Decree of the Federal Ministry of Foreign Trade, the Federal Ministry of Steel and Heavy Engineering, the Federal Ministry of General Engineering and the Federal Ministry of Electrical Engineering No. 31 / 1986 Coll.
Decree of the Federal Ministry of Foreign Trade, the Federal Ministry of Metal and Heavy Engineering, the Federal Ministry of General Engineering and the Federal Ministry of Electrical Engineering on the basic conditions of supply of export investment units
Valid
Effective from 01.07.1986
31
DECLARATION
Federal Ministry of Foreign Trade, Federal Ministry of Steel and Heavy Engineering, Federal Ministry of General Engineering and Federal Ministry of Electrical Engineering
of 17 April 1986
on the basic conditions for the supply of export investment units
The Federal Ministry of Foreign Trade, the Federal Ministry of Steel and Heavy Engineering, the Federal Ministry of General Engineering and the Federal Ministry of Electrical Engineering, in agreement with the participating central authorities and the State Arbitration of the Czechoslovak Socialist Republic, provides, pursuant to § 392 (1) (b) of Economic Code No. 109 / 1964 Coll., in the full version published under No. 45 / 1983 Coll. (hereinafter referred to as the "Act"):
INTRODUCTORY PROVISIONS
Scope
(1) This decree regulates the economic obligations for the supply of export investment units (Sections 321 to 332 of the Act).
(2) The provisions of Part Three and Part Seven shall apply mutatis mutandis to the supply of revisions, repatriation and dismantling, as well as to subcontracting of assembly and construction works intended for higher suppliers (Section 9), where such deliveries and subcontracting are carried out abroad.
(3) Paragraph 16 (3), § 17, § 31, § 37 (2), § 38 and, mutatis mutandis, § 39, § 40 and § 47 apply mutatis mutandis to supplies of individual products intended for higher suppliers; as regards the provision of spare parts, § 21 applies mutatis mutandis.
BASIC PROVISIONS
Terms
(to Section 321 of the Act)
(1) A set of machines and equipment (Section 321 (2) of the Act) means a comprehensive system of interconnected machines, equipment and apparatus which perform a common function and require assembly and assembly according to the implementing documentation or control system (hereinafter referred to as "machine assembly"). It is a set of machines, even if one of the machines, devices or devices is not included in the delivery, although it is a concept part of the system. The assembly of machines includes, where appropriate, implementation documentation and assembly.
(2) The object (Paragraph 321 (2) of the Act) means construction work within the scope of a single space-integrated and technically separate building object fulfilling a defined purpose function, including, where appropriate, building materials, parts and structures or machinery, equipment and apparatus. The building also includes the implementation documentation and assembly.
(3) A set of assembly works (Section 321 (2) of the Act) means a separate assembly in the range of at least one set of machines or objects.
Liability for defects (guarantee)
(k § 329 of the Act)
(1) If the customer or someone else brings the supply or part of the supply into service or use without the agreed participation or consent of the supplier, the supplier is not responsible for the defects caused by it.
(2) If the customer or anyone else without the supplier's consent at the time of delivery of the repair or any change, it is assumed that the deterioration of the characteristics is caused by the customer; This does not apply in cases where the supplier is late in making a guarantee correction or if it is to remove minor defects which must be remedied without undue delay.
Complaints and proceedings
[Articles 330 and 332 (1) (a) of the Law]
(1) The collector (with the exception of the export customer) is obliged to complain within 7 days from the date on which he received a timely complaint from his customer, otherwise his rights of liability for defects cease to exist.
(2) Where defects have not been recovered without undue delay after they have been identified and if they have been increased as a result, the supplier shall be obliged to remove them within the agreed time limit, but shall bear the costs only up to the amount of costs which would have arisen if the defects had been recovered without undue delay.
(3) If the supplier does not remove the defects for the reasons for which he is responsible, within the agreed time limit, or if there are minor defects, the removal of which will not be delayed and the defects will therefore be removed by the customer or by someone else, the supplier is obliged to compensate the customer for the cost of the repair.
(4) If removal of the defect is carried out on the spot, the customer is obliged to provide local relief workers, scaffolding, construction wood, hoists, ropes, minor material and auxiliary materials, as well as electricity, fuel, steam, water, gas and compressed air to the extent necessary for repair. Reimbursement of costs related to this may be requested by the customer only to the extent that they are paid.
(5) When making repairs at the production plant, the customer shall ensure the transport of defective items to be repaired and re-transported after the repair is carried out on the load and the supplier's danger.
(6) If the repair is carried out abroad, the customer shall return the defective items exchanged to the supplier at his request within 6 months of the replacement to the cargo and the danger of the supplier.
(7) The supplier is obliged to remove, without undue delay, the defects on his delivery that have occurred in connection with the complaints in addition to the complaints.
Liability for defects (guarantee)
(k § 329 of the Act)
(1) The supplier shall provide the customer with a comprehensive guarantee if:
(a) ensure full implementation documentation for the full extent of its supply;
(b) its supply contains all the machinery and equipment specified in the implementing documentation;
(c) its supply includes complete assembly (§ 71);
(d) none of the machinery and equipment supplied is manufactured according to the design (documentation) required by the customer.
