Government Decree No. 18 / 1955 Coll.
Regulation on quantitative acceptance of products
Valid
Effective from 26.04.1955
18.
Government Regulation
of 8 April 1955
on the quantitative acceptance of products.
The Government of the Czechoslovak Republic orders pursuant to § 14 paragraph 1 of Act No. 12 / 1955 Coll., on the State Plan for the Development of the National Economy of the Czechoslovak Republic for 1955:
General provisions.
This Regulation provides for the quantitative acceptance of products between undertakings, organisations and establishments of the socialist sector, as well as public authorities and the procedure for the recovery of quantities.
The collector is always obliged to make a quantitative acceptance of the products. Unless otherwise provided for in the basic conditions of supply or other provisions binding on both parties on a quantitative basis, the provisions of this Regulation shall apply to it.
Procedure for quantitative acceptance of products.
Quantitative acceptance.
The quantitative acceptance shall consist of an examination of the accuracy of the quantity of products delivered.
Quantitative acceptance of products without packaging is carried out by the customer at the point of delivery (e.g. railway stations of destination, warehouse of supplier or customer, etc.). The quantitative acceptance of the products in packages shall be carried out only in its warehouse; at the place of delivery, the products in the packaging shall be taken over only by the number of packages and their apparent integrity, where appropriate by the gross weight of each package.
(1) Quantitative acceptance of products without packaging and acceptance of products in packages according to the number of packages, where appropriate according to the gross weight of the individual packages, should be carried out by the purchaser immediately upon collection and for products carried by the public carrier in the presence of the authority of that carrier.
(2) Quantitative acceptance of products in packages according to the number of products in packages, after the net weight of the quantities delivered, the customer is obliged to carry out without undue delay, but not later than 24 hours for products which are rapidly spoiled and within 15 days for other products.
(3) The time limits laid down in paragraph 2 shall begin at the time of local delivery on the day on which the buyer has withdrawn the products from the supplier's warehouse or on the date of delivery of the products to the place (station, port) of destination.
If the purchaser finds that the packaging contains an irregularity in gross weight or in number of packages, or finds that the packaging is broken, he shall immediately write a record thereof with the supplier's representative; in the event that it takes over the products from the carrier, it shall register with the authority of the carrier, after which it shall ensure that they are drawn up by the authority of the carrier in the prescribed form. It must be clear from the minutes when, where, with the participation of whom and for what reason it was written and what was detected by the registration. The minutes shall be signed by all interested parties.
(1) If the customer finds that the quantity of products does not conform to the accompanying documents (delivery notes, transport documents, invoices, etc.), he must draw up a report on quantitative defects.
(2) In serious cases, the customer shall interrupt the opening of the remaining packages and shall immediately draw up an entry which shall be signed by persons who have examined the quantities. The collector shall then call on the supplier by telegraph or telephone to participate in the verification of the quantity of remaining products and to draw up a protocol on quantitative defects.
(3) If a supplier does not appear at the request, the customer must invite a representative of an undertaking which has its registered office at the point of acceptance and is subject to the same ministry as the supplier and, failing that, a representative of an impartial undertaking or organisation.
(1) The Protocol on quantitative defects shall specify:
(a) the time and place of drawing up the Protocol;
(b) the names of the persons who have participated in the drawing up of the Protocol, indicating their functions;
(c) if the products have been transported by a public carrier, the date of delivery of the products to the place (station, port) of destination and the date of their receipt by the customer;
(d) the document showing the quantity to be delivered;
(e) an indication of the quantity actually delivered, indicating how it is determined,
(f) the claim claimed by the customer.
(2) The Protocol on quantitative defects must be signed by all interested parties.
The quantitative defect protocol shall be drawn up for products which are rapidly spoiled within 24 hours, for other products within 5 days of the examination.
Where the customer fails to make a quantitative acceptance or fails to draw up a report on quantitative defects within the time limits set, the customer may not claim claims or claim compensation because the quantity of products delivered did not agree with the accompanying documents.
