Decree No. 29 / 1990 Coll.
Ordinance of the Federal Ministry of Steel, Engineering and Electrical Engineering amending and supplementing Decree No. 13 / 1985 Coll., on the Basic Conditions of Engineering and Electronic Supplies by Higher Supplies and Certain Other Supplies for Domestic
Valid
Effective from 01.04.1990
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29
DECLARATION
Federal ministries of metallurgy, engineering and electrical engineering
of 15 December 1989
amending and supplementing Decree No. 13 / 1985 Coll., on the basic conditions of mechanical and electrical supplies carried out by higher supply forms and certain other supplies intended for domestic use
The Federal Ministry of Steel, Engineering and Electrical Engineering, in agreement with the participating central authorities and the State Arbitration of the Czechoslovak Socialist Republic, provides, pursuant to Section 392 (1) of Economic Code No. 109 / 1964 Coll., in the full version published under No. 80 / 1989 Coll. ("the Act '):
Decree No. 13 / 1985 Coll., on the basic conditions of mechanical and electrical supplies carried out by higher supply forms and certain other supplies intended for domestic use, is amended as follows:
1. in Article 2 (1), point (b) shall be deleted; Point (c) shall be renumbered (b) and the punctuation mark shall be changed at the end of the letter to the comma.
2. in Paragraph 2 (1), the following point (c) is inserted after the newly marked point (b):
"(c) higher deliveries as referred to in Title 5 of this Part.";
3. In Paragraph 2 (2), a semicolon is deleted and part of the sentence behind the semicolon is replaced by "or final subcontracting '.
4. In Article 2 (3) and (4), "project documentation 'is replaced by" project'.
5. In Article 3 (1), "project documentation 'is replaced by" project'.
6. In Article 3 (1) and (2), the last words "imports' are deleted.
7. In Article 3 (2), "project documentation 'is replaced by" project'.
8. Paragraph 5 (3) is deleted.
9.
Where a designated higher supplier requests the designation of critical subcontracting organisations and their delivery method (8) at the latest before the completion of the procurement work, this shall have the consequences of the provisions of Paragraph 9 (1). ';
10.
Machinery and equipment or import files as specified in the award and specified in the project shall be purchased by suppliers as part of their supply provided that the investor provides the suppliers with the necessary foreign exchange coverage in a manner specified by the State Bank of Czechoslovakia, or provided for by suppliers under a contract to procure machinery and equipment or import files (Section 21) on behalf and on behalf of the investor. '
11.
Specific delivery conditions for non-operated machinery or equipment
(K § 298 of the Act)
(1) The special delivery conditions apply to non-operating machines or equipment which are part of a supply carried out in a higher supply form and cannot be tested other than under the conditions of future operation.
(2) If untested machines or equipment or non-tested files are to be part of the supply, the supplier shall, as such, be identified in the project documentation or in the part of the project processed by him, discussed during project processing and agreed in the contract concerned. The consequences of their use shall be dealt with in accordance with these delivery conditions, provided that they are not reflected in the price of the supply constituted by the agreement under the special rules.
(3) The characteristics of the operating machinery or equipment which must be demonstrated during their testing are agreed in the contract for each non-operating machine or equipment individually. The characteristics of the untested files that must be proven when tested are agreed in the package contract as a whole.
(4) If the supplier of the solution is a higher supplier or one of its suppliers, the higher supplier shall include it in its higher supply and propose a replacement solution at the same time. If the supplier of the organisation's solution is on the part of the customer, the higher supplier is included in his supply as a foreign machine or file (§ 3), which he or she may provide to the customer.
(5) Successful use of operating machinery and equipment means that the verification tests will achieve the agreed values of selected quality technical indicators for this purpose. If these values cannot be reached, the use of non-operational machinery and equipment shall be considered as unsuccessful. The organisation shall agree to change the agreed quality technical indicators and their values in the contract when operating untested machinery and equipment or untested files are not successfully used.
(6) Information or project documents and, where appropriate, partial project results on non-operational machinery and equipment for the processing of the procurement or, where appropriate, of the project or part thereof, shall be provided by suppliers at a depth, extent and binding equivalent to the present state of scientific and technical knowledge.
(7) If the successful use of operationally untested machinery and equipment or, where applicable, non-operationally tested files cannot be demonstrated before or during the complex testing, the organisation shall agree in the contract to carry out verification tests during the test operation which is included in the supply under conditions similar to those laid down in Section 50 (5).
