Decree No. 3 / 1990 Coll.
Decree of the Federal Ministry of Fuel and Energy amending and supplementing Decree No. 106 / 1977 of the Federal Ministry of Fuel and Energy Coll., issuing the basic terms of supply of solid fuels, as amended by Decree No. 1 / 1987 Coll.
Valid
Effective from 01.04.1990
3
DECLARATION
Federal Ministry of Fuel and Energy
of 8 December 1989
amending and supplementing Federal Ministry of Fuel and Energy Decree No. 106 / 1977 Coll., on the issue of basic conditions for the supply of solid fuels, as amended by Decree No. 1 / 1987 Coll.
The Federal Ministry of Fuel and Energics, in agreement with the participating central authorities and the State Arbitration of the Czechoslovak Socialist Republic, provides, pursuant to Article 392 of the Code No. 109 / 1964 Coll., in the full version published under No. 80 / 1989 Coll. ("the Act '):
(1) Sections 2 and 3 shall be deleted, including Notes 2, 3 and 4.
2.
(1) The contract is usually concluded for a period of one year, for deliveries below 1000 tonnes per year, usually for a quarter period.
(2) The contractor shall submit the draft contract to the supplier not later than 1 month before the start of the contract period.
(3) In the draft contract, in addition to the formalities necessary for the creation of a contract under the law, the buyer shall also, as a general rule, also:
(a) the numerical designation of its organisation according to the single number list of organisations in CSSR, 5)
(b) for the annual contract, the quantity requested for each quarter;
(c) the maximum storage capacity of each sampling point;
(d) the maximum daily landing capacity of each sampling point and fuel trading organisation shall also indicate the required maximum daily dispatch of the supplier;
(e) the method of unloading and unloading equipment and the corresponding supply requirement in railway wagons of the series and species concerned.
(4) The collector who submits a draft contract for the supply of solid fuels up to 200 tonnes to the fuel organisation does not, as a general rule, provide the data referred to in paragraph 3 (b) to (e). "
3. Section 5 is deleted.
4.
Delivery performance
Where the fuels are transported by a cableway, conveyor belt or other means of transport to the customer or, where appropriate, by a railway tractor without the participation of a public carrier, the delivery shall be completed by loading. ';
5.
The supplier may only deliver fuel before the agreed time of delivery with the prior written consent of the customer. The supplier shall be obliged to carry out these deliveries in such a way that the quantity of fuel supplied does not exceed the maximum storage capacity of each sampling point, the maximum daily landing capacity of each sampling point and, for supplies to the fuel organisation, the maximum daily shipment agreed. ';
6. § 8 is released.
7. Paragraph 9, including the title and footnote 5a, reads as follows:
Quality
Organisations negotiate deliveries in balance sheet sorting. Balance sorting means dividing fuels into sorted, dust and other species. If requested by the customer, the supplier is obliged to arrange deliveries according to grain classes. (a)
5a) ČSN 44 1406. '.
8.
Quality groups
The supplier shall notify the organisation of the trade of quality group fuels to be delivered in the current month by the end of the preceding month. ';
9.
Fuel quality determination method
The fuel quality characteristics shall be collected and communicated to the customers as set out in technical standards 1) '.
Section 10, Section 12 is deleted.
11.
Quantity
(1) The official identification of the quantity shall also be considered to be weighing on the officially certified weighing instruments of the supplier or customer carried out by a person whose eligibility has been verified in accordance with a specific regulation. 5b)
(2) The quantity delivered may deviate from the agreed quantity by + 3% and - 3%.
5b) § 23 of the Ordinance of the Office for Standardisation and Measurement No. 61 / 1963 Coll., on ensuring the accuracy of measuring instruments and measurements. '
12.
Transport
Suppliers shall, in cooperation with railway authorities and customers, make use of all shipping options for the concentration of railway freight and the formation of integrated trains. '
13. Sections 15 and 16 shall be deleted.
14.
Transfer of the consignment
(1) The supplier is entitled, for transport 8) or technical reasons, to dispose of a consignment already submitted for transport to another destination. In that case, the effect of the transfer of the consignment to the original customer shall be abolished and it shall be fulfilled by the new customer. The original customer is obliged to complete the delivery in such a way as not to jeopardise its operation.
(2) The supplier shall, no later than 2 working days after receipt of the notification of the legitimate refusal to take over the consignment by the customer, transmit to the customer the disposition needed to send the fuel not taken over. The costs associated with this shall be borne by the supplier. ';
15. Paragraph 18 is deleted.
16.
"Verification of performance and liability for defects"
17.