Withdrawal of a consignment carried by a public carrier.
(1) The collection of consignments carried by a public carrier, carried out in accordance with the regulations (s) of that carrier, is not yet a quantitative acceptance under this Regulation.
(2) The collector is responsible to the supplier (consignor) for fulfilling all obligations imposed on him by the relevant regulations (Regulations) as recipients. It shall examine all circumstances which may give rise to the ownership of the public carrier and request that the public carrier establish such circumstances by writing or otherwise prescribed by the relevant provisions. If, in breach of these obligations, the customer is unable to claim compensation from the supplier (s) which he may have claimed against the public carrier, even if the supplier (s) would otherwise be liable to the customer.
Withdrawal of a wagon at the station of destination.
Prior to the removal of the vehicle consignment, the customer shall check the external integrity of the vehicle and its closures and, in the case of an open vehicle, the apparent completeness of the load.
If the customer finds that the wagon or its closures are in breach or that the actual condition of the load does not correspond to the data of the transport documents, he shall be obliged to discontinue the purchase and request that the runway test either the weight or the condition of the consignment as appropriate and to make a record thereof.
Delivery at port of destination.
(1) In the case of the removal of products without packaging, in bulk, sprinkled or cast, which are carried by ship, the purchaser shall be obliged to carry the consignment in the port of destination in the presence of the carrier's representative. Such weighing shall be carried out when unloading the consignment.
(2) If the customer finds the difference between the actual weight and the weight indicated in the transport documents or the damage to the consignment, he shall be obliged to request that the carrier write down the registration.
(3) Consignments which are measured at cubic metres and consignments whose quantities are determined according to the conventional weight are not predominant. Verification by cubic metres or by contract weight shall be carried out by the customer in accordance with the basic delivery conditions or other provisions binding on both parties or by contract.
(1) At the time of the collection of the products in packaging or in bulk at the port of destination, the purchaser shall check the number of packages, pieces and state of packaging or packaging of each piece, the mark numbers on the packaging and the transport documents and, where applicable, the weight of the consignment in accordance with the relevant transport rules.
(2) If the customer finds irregularities, he shall be obliged to request the carrier to write a record of them.
Collection of other consignments carried by a public carrier.
(1) When other consignments carried by a public carrier (consignments of road, bulk, express, postal parcels, etc.) are collected, the customer shall, in the presence of the carrier's authorities:
(a) to check the integrity of the packaging, the number of packages and the transport document mark;
(b) where it is necessary to determine the quantity delivered, to outweigh, recalculate and recalculate products.
(2) If the customer finds that the packaging is broken, that the number of packages or the mark of the consignment, if its weight does not match the particulars of the transport document, he is obliged to register with the authorities of the carrier, after ensuring that it is drawn up in the prescribed form (§ 6).
Application of claims against a public carrier.
(1) If circumstances have been established establishing the ownership liability of a public carrier which may be exercised by the recipient, the customer must apply his claims against the public carrier in accordance with the relevant rules.
(2) The infringement referred to in paragraph 1 has the consequences set out in the third sentence of Paragraph 11 (2).
Complaint with the supplier.
(1) Entitlements against suppliers (shippers) of products for which quantitative defects (claims) have been identified, are claimed by the customer to the supplier by written complaints.
(2) It shall also be considered as a complaint if, against confirmation, the customer supplies a copy of the report on quantitative defects to the supplier who participated in the drawing up of the protocol (§ 7 (2)), immediately after its drawing up.
(1) For products which were further shipped by the first customer without opening the original factory packaging or packaging, the first supplier of the product is responsible for the deficit, even if the deficit has been identified and the quantitative defect protocol has been drawn up by the first consumer, provided that a quantitative defect protocol has been drawn up no later than 6 months from the date on which the products were received by the first customer.