(8) If, as a result of the use of non-operational machinery and equipment or non-operating sets, complex testing or test operations, if included in the supply, could not have been carried out at the agreed time because the contractual security conditions of the scientific and technical development task were not complied with, the supplier shall not be late in meeting the higher delivery period for these reasons. This is true if the supplier proves that he has made the effort he can be required to complete the supply and demonstrates the quality of other machinery and equipment through agreed tests. The supplier shall also not be late for the period during which he has removed defects caused by the use of non-operating machinery and equipment which have failed to complete the test. This shall apply if it proves that it has carried out the removal of the defects with all the efforts that may be required thereof and the other supplies have been properly and in a timely manner. ';
12.
Obligation to conclude contracts
(Articles 158 (1) and 159 (1) of the Law)
(1) Organisations are not obliged to conclude contracts for the preparation of supplies before the completion of the award work. Where a supplier requests the designation of his principal suppliers and the way in which they are supplied (§ 6), 8), he shall conclude a contract to prepare supplies immediately after their destination.
(2) The obligation to conclude a contract to procure machinery and equipment or import files is for direct suppliers, provided that the conditions laid down in Section 7 are met, if they are obliged to conclude a supply contract. "
13. Paragraph 10 is deleted.
14. In the first sentence of Section 11, the words "on an implementation project if it is part of a supply 'are replaced by the words" on a project or part of it if it is part of a supply'.
15.
Forms of the contract on the preparation of supplies
(K § 163 of the Act)
(1) The contract on the preparation of supplies by the organisation undertakes to conclude a future contract on the expected extent of supply. The contract shall contain:
(a) commitments for time-limited cooperation on the project and, where appropriate, on the implementation documentation, ensuring that they are drawn up and discussed in a timely manner, or commitments on the dates by which cooperation will be defined in the contract,
(b) a commitment by the customer to submit to the supplier within the agreed time limit, the demand supported by the project or parts thereof;
(c) the obligation of the supplier to submit a draft supply contract to the customer within the agreed time-limit following the submission of the demand, the envisaged scope and date of the start and completion of which is indicated in the contract for the preparation of supplies.
(2) The Treaty also contains in particular:
(a) where the supplier provides for the import of machinery and equipment pursuant to Article 7, the investor's obligation to provide the necessary foreign exchange cover on the basis of the breakdown of the import investment limit for the supplier;
(b) in cases where the supplier procures machinery and equipment or import files, a mutual commitment to enter into a contract to procure machinery and equipment or import files and the investor's undertaking to provide the necessary data for its preparation, closure and performance. ";
16.
The time-limited cooperation commitments referred to in Article 12 (1) (a) are in particular commitments
(a) the transmission of initial technical data for the processing of project materials, as appropriate for the requested cooperation on the project, or the implementing documentation;
(b) the transmission of drawings, technical and economic data and price data and other project documents, including data on machinery and equipment, which must be ordered before the delivery contract is concluded, including the provision of pre-production results for the project,
(c) the progressive transmission of data corresponding to the elaboration of solutions to the tasks of the scientific and technical development plan;
(d) ordering machinery and equipment pursuant to Section 15;
(e) in determining the requirements and conditions for the implementation of the construction, where appropriate;
(f) consultations and, where appropriate, special technical questions concerning future deliveries. ';
17. Paragraph 14 is deleted.
18.
Pre-orders
(1) In order to ensure the timely provision of the machinery and equipment that must be ordered before the delivery contract is concluded, specified on the basis of the award and the project being developed, the customer shall order these machines and equipment with the supplier with whom he has concluded the supply contract before the completion of the work on the project or part thereof.
(2) The supplier may not refuse to conclude a contract for the supply of products on the basis of an early order referred to in paragraph 1 with the customer. The obligation under this contract shall cease to exist by the conclusion of a delivery contract pursuant to Article 2 (1) to which the supplier is obliged to include the said machinery and equipment as part of the supply.
(3) The collector shall pay to the supplier all costs associated with any modifications or changes resulting from the project, as well as other costs incurred, minus the costs which the supplier has saved in accordance with the customer's procedure. ';
19. Paragraph 16 is deleted.
20. In Article 17, the words "approved initial (one-stage) or, where applicable, implementing 'are deleted and the prefix" z' is replaced by the reference "z '.
21. Paragraph 18 to 20 shall be deleted.
22.
(1) The relevant part of the project documentation (Section 301 of the Act) means the project or its relevant part or, where appropriate, the implementation documentation corresponding to the scope of the supply.