"(2) If the supplier does not, within 2 working days of receipt of the defective delivery notification (for deliveries on direct dispatching trains within 24 hours of notification), arrive at the check receipt, the customer is entitled to carry it out according to the relevant technical standard. In this case, the basis for the complaint procedure shall be the control sample taken according to the relevant technical standard (1) and the sampling note. ';
18. Paragraph 21 is deleted.
19. Paragraph 22, including the title and notes No 10 and 10a, reads as follows:
Liability for defects
(1) If a fuel has been supplied whose quality determined by analysis of the control sample (laboratory or mechanical) does not comply with the quality requirements laid down by the technical standard, 10) the customer has:
(a) if the fuel supplied can be used, the right to an appropriate discount;
(b) if it is unable to use the fuel supplied, the right to require a new impeccable performance or cancellation of the contract to the extent of the defective performance.
(2) In the case provided for in paragraph 1 (b), the customer is obliged to notify the supplier of his request for a new impeccable performance or cancellation of the contract at the same time as the notification of the identified defects in the delivery pursuant to Article 19. In this case, the supplier is obliged to give the customer within 2 working days the disposition of the defective fuel at the supplier's expense.
(3) The supply of coal and briquettes carried out by the organisation of the trade in fuels, the defects of which consist in exceeding the technical standard of permissible contents of visible noise, dust and sieve compared to the declared species, will be taken over by the organisation of the trade in fuels as supplies of a qualitatively lower species as specified in the Annex to this Decree.
(4) The supplies of coal and briquettes carried out by the organisation of the fuel trade which have been impaired by the qualitative characteristics due to self-ignition at the warranty period, subject to the provisions of the technical standard, 10a) are considered as supplies of a lower quality type as specified in the Annex to this Decree. The organisation of the fuel trade shall have the right to require the supplier to identify the customer of the defective fuel.
(5) For the purposes of the assessment of the quality of coal and briquettes referred to in paragraph 4, self-combustion shall mean increasing the fuel temperature above 100 ° C.
10) ČSN 44 1400.
10a) ČSN 44 1315. '
20. Paragraph 23, including the title, reads:
Penalties for defective performance
(1) The supplier is obliged to pay the customer a penalty payment of 5% of the price of defective fuel only if the customer cannot use the defective fuel delivered.
(2) The penalty payments for defective transactions referred to in paragraph 1 shall not be paid:
(a) where the customer keeps the delivery referred to in Article 22 (1).
(b) in the case of supplies of brown coal and briquettes for fuel organisations, where the rights of liability for defects are dealt with in accordance with Article 22 (3) and (4). "
21. § 24 to 26 shall be deleted.
22. § 27 reads:
(1) Organisations cannot agree by way of derogation from the provisions of Sections 6 and 17 of the Decree.
(2) The provisions of this decree shall also govern legal relations arising before 1 April 1990; However, the establishment of such legal relations and the rights arising therefrom before 1 April 1990 shall be governed by existing rules. ';
23. Paragraph 28 is deleted.
The Annex to the Decree is deleted and replaced by a new text.
This Decree shall take effect on 1 April 1990.
Minister:
Prof. Ing. Krumnikl DrSc.
Annex to Decree No 3 / 1990 Coll.
Taking over defective coal supplies and briquettes by trade fuel
| Původní deklarace dodávky | Kritérium vad | Nová deklarace dodávky | ||
|---|---|---|---|---|
| 1. Obsah viditelné hlušiny | ||||
| uhlí jak. skupiny | A | 101 – 200 % normy | jak. skupina | B |
| nad 201 % normy | C | |||
| B | 101 – 200 % normy | C | ||
| nad 201 % normy | prach | C | ||
| C | nad 100 % normy | prach | C | |
| 2. Obsah prachu | ||||
| uhlí jak. skupiny | A | 101 – 200 % normy | jak. skupina | B |
| nad 201 % normy | C | |||
| B | 101 – 200 % normy | C | ||
| nad 201 % normy | prach | C | ||
| C | nad 100 % normy | prach | C | |
| 3. Obsah podsítného | ||||
| brikety | 101 – 200 % normy | zlomky | ||
| nad 201 % normy | třísky | |||
| 4. Samovznícení v záruční době | ||||
| hnědé uhlí | ||||
| jakostní skupiny | A | prach | B | |
| jakostní skupiny | B | prach | C | |
| jakostní skupiny | C | těžné a ostatní | ||
| brikety | třísky | |||
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Regulation Information
| Citation | Decree No. 3 / 1990 of the Federal Ministry of Fuel and Energy Coll., amending and supplementing Decree No. 106 / 1977 of the Federal Ministry of Fuel and Energy Coll., issuing the basic terms of supply of solid fuels, as amended by Decree No. 1 / 1987 Coll. |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 08.01.1990 |
|---|---|
| Effective from | 01.04.1990 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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