(2) In line deliveries it is responsible for the accuracy of the supply of the sending undertaking and the customer's obligations are with the recipient of the products.
(1) The complaint - except in the case provided for in Paragraph 18 (2) - must be made by the customer within 10 days of the date of drawing up the quantitative defect report and must be accompanied by a copy of the report. At the request of the supplier, the complaining customer is obliged to send to the supplier the other documents necessary for proof of the claim (e.g. transport documents, entries with the carrier, packing labels and etc.).
(2) If the customer makes a complaint with the supplier, which is not the consignor itself, he must attach a copy of the claim and a report on quantitative defects for the sender, if the supplier is not to obtain copies under the contract.
(3) The complaint must be sent by the customer to the supplier by registered mail or delivered to him for confirmation.
The supplier shall within 10 days of receipt of the claim, following a copy of the quantitative defect protocol (Paragraph 18 (2)), inform the customer whether he will meet the claims or state the reasons why he refuses to do so. If the supplier does not comment on the claim within this period, he shall be deemed to have accepted the claims.
Dispute claims.
(1) An arbitration request in a dispute over claims must be directed against both the supplier and the consignor, if the supplier is not himself. Where appropriate, the arbitration authority may, on its own initiative, extend the dispute against other parties involved in the supply.
(2) The arbitration authority with which a claim dispute has been initiated shall be responsible for deciding on the legal situation of all participants referred to in paragraph 1.
With regard to the regional authorities of the State Arbitration, their local jurisdiction shall be governed by the place of supply of the products in disputes concerning claims.
(1) An arbitration request concerning claims under this Regulation must be made within a period of six months.
(2) The period shall begin from the date on which the Protocol on quantitative defects was drawn up and, in the case of regression claims, the date on which the applicant paid the amount claimed by the regression or the date on which he was sentenced to pay it.
(1) Where a supplier supplies a quantity of products consistently smaller than that indicated in the delivery documents or in the invoice, or where other circumstances so justify, the arbitration authority may increase the property penalties provided for in the non-performance of the contract up to five times.
(2) Serious or recurrent quantitative defects in supply shall be notified by the arbitration authority to the Attorney General and to the Minister of State Control.
For disputes concerning claims which, pursuant to Article 7 (2) of Decree-Law No 47 / 1953 Coll., on State arbitration, as amended by Decree-Law No 77 / 1953 Coll. and No 45 / 1954 Coll., are decided by the courts, only Paragraph 24 applies mutatis mutandis from the provisions of this section; otherwise it is applied according to the provisions of the Civil Code.
Final provisions.
The provisions of this Regulation shall not apply to the external trade section. The method and time limits for the delivery of export and import goods shall be governed by the provisions of the detailed conditions for the export and the detailed conditions for the import goods issued by the Minister for Foreign Trade in agreement with the ministers involved.
This Regulation shall enter into force on the day of its publication; All members of the government will do it.
Broad v. r.
Dr Dolansky v. r.
Maj-Gen Dr. Cap v. r.
Kopecký v. r.
Ing. Jankovcová v. r.
Dr Skoda v. r.
Bark v. r.
Ing. Shimonek v. r.
Dr Kylý v. r.
Plojhar v. r.
Dr. Nove v. r.
David v. r.
Děuriš v. r.
Krajčir v. r.
Kromir
Machachová v. r.
Dr. Unedible v. r.
Polack v. r.
Stoll v. r.
Uher v. r.
Lamb
Jonah v. r.
Reitmajer v. r.
Smida v. r.
Dr Bartuška v. r.
Dvořák v. r.
Dr Kahuda v. r.
Malek v. r.
Maurer v. r.
Dr Neuman v. r.
Nosek v. r.
Pospíšil v. r.
Ing. Púčik v. r.
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Government Decree No. 18 / 1955 Coll., on quantitative acceptance of products |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 26.04.1955 |
|---|---|
| Effective from | 26.04.1955 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
Comments 0