(2) The implementation documentation shall be processed by the higher suppliers address the project or part thereof to the extent necessary for the implementation of their own supply and, where appropriate, as part of their supply. Where the price of the implementing documentation is not reflected in the price of the delivery made up of the agreement under specific rules, it shall be valued separately in accordance with the valuation rules. The implementing documentation shall include, where appropriate, the completion of the project, including the implementation procedure according to the conditions and requirements for the implementation of the construction, and in particular:
(a) software documentation;
(b) documentation for testing and putting into service.
(3) Where higher suppliers also deliver as part of their supply a project or part thereof, they shall process the implementing documentation in detail allowing for coordination of the implementation of the construction on the part of the customer, including changes and additions at the level of the documentation on the actual implementation of the construction. The same applies if the implementing documentation is supplied as part of the supply of higher suppliers.
(4) The final delivery is the delivery of the file at the level of the operating file, including the integration of foreign machinery as specified in Section 57.
(5) A general supply means the delivery of the file at least at the level of the operating unit, including the integration of foreign files and, where appropriate, of foreign machinery in the manner set out in Section 57. The general delivery consists of functionally successive final deliveries (paragraph 4) and may include deliveries of individual machines and equipment, assembled machines and assembly supplies.
(6) The final sub-supply shall mean the supply of the file, including the integration of foreign machinery in the manner set out in Section 57, at the level of the sub-operational file or, where applicable, the operational unit for the final delivery (paragraph 4, Section 66 (4)). ';
23. Paragraph 24, including the title, reads:
Submission of demand
(1) The request shall be transmitted to the supplier no later than the time limit agreed in the contract for the preparation of supplies, the cooperation agreement or any other agreement; if it is not, within a time limit allowing delivery within the required time limit.
(2) When changing the requirements and, where applicable, the conditions for the implementation of the construction, the supplier shall be entitled to require their reprocessing if the demand is submitted with such delay that the time limits specified therein cannot be complied with. The collector shall ensure that the conditions for the implementation of the construction are revised without delay. ';
24. Paragraph 25, including the title, reads:
Demand
(1) The collector shall indicate in the request the full extent of the subject-matter of the transaction, the time of performance and the time within which he requests the supplier to send the draft contract, as well as other requirements and necessary data of a technical and commercial nature. Demand must be supported by an indication of the importance of the construction and its registration number. If a project or a relevant part of the project is part of the higher supply, the award or part thereof shall be part of the demand.
(2) The supplier shall, on receipt of the award or, where applicable, of the project or part thereof, without undue delay, verify at the latest, prior to the start of the work on the implementing documentation, whether all its parts have been transmitted in accordance with the specification submitted by the customer and, furthermore, whether they do not show any obvious deficiencies, in particular whether the results of the calculations are clearly inconsistent with the specified technical indicators and parameters; However, it is not obliged to examine in detail the accuracy of the calculations or to carry out such calculations itself.
(3) Where the supplier finds deficiencies in accordance with paragraph 2, or other defects in the award or, where appropriate, in the project or part thereof, he shall draw attention to them. In the event that, despite the supplier's warning, the customer insists on making the delivery according to such an assignment or, where applicable, a project or part thereof, the supplier is not responsible for the defects of the supply, the origin of which depends on the defects of the award or of the project or part thereof.
(4) If the customer cannot remedy the deficiencies or defects (paragraphs 2 and 3) within one week of receiving the supplier's notice, the supplier shall agree with the supplier a time limit for their removal and progress until then; Paragraph 24 (2) shall apply mutatis mutandis. ';
25. Paragraph 26, including the title, reads:
Forms of the contract
(1) In the draft contract, the supplier shall, in addition to the formalities required for the creation of the contract (20), as a general rule also specify:
(a) deadlines for the submission of technological and building materials and, where appropriate, partial project results for the implementation documentation;
(b) the deadlines for the surrender of the project or part thereof, or, where appropriate, the implementing documentation forming part of the supply;
(c) the definition of the assembly site within the construction site;
(d) the scope and dates of the ready-to-install works (building readiness) and other customer involvement and the obligations of the supplier, on which the delivery times, scope and timeliness for completion of the construction works (assembly readiness) depend, for final deliveries also the deadlines and extent of the mutual preparation of the downstream files for the continuous continuation of the assembly work;
(e) conditions and time limits for the provision of foreign machinery, if it does not provide it itself;
(f) the scope, time limits and conditions for the provision of implementing documents;
(g) the specification of the implementing documentation and, where appropriate, of the investor making the complete examination and, where appropriate, the guarantee tests and the dates for their transmission;
(h) the method of implementation and conditions of complex testing and, where appropriate, preparation for it;
(i) an agreement on the parts of supplies to be separately surrendered, received and operated;
(j) the conditions of the test operation and the supplier's participation in it;
(k) the values of quality technical indicators to carry out the guarantee tests and the consequences of their non-compliance;
(l) the conditions for carrying out the guarantee tests;
(m) special conditions for non-operating machinery or equipment or, where applicable, non-operating files;
(n) details of the performance of the investor's technical supervision and of the author's supervision of the general designer and of the maintenance of the assembly log;
(o) where it does not conclude a construction site installation contract, also the requirements for construction site equipment in accordance with the project;
(p) the obligation to supply spare parts (Section 4) required by the customer in the demand,
(r) the conditions for securing or procuring machinery and equipment from import;
(s) the conditions which the organisation must ensure for the smooth and uninterrupted process of the assembly works in case of co-operation of the work of two or more suppliers, in accordance with the requirements and / or conditions for the implementation of the construction work,
(t) the time limit for sending the invoice;
(u) the time limit for the transmission of the part of the project which is subject to approval under specific regulations;
(v) the time limit for the transmission of that part of the project, which shall be attached to the application for a building permit or any other similar permit under a special rule.
