Decree of the State Arbitration of the Czechoslovak Socialist Republic No. 35 / 1975 Coll.
Decree of the Czechoslovak Socialist Republic State Arbitration on Economic Obligations in Research and Development
Valid
Effective from 01.05.1975
35
DECLARATION
State Arbitration of the Czechoslovak Socialist Republic
of 9 April 1975
on economic commitments in research and development
The State Arbitration of the Czechoslovak Socialist Republic after discussion with the Federal Ministry of Technical and Investment Development, the Federal Ministry of Finance and other participating central bodies pursuant to § 395 (a) of Economic Code No. 109 / 1964 Coll., in the full version published under No. 37 / 1971 Coll. ("the Act ') provides:
Preliminary provisions
Scope
(1) This Decree regulates the economic obligations of:
(a) addressing research and development tasks of science and technology development plans (State plans for the development of science and technology and economic plans in the parts related to the science and technology development plan (1));
(b) introducing the results of these solutions into production or other social practice and providing other technical assistance in this field.
(2) Economic obligations in the management of research and development tasks to ensure the defence and security of the State shall be covered by this Decree, unless specific provisions provide otherwise.
Participants in contractual relations
(1) The supplier (solver) under this decree is an organisation dealing with the task of developing a science and technology plan or part of it or, where appropriate, processing other research and development work. The supplier under this decree is also an organisation providing professional assistance in implementing the outcome of the task of developing science and technology into production or other social practice.
(2) The contractor (s) under this Decree is an organisation that orders the solution of the task and introduces the result of the task into production or other social practice, in particular by producing newly developed products or using newly developed technologies, or otherwise using the result of research and development work. A central authority or other economic management body may also be the collector, provided that it itself enters into an economic contract under this decree in its capacity as an organisation. The collector is also an organisation that orders solutions to part of the task (part-task, stage) or an organisation that orders professional assistance.
Research and development economic contracts
(1) In order to address research and development tasks and to provide professional assistance in the implementation of the results of the task management in production or other social practice, the organisation shall conclude the following contracts:
- a contract for carrying out research work,
- a contract for the development of a new product or technology,
- a professional assistance contract.
(2) Depending on the nature of the task, organisations may adjust their obligations by individual contracts or jointly in a single contract.
Research contract
The contract for carrying out research works obliges the supplier to carry out research work and to pass on the result to the customer corresponding to the agreed objective. The collector undertakes to cooperate in the agreed manner and to remove the result of the work. With the exception of the tasks of the State Plan and the Department Plan for the Development of Science and Technology financed from the State Budget, where the method of payment is regulated by special regulations, 2) the customer is obliged to pay the price determined in accordance with the applicable regulations.
Contract for the development of a new product or technology
(1) The contract on the development of a new product or new technology obliges the supplier to undertake the development of a new product or the development of a new technology and to pass on to the customer the result of the development work corresponding to the agreed objective. The collector undertakes to cooperate in the agreed manner and to remove the result of the work. With the exception of the tasks of the State Plan and the Department Plan for the Development of Science and Technology financed from the State Budget, where the method of payment is regulated by special regulations, 2) the customer is obliged to pay the price determined in accordance with the applicable regulations.
(2) If the contract ensures the development of new technology for the planned construction, the customer is obliged to discuss the draft contract with the general designer (the organisation eligible as the general designer) and with other organisations that are considered as future participants in the construction, unless their cooperation is covered by a contract under Section 271 of the Act.
Professional assistance contract
(1) The contract on professional assistance obliges the supplier to provide technical assistance in the implementation of the outcome of the task in production or other social practice, or to provide other work and performance of research or development (e.g. rationalisation projects, research) within the agreed scope and time limits. The collector undertakes to withdraw the result of the works and pay the supplier the price determined in accordance with the applicable rules.
(2) Other provisions of this Part shall apply to a contract of professional assistance only if it is the subject of a commitment from that contract to provide research or development-related work and performance, or where the technical assistance is expressly provided for in those provisions. Otherwise, other provisions shall only apply mutatis mutandis to the professional assistance contract.
Obligation to conclude an economic contract
(K § 161, 164 and 270 of the Act)
(1) On the basis of the planning act, the customer is also obliged to conclude the economic contract provided for by this decree.
(2) To the extent provided for by the coordination plan (3), both the supplier and the customer of the part of the task (sub-task, stages) are required to conclude the contract provided for by this decree to secure the task of the State Science and Technology Development Plan, even where the planning act is not issued.
(3) Both the supplier and the customer are required to conclude the contract provided for by this decree also on the basis of the protocol for the discussion of the supplier's customer's relations.
Conclusion of economic contracts
(1) Unless otherwise specified in the schedule of tasks of the State Science and Technology Development Plan or in the schedule of guidelines for drawing up the draft State Science and Technology Development Plan (if such task is already designated as a planning act), the supplier shall submit the draft contract to the customer no later than two months after receipt of the schedule of tasks. For the tasks of economic plans relating to the science and technology development plan, organisations shall proceed mutatis mutandis.
