Decree of the Ministry of General Engineering and Central Administration for the Development of Local Economy No. 18 / 1965 Coll.
Decree of the Ministry of General Engineering and the Central Administration for the Development of the Local Economy on the conditions of maintenance and repair of road vehicles for motor transport owned by citizens and non-socialist organisations
Valid
Effective from 12.03.1965
18
DECLARATION
Ministries of General Engineering and Central Administration for the Development of the Local Economy
of 1 March 1965
on the conditions for the maintenance and repair of motor vehicles owned by citizens and non-socialist organisations
In order to implement the provisions of Part Four of the Civil Code, the Ministry of General Engineering and the Central Administration for the Development of the Local Economy shall issue, in agreement with the Central Union of Production Cooperatives pursuant to Section 508 of the Civil Code and after consultation with the participating ministries and central offices, the following conditions of maintenance and repair of road vehicles for motor vehicles owned by citizens and non-socialist organisations:
General provisions
(1) These conditions for the maintenance and repair of motor vehicles owned by citizens and non-socialist organisations (hereinafter referred to as "the conditions') apply to maintenance and repair (hereinafter referred to as" repair ') of two-track and one-track motor vehicles (hereinafter referred to as "vehicles').
(2) These conditions shall be binding on all repair plants, service stations, technical service stations or other organisations (hereinafter referred to as "repair plants') which regularly or occasionally repair vehicles for payment in a supplier's way.
Order and price of repair
(1) The client of the repair is the person or organisation who ordered the repair on its own account. Orders on behalf of a third party may be made only by those who submit their written authorization in the legally prescribed form.
(2) When a vehicle or part of it (hereinafter referred to as "vehicles') is taken over for repair, registration or confirmation of the vehicle being taken over for repair shall always be obtained.
(3) To write an order, the repair may require the submission of vehicle documents (vehicle registration) for inspection. In the case of vehicles registered in the Czechoslovak Socialist Republic, if a substantial part bearing the production number (engine, frame or bodywork) is to be replaced by parts of another type, the repair plant must require the client to obtain the appropriate vehicle conversion permit granted by the District Transport Inspectorate of Public Security.
(4) The repair shall also indicate in the record or confirmation the state of the kilometres travelled according to the speedometer. If the tachograph (tachograph) is defective, this shall be stated in the entry or confirmation (or in the "Quick Service" form).
(5) The invoice, where applicable, of the confirmation at the time of payment of the final payment must always bear the numerical indication of the works charged according to the price list, with the indication of each price list, and separately the works for which fixed prices are not fixed; then separately the price of the material consumed (unless the price charged includes the material consumed).
(6) The record or certificate referred to in point 2 shall always indicate the price of the repair. If the price cannot be determined because the detection of defects requires dismantling of the vehicle or part thereof, the price for the necessary dismantling and assembly shall be indicated and the estimate of the price to be specified shall be given immediately after dismantling. If, at the time of dismantling, the resulting price is shown to exceed by more than 20% (for amounts above Kčs 1000, - 10%) the estimated value initially determined, the right is obliged to ask the client to agree to extend the scope of the correction, otherwise he is not entitled to pay the difference in price. If, during the repair, the repair plant finds another defect which causes the vehicle to fail to comply with the operating safety conditions laid down in the specific regulations, *) it shall inform the client of this fact; If the client does not agree to the removal of this defect, the repair will note this fact in the note or certificate.
(7) If the price cannot be determined without dismantling the vehicle or any of its devices, the price or, as a rule, the estimate shall be determined on the same day at the latest seven days after the vehicle has been taken over. The correction may then be made only after the written consent of the client, who is obliged to express himself in writing without undue delay. However, the repair shall be entitled to reimbursement of the costs incurred for the necessary disassembly, detection of defects and composition of the vehicle or part thereof.
(8) Corrections are charged at valid price lists according to price lists issued by the Ministry of General Engineering. If no fixed price list price is fixed, the price shall be charged in accordance with the relevant price provisions. * *)
The repair company is obliged to issue valid price lists for inspection in a suitable place accessible to customers.
(9) The repair plant may only use the vehicle for test driving.
Time of correction
If the repair period is not set by a technical standard, it shall be agreed with the client. The agreed time limit for overhaul shall not be longer than 70 days for standard case vehicles, 80 days for non-standard case vehicles and 58 days for other vehicles, for total group repairs the agreed time limit shall not be more than 30 days.
The repair will provide an overview of the time limits for repairs at the appropriate place for inspection.
(2) The repair plant is required to indicate in the registration or acknowledgement of receipt of the vehicle by the repair the deadline for completion of the repair to be observed. If the time limit does not exceed one calendar day, the time limit shall not be indicated.
(3) If the repair has not been completed within the time limit set in the minutes or the certificate of taking over the vehicle for repair, the repair shall be notified to the client by which additional period the repair will be completed. If the client insists on making a correction, he shall be entitled to a discount on the price, at the rate specified in paragraph 4.
(4) The discount for non-compliance with the agreed deadline for completing the correction is 10% for each 7 calendar days completed; the discount for the entire period of delay of the repair plant shall not exceed 30%. The discount shall be calculated on the basis of the price list or other price regulation. is not counted from the value of the material consumed. The period for calculating the discount shall begin on the day following the end of the period fixed or agreed for the completion of the correction. The discount period shall end on the date on which the repair was actually completed and the completion was notified to the client in a demonstrable manner, or when the client removed the vehicle after the repair.