(2) If the customer requests part of the project as part of the delivery, part of the contract is processed to the extent necessary to conclude the contract. The work to be carried out on the development of the project or part of it shall be regarded as work under Paragraph 282 (3) of the Act. ';
26. In Section 27, the words "or advance 'shall be inserted after the word" instalment'.
27. In Paragraph 28, paragraphs 1 and 2 are deleted and paragraph numbering is deleted.
28. In Paragraph 30, the words "where the supplier proposes to use them with the consent of the designer general and 'are deleted and the words at the end of the" delivery costs' are replaced by the words "budgets and, where applicable, the price of the supply '. The words" project documentation' are replaced by "project '.
29. In the title of § 31, the reference to "§ 125 (5) 'of the Act is changed to" § 125 (4)' of the Act.
30. In the second sentence of Paragraph 31 (2), the words "in accordance with the construction plan 'shall be deleted; in the third sentence, the words" the construction plan' shall be replaced by the words "the agreed conditions'; in the fifth sentence, the words" the deadlines according to the construction plan 'shall be replaced by the words "the agreed dates'.
31. In Article 31 (6), the reference to "§ 125 (5)" of the Act is changed to "§ 125 (4)" of the Act.
32. In the title of § 33, the reference to "§ 125 (5) 'of the Act is changed to" § 125 (4)' of the Act.
33. In § 33 (2), the reference to "§ 125 (5)" of the Act is changed to "§ 125 (4)" of the Act.
34. in Paragraph 34 (4) (b), "project documentation" is replaced by "project."
35. in § 34 (4) (e):
"(e) the list of amendments and additions to the project or parts thereof, as the case may be, ';
36. In Paragraph 34 (6), "project documentation 'is replaced by" project'.
37. in the second sentence of Paragraph 34 (11), the words "sales agreements" shall be replaced by the words "budget costs and, where appropriate, contract prices," the reference to footnote 24, which shall be deleted at the same time, and the words "project documentation" shall be replaced by "project."
38. In Paragraph 35 (1), the words "approved documentation 'are replaced by the words" project'.
39. in Paragraph 36 (1), the words "in the manner laid down by the special regulation.25)" shall be replaced by the words "under the contract for the procurement of construction site equipment."
40. In the second sentence of Paragraph 38 (1), the words "according to the construction schedule 'are replaced by the words" according to the requirements and conditions for implementation of the construction'.
(41) In Paragraph 39 (7), the reference to footnote 28 is deleted, which is also deleted.
42. In the first sentence of Paragraph 42 (2), the words "approved documentation 'are replaced by" project'.
43. In Paragraph 43 (1) (a), the word "implementing" shall be deleted and, finally, the words "if it is part of its supply and, where appropriate, the agreed implementing documentation," shall be added.
44. in Article 43 (2) (a), the words "approved project documentation" shall be replaced by "project."
45. in Article 45 (4), the word "integrated" shall be replaced by "completed" and part of the sentence shall be deleted at the end of the paragraph "[Paragraph 10 (2) (d)]."
46. Paragraph 46 is deleted.
47. Paragraph 48 (1) reads as follows:
"(1) If the customer or, where appropriate, the operator agrees with the supplier that the delivery not taken over is to be operated (used) in full or in part, the organisation shall, at the same time, negotiate details in particular of the subject matter and mode of early use, the security and other measures and conditions it creates for such early use. Early use must be limited to the minimum necessary and the deadline for its termination fixed. ';
48. In the title of § 49, the reference in brackets to "§ 295 (8) 'of the Act is changed to" § 295 (9)' of the Act.
49. in the second sentence of Paragraph 49 (1), the word "implementing" shall be deleted.
