to consumers and ensuring the smooth disposal of the planned production of the quarterly contract.
(2) Purchase contracts shall be concluded with production organisations, broken down by establishment and by month.
(3) If the production organisation produces more than or in advance of the planned quantity, it must agree to increase the supply, or in advance, in advance and in due time with the point of disposal and amend the contract accordingly.
(4) At the request of the production organisation, the point of sale is required to provide a view of the product-specific and qualitative requirements for the next quarter to ensure the necessary raw materials.
Time limits for the submission of draft contracts
The buyer (point of sale) shall submit to the supplier (production organisation) a draft contract for the supply of products within the following time limits before the quarter in which the delivery is to be made:
(a) for the products referred to in Article 4 (2) (e) for 4 weeks,
(b) for the products referred to in Article 4 (2) (a) for 6 weeks,
(c) for the products referred to in Article 4 (2) (b) for 10 weeks;
(d) for the products referred to in Article 4 (2) (c) for 14 weeks,
(e) for the products referred to in Article 4 (2) (d), 18 weeks.
Time limits for comments on the draft contract
(to Section 154 of the Act)
The supplier (production organisation) shall comment on the draft quarterly contract to the customer (point of sale) no later than the following time limits before the beginning of the quarter in which the delivery is to take place:
(a) for the products referred to in Article 4 (2) (e) for 3 weeks,
(b) for the products referred to in Article 4 (2) (a), 4 weeks;
(c) for the products referred to in Article 4 (2) (b) for 6 weeks,
(d) for the products referred to in Article 4 (2) (c) for 10 weeks,
(e) for the products referred to in Article 4 (2) (d) for 14 weeks.
Appeals
(k § 188 of the Act)
(1) The point of sale specifies quarterly contracts with appeals (dispatch orders), in which, in addition to the communication of transport disposition, it may also change the agreed ratio of species and qualities; However, the change may relate to a maximum of 10% of the quantity contracted.
(2) The place of disposal shall be determined by reference to the cost-effectiveness of the transport operation.
(3) Sales points send appeals 17 days before the month of delivery. An additional change of appeals is only possible with the agreement of the production organisation.
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Regulation Information
| Citation | Decree of the Ministry of Construction No. 173 / 1964 Coll., which issues basic conditions of delivery of construction materials, structures and parts |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 03.09.1964 |
|---|---|
| Effective from | 01.10.1964 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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