Government Decree No. 33 / 1954 Coll.
Regulation amending Decree-Law No 37 / 1953 Coll., on the manner and time limits for the submission of complaints in respect of the supply of poor and incomplete products and products not complying with national standards, standards and technical conditions and on property disputes in respect of non-compliance with claims
Valid
Effective from 11.08.1954
33.
Government Regulation
of 16 July 1954
amending Government Regulation No 37 / 1953 Coll., on the manner and time limits for the submission of complaints in respect of the supply of poor and incomplete products and products which do not comply with national standards, standards and technical conditions and on property disputes in respect of non-compliance with claims.
The Government of the Czechoslovak Republic orders pursuant to § 13 paragraph 2 of Act No. 2 / 1954 Coll., on the State Plan for the Development of the National Economy of the Czechoslovak Republic for 1954:
Government Decree No. 37 / 1953 Coll. is amended as follows:
1.
(1) Non-quality products (bastards) are considered as non-compliant products which cannot be used as intended. The collector shall not take over the poor quality products. The supplier is obliged - unless the customer refuses to do so - to deliver the products of the agreed quality within the next or agreed period after the same period of time to arrange for the repair of the non-quality products. In the case of products that are rapidly spoiled, the customer must immediately (by telex, telephone) notify the supplier, who is obliged to arrange for quick and economical use of the products immediately.
(2) Unless otherwise provided for by the provisions binding on both parties, the supplier of non-quality products shall pay the customer a fine of 10% of the price of the products of the agreed quality.
(3) A supplier who supplies products of the agreed quality in accordance with paragraph 1 only after the end of the original delivery period shall pay the customer a periodic penalty payment in accordance with the rules on economic contracts. A collector who rejects products of agreed quality in accordance with paragraph 1 shall not pay such periodic penalty payments. ';
2.
(1) Products of poor quality shall be considered as products which do not conform to the agreed quality in accordance with the relevant national standards, standards, technical conditions and conditions agreed upon, if not for bastards.
(2) Products of better quality than those of the contract shall be taken over by the customer only if the provisions binding on both parties or the contract so provide. Products of lower quality than the contract may not be taken over by the customer.
However, the collector may:
(a) to take over products with a discount provided for in the contract or in the relevant rules, or if the discount has not been fixed by the contract or by the regulations, with a discount fixed by the expert; or
(b) if appropriate, eliminate the difference in the quality of the products per supplier's cargo; or
(c) require the difference in product quality to be eliminated by the supplier on his load.
Improper quality products taken over shall be included in the performance of the contract.
If the customer does not exceed the products of incorrect quality, the supplier is obliged, unless the customer refuses, to deliver the products of the agreed quality within the next or agreed time limit.
(3) The organisation of internal trade takes over and sells products of poor quality only under the conditions laid down by the Minister for Internal Trade in agreement with the relevant manufacturing minister. If no agreement is reached, the organisation of internal trade shall take over and sell products of poor quality only under the conditions laid down by the Government on a proposal from the relevant production minister. Improper quality products taken over shall be included in the performance of the contract, unless the government provides otherwise.
(4) Unless otherwise provided for by the provisions binding on both parties, the supplier of the products of incorrect quality shall be obliged to pay the customer a fine of 5% of the invoiced price.
(5) A supplier who, pursuant to paragraph 2, delivers products of agreed quality only after the end of the original delivery period shall pay the customer a periodic penalty payment in accordance with the rules on economic contracts. A collector who rejects products of agreed quality in accordance with paragraph 2 shall not pay such periodic penalty payments. ';
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.
Uher v. r.
Bark v. r.
Lamb
David v. r.
Dvořák v. r.
Děuriš v. r.
Ing. Jankovcová v. r.
Jonah v. r.
Krajčir v. r.
Kromir
Dr Kylý v. r.
Malek v. r.
Maurer v. r.
Dr. Unedible v. r.
Dr Neuman v. r.
Nosek v. r.
Plojhar v. r.
Polack v. r.
Pospíšil v. r.
Ing. Púčik v. r.
Reitmajer v. r.
Smida v. r.
Ing. Shimonek v. r.
Dr Skoda v. r.
Dr. Nove v. r.
Stoll v. r.
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Government Regulation No. 33 / 1954 Coll., amending Government Regulation No. 37 / 1953 Coll., on the manner and time limits for the submission of complaints in respect of supplies of poor and incomplete products and products not complying with state standards, standards and technical conditions and on property disputes in respect of non-compliance with claims |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 11.08.1954 |
|---|---|
| Effective from | 11.08.1954 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
Comments 0