50. In Paragraph 50, the following paragraph 5 is inserted after paragraph 4:
"(5) Where a test operation is also included in the supply in which the supplier is to demonstrate the achievement of all values of quality technical indicators agreed for that purpose, the organisation shall also agree on the extent and conditions of the customer's participation in it. ';
51. in Article 52 (1), the words "implementing project" shall be replaced by the words "project or part thereof or, where applicable, implementing documentation, if they were included in the supply."
2. in Paragraph 52 (2) (a), the words "project documentation" shall be replaced by "project."
In Paragraph 52, paragraph 4 is deleted.
54. Paragraph 56 is deleted.
55. Paragraph 57, including the title, reads:
Specific provisions on certain consequences of the use of foreign machinery and sets
(1) The final supplier (sub-contractor) inserts an individual alien machine (§ 3) into its final supply (sub-supply) as regards the processing of part of the project (if included in the supply), implementation documentation, assembly, preparation for complex testing, complex testing and participation in the testing operation. A foreign file included by the general contractor in its general supply as regards ensuring compliance of the documentation of the file with the relevant part of the project (if included in the supply), processing of the implementing documentation, ensuring assembly and complex testing, and, where appropriate, preparation for it, and participation in the test operation.
(2) The final supplier (sub-contractor) is responsible for the links between foreign machinery and, where applicable, the files addressed in the project and, where applicable, in the implementation documentation, if they are part of its supply and for the timeliness, accuracy and completeness of the assembly. If they carry out only the relevant assembly work under the external assembly, they shall be responsible only for the delay of their work, unless it has been caused by the chief assembly supplier, and for their defects, except for the defects arising from the failure to award the order or the improper order.
(3) The General Supplier is responsible for the compliance of the documentation of a foreign file with the project or part thereof if it is part of its supply; the installation and, where appropriate, the relevant assembly work under the external chief assembly shall be carried out in a similar manner to the final supplier (subcontractor). ';
56. The following Section 57a is inserted after Section 57:
In the case of higher deliveries of management systems containing computer systems, the organisation shall agree on the conditions of delivery with adequate application of the provisions on the supply of computer systems (§ 87 (2) and (3), § 88 (3), § 89 (2), § 90, § 92 (2), § 96). '.
57. Head 3 is released.
58. Paragraph 66, including the title, reads:
(1) A higher supply of reconstruction or modernisation means the supply of machinery, equipment and works according to the relevant project documentation processed within the scope of the package (§ 2 (2)) of the existing technological equipment.
(2) The relevant project documentation (Section 318b (1) of the Act) means the project or part thereof or, where appropriate, the implementation documentation corresponding to the scope of the supply.
(3) If the customer so requests in the demand, the supplier must undertake to supply spare parts within the agreed time limit (§ 4).
(4) The final delivery (sub-supply) means the reconstruction or modernisation of a set of existing technological equipment at the level of the original operating file (sub-operational file), including the integration of foreign machinery as specified in Section 57.
(5) General delivery means the reconstruction or modernisation of existing technological equipment carried out at the level of the operating unit, including the integration of foreign machinery and sets in the manner set out in Section 57. Where the general delivery also includes the delivery of new files to a rate of more than 10% of the general delivery, the general delivery shall be broken down for the purposes of the valuation for the general delivery of new and general delivery of reconstructed equipment according to the respective price list. The general supply shall also be the reconstruction or modernisation of the existing technological equipment at the level of at least two operating sets, at least one of which is not the final supply, provided that the supply covers the full extent of the reconstruction or modernisation carried out on the operating unit of which the reconstructed or upgraded operating components are components. ';
59. Paragraph 67, including the title, reads:
Demand
In addition to the requirements laid down in Paragraph 25 (1), the demand shall include in particular:
(a) details of the status of the primary funds to be reconstructed or modernised;
(b) details of the extent of the necessary commissions and the opening and termination of the necessary outages for the duration of the reconstruction or modernisation;
(c) documentation of the existing situation, including a description of the technical condition and the relevant technical and economic data on the operation (use) of the basic funds to be redesigned or modelled. ';
60.
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Regulation Information
| Citation | Decree No. 29 / 1990 Coll., amending and supplementing Decree No. 13 / 1985 Coll., on the basic conditions for mechanical and electronic supplies carried out by higher supply forms and certain other supplies intended for domestic |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 01.02.1990 |
|---|---|
| Effective from | 01.04.1990 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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