(2) The collective guarantee includes a comprehensive responsibility for the quality (for the material and workshop design used), for the construction of machinery and equipment, for the accuracy of the implementing documentation, for the quality and completeness of the assembly supplied and agreed in a manner for the function of the machine sets supplied, as well as for the achievement of the agreed values of quality technical indicators (performance guarantee). The performance guarantee shall be provided when the guarantee tests are agreed upon. A more detailed definition of liability, including the consequences of non-compliance with the agreed characteristics, shall be agreed by the organisation in the contract (§ 43). The supplier is obliged to agree in the contract at least on the scope and terms of the guarantee which are similar to the scope and conditions of the guarantee for similar supplies which he has already delivered if they have been delivered on similar terms and conditions.
(3) Where the supplier provides a performance guarantee, he shall demonstrate by guarantee tests that the delivery reaches agreed values of quality technical indicators; The machines and equipment must work perfectly during them without any other than maintenance interference.
(4) If the supplier has successfully carried out the guarantee tests, this proves that the delivery reaches agreed values of quality technical indicators.
(5) At the request of the export customer, the main supplier is obliged to agree that the export customer shall negotiate with the foreign customer a longer period of liability than 1 year after the placing in service of the machinery and equipment, if this extension corresponds to the agreed period of the test run by the foreign customer upon completion of the delivery; for the same period, the two-year period from delivery of the last substantial part shall be extended. This also applies to other suppliers, while providing a longer period of liability for remuneration.
(1) If the supplier is not liable under § 48 (1) and (2), he is responsible only for individual machines and equipment.
(2) The guarantee for individual machines and equipment includes:
(a) the responsibility for their quality (for the material and workshop design used) and for the construction, if any, of the machinery and equipment manufactured according to the manufacturer's design (documentation); where machinery and equipment which do not require installation or are supplied with assembly, the supplier shall also be responsible for their function and, where appropriate, for their performance;
(b) the responsibility for professional execution according to the supporting documents submitted and using the materials specified in the documentation, if the machinery or equipment is manufactured according to the design (s) required by the customer.
The supplier shall be responsible for the refractory linings of industrial furnaces for 2 months, for refractory linings of coke oven batteries, blast furnaces, wind heaters and other refractory linings and smoke pipes 6 months after delivery.
(1) Supplier's liability does not apply to defects of origin
(a) in documentation, machinery, equipment, assembly or tests which are not the subject of its supply; However, the supplier is responsible for defects caused by the characteristics of the machine or equipment which he has specified in the implementing documentation or by other means,
(b) that, when delivered by means of chief assembly, the customer did not act in accordance with the supplier's assembly orders; the supplier is obliged to notify the customer of this consequence in such a way that the customer is able to remove the assembly defects before completion.
(2) The supplier does not respond
(a) for the damage or destruction of security equipment intended to be damaged or destroyed in excessive stress during the performance of this function;
(b) for defects in individual parts of the supply after their service life and for defects caused by normal wear,
(c) for defects caused by non-professional service or maintenance, in particular failure to comply with prescribed operating instructions, maintenance, use of media, lubricants, etc.,
(d) for defects caused by failure to comply with the operating rules or by the use of the machine or equipment supplied under working conditions different from those agreed or normal.
Complaints and proceedings
Paragraph 44 applies mutatis mutandis to the complaint and its settlement.
Liability for defects (guarantee)
(k § 329 of the Act)
When special assembly is supplied as part of the delivery of the export investment unit, the supplier shall be responsible for the accuracy of the assembly according to the external assembly documentation; Paragraph 53 (d) applies mutatis mutandis. In such cases, the collector shall be responsible for not infringing the rights of third parties.
Liability for defects (guarantee)
(k § 329 of the Act)
If the supply of the building involves individual machinery and equipment, or refractory linings and smoke pipes, the supplier shall be responsible for them in accordance with § 49 (2) and § 50. Paragraphs 51 and 52 apply mutatis mutandis to these supplies.
Liability for defects (guarantee)
(to Section 135 of the Act)
(1) Where supplies under this section are made only in relations between the Czech organisations, the guarantee period shall be 6 months from completion.
(2) Where a customer requests a supplier to remove defects or to provide a new impeccable performance in return for payment after the supplier's liability for defects has already expired, the supplier shall undertake to provide the customer with the required performance. This is without prejudice to the customer's right to compensation for damage caused by defective performance.
Transitional provision
The provisions of this Order shall be governed by legal relations arising after the date of its effectiveness; the legal relations of the contracts for the supply of export investment units concluded before the date of application of this Order, as well as the changes to those legal relations which occurred after the date of application of this Order, shall be governed by the existing rules. However, organisations may agree that this decree also governs legal relations based on economic treaties concluded before the decree is effective.
Repeal
Decree No. 1 / 1965 Coll. of the ministries of Foreign Trade and Heavy Engineering, which issue the basic terms of supply of export investment units, is hereby repealed.
Efficacy
This Decree shall take effect on 1 July 1986.
Minister for Foreign Trade CSSR:
Ing. Urban CSc. v. r.
Minister of General Engineering CSSR:
Ing. Bahyl v. r.
Minister of Metal and Heavy Engineering CSSR:
Ing. Saul v. r.
Minister of Electric Engineering CSSR:
Prof. Ing. Cubate DrSc. v. r.
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Regulation Information
| Citation | Ordinance of the Federal Ministry of Foreign Trade, the Federal Ministry of Steel and Heavy Engineering, the Federal Ministry of General Engineering and the Federal Ministry of Electrical Engineering No. 31 / 1986 Coll., on the basic conditions of supply of export investment units |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 14.05.1986 |
|---|---|
| Effective from | 01.07.1986 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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