Storage accessories
(1) The repair plant guarantees the client for the accessories and equipment of the vehicle and for the amount of fuel with which the vehicle is submitted to repair.
(2) The repair service shall issue a receipt for storage to the client of the items referred to in point 1, unless their inventory is already included in the registration or receipt of the vehicle.
Quality and method of repair
(1) The quality of the repair must conform to the relevant technical standard.
(2) The repair shall restore the original technical characteristics of the vehicle to the extent of repair carried out in order to ensure the immediate operational capability of the repaired parts of the vehicle.
(3) The repair shall be returned to the client by the defective groups, sub-groups, parts and components that had to be replaced during the repair, unless the client in the record or the confirmation agreed to the contrary. If it is an act for which the price is determined, including the consumption of the material, the repair plant does not return the defective part and the parts.
(4) If, in the course of the repair under the agreement, the repairment with the orderto replace the engine or frame, or another group, marked with the serial number, is made, the repair shall record the replacement in the vehicle's technical licence, at the latest on transmission of the repaired vehicle to the client. To this end, the repair service shall inform the client in due time to submit the vehicle's technical licences when the vehicle is taken over.
Guarantee
(1) A guarantee shall be provided for the repair of vehicles for a period of six months from the date of receipt of the repaired vehicle by the client.
(2) The guarantee does not apply to defects and damage caused by a vehicle accident (if the accident was not caused by a repair defect) or, where appropriate, by the user or by the grossly incorrect treatment or incorrect operation of the vehicle.
(3) The repair is required to issue a guarantee note to the client or to indicate the extent of the guarantee in the registration or in the form for the transmission of the repaired vehicle.
(4) If the correction has been made incorrectly, the client has the right to free removal of the defect or to supplement the service. The right of liability for defects in the service provided must be exercised by the client at the repair office without undue delay. The period from the exercise of the right until the repair is carried out shall not count until the guarantee period.
(5) The defect must be removed on the same day that the vehicle was fitted to remove the defect. If this is not possible, the time limit for removing the defect shall be set according to the scope of the work but shall not exceed 15 days.
(6) The client is obliged to bring the vehicle to the repair shop, which has been repaired incorrectly, or to a nearby repair shop entrusted to him. *) This is without prejudice to the right of the client under Paragraph 421 of the Civil Code.
Reimbursement
In the case of repair of vehicles, the payment shall be made at the time of receipt of the vehicle at the repair shop, at the time of transport by rail in advance, at the time of transport by mail on delivery.
Take over of the repaired vehicle and storage
(1) Upon receipt of the repaired vehicle, the client, if any, shall be obliged by another client to submit the registration or receipt of the vehicle for repair. The person submitting this document shall be considered as the client's representative (if the client does not take over the repaired vehicle himself).
(2) After the vehicle has been taken over, any additional claims relating to the amount of fuel, the condition of the speedometer and the equipment (s) of the vehicle or items left in the repair room in storage may not be taken into account.
(3) The client is obliged to take over the vehicle without undue delay after notification of completion of the repair.
(4) If the client does not wish the vehicle within 30 days of the time limit set for the completion of the repair, or if the repair was completed later, within 30 days of the notification of its termination, he shall be obliged to pay the repair fee for the storage of the vehicle.
(5) The storage unit for two-track vehicles is Kčs 20, -, for one-stop vehicles Kčs 10, - for every seven days completed.
(6) The repair plant may, after the expiry of the period referred to in paragraph 4, store the vehicle in a public garage or in another foreign warehouse and the client of the repair shall be obliged to pay the costs associated with it.
Final provisions
(1) Where the repair plant is in charge of carrying out warranty repairs on new vehicles, it shall be carried out under the manufacturer's specific guarantee conditions. Otherwise, the provisions of this decree apply mutatis mutandis to these corrections.
(2) The repairers shall ensure that from their initial records the information needed to provide guarantees, discounts and to charge storage charges can be established.
(3) Decree No. 46 / 1964 of the Central Administration for the Development of the Local Economy, Coll., on guarantees, discounts on non-compliance with delivery deadlines and on the storage charge for certain services carried out by local economic organisations and production cooperatives as regards the maintenance and repair of two-track and one-track road vehicles for motor transport is hereby repealed.
(4) This decree shall take effect on the day of its publication.
Head of the Central Administration for the Development of the Local Economy:
Gasparik v. r.
Minister of General Engineering:
Polack v. r.
*) i.e. buses, microbuses, trucks and special trucks, road tractors, trailers, semi-trailers, passenger, delivery, ambulance, combined and emergency cars, motorcycles, scooters, mopeds, tricycles and wheelchairs with motorbike engine.
*) Decree of the Ministry of Transport No 145 / 1958 Ú. l., on the conditions of use of vehicles on roads.
* *) They are given in the explanatory notes to the relevant price lists. The organisation of the local economy shall determine the performance prices not listed in the price lists in accordance with the principles for compiling the price calculations referred to in Article 12 / 1964 of the Operational Intelligence.
*) The repair company shall inform the client when the repaired vehicle is handed over, in which designated repairers the client may claim any claims.
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Regulation Information
| Citation | Decree of the Ministry of General Engineering and Central Administration for the development of the local economy No. 18 / 1965 Coll., on the conditions of maintenance and repair of road vehicles for motor transport owned by citizens and non-socialist organisations |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 12.03.1965 |
|---|---|
| Effective from | 12.03.1965 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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