(2) The organisation submitting the draft contract is bound by its proposal for a period of two months from its dispatch.
(3) An organisation which has received a draft contract is required to comment on it not later than two months after dispatch.
(4) If the organisation agrees that the contract is to be submitted by the buyer, it shall comply with the deadline for the submission of the contract pursuant to paragraph 1.
Subject matter and time of execution
(K § 153 of the Act)
(1) The agreement on the subject of performance must be in accordance with the task of the plan; it shall include an agreement on technical, economic or technological parameters for the outcome of the task and an agreement on the form in which the outcome of the task will be surrendered.
(2) The organisation shall also indicate in the economic contract whether the outcome of the whole task will be surrendered and taken over until the final completion of the work or agree on which completed parts of the task (sub-tasks, stages) and on which periods will be separately surrendered and taken over. If the contract does not contain an explicit separate surrender agreement after the completed parts of the tasks (sub-tasks, stages), the outcome of the task will be surrendered and taken over until the final completion date.
(3) The organisation shall, as a general rule, also indicate in the contract the time limits and the manner in which the subject matter of the contract is to be specified.
Other elements of the economic contract
(1) The Economic Treaty, in addition to the formalities necessary for the creation of a contract (Section 153 (1) of the Law), contains in particular:
(a) the manner and form of cooperation of organisations in addressing the task;
(b) details of financing and invoicing and payment according to the nature of the supply in accordance with the rules on financing and invoicing and payment;
(c) the price of research and development work (preliminary price) and the detailed conditions for its improvement, increase or decrease in accordance with price regulations; 5)
(d) how to assess the outcome of the task and its control and the deadline for initiating the adoption procedure;
(e) the method of carrying out the tests and, where appropriate, the procedure and cooperation of the organisation in the adoption of the production;
(f) conditions for the protection, exploitation and management of industrial rights in accordance with specific provisions;
(g) the extent and manner of secrecy;
(h) the conditions under which the supplier or, where applicable, the customer is entitled to provide the outcome of the task to other organisations in accordance with specific rules, where appropriate, given the nature of the case.
(2) The deadline for the submission of a request for a ruling on other matters (Section 153 (3) of the Act) is three months after the date of the contract.
Obligations of participants in contractual relations
(K § 119 of the Act)
(1) Both the supplier and the customer are required in particular:
(a) cooperate in determining the final and phase objectives of the task and its technical, economic or technological parameters, taking into account the latest knowledge of science and technology;
(b) inform each other of the course of the task, inform each other without delay of any obstacles encountered and take measures to eliminate them;
(c) to create conditions for the effective introduction of the outcome of a successfully solved task into production or other social practice;
(d) to the extent agreed (Article 10 (1) (g)), to conceal both the interim and final results of the task and to prevent the unauthorised dissemination of information on the progress of the work and its results. 7)
(2) The supplier shall in particular:
(a) to address the task in a creative manner within the specified time limits and parameters, at the level of the latest knowledge and methods of science and technology, in order to achieve the highest possible economic effectiveness of the outcome of the task, while respecting the requirements laid down by specific regulations, in particular health and safety at work and environmental protection;
(b) in the event that it finds that work can be carried out more quickly or more efficiently in the light of the objectives set, or that it finds the need for an increase or reduction in costs, an extension, restriction or termination of work, or any other serious changes affecting the essential parameters or objectives of the task, or that it finds it impossible to achieve the agreed objective, to draw up a reasoned proposal to amend the economic obligation (§ 12) and to discuss it with the customer promptly; for the task of the State Science and Technology Development Plan, the change of commitment may take place only after a corresponding change in the task of the plan;
(c) to the extent agreed, provide the customer with the necessary professional assistance to implement the outcome of the task in production or other social practice.
(3) The collector must in particular:
(a) to cooperate, to the extent agreed, to ensure the objectives set out in the Economic Treaty and to that extent to provide the supplier with the agreed performance;
(b) report to the supplier the results of the tests of a new product or technology carried out in the framework of the agreed cooperation;
(c) in addressing the task of the State Science and Technology Development Plan, submit to the supplier a proposal for a change of commitment and task if the conditions for implementing the outcome of the task against the contractual assumptions have changed;
(d) to introduce, within the specified scope and time limits, the outcome of a successfully resolved task into production or other social practice;
(e) provide the supplier, upon request, with information on the economic benefits of the outcome of the task.
Amendment and cancellation of the economic obligation
(K § 125 of the Act)
(1) When a change in the task of the State Science and Technology Development Plan is made, organisations are required to adjust their mutual commitments in accordance with that change, even if the approved change is not made by changing the schedule of tasks.
(2) If, as a result of a change in the task of the State Science and Technology Development Plan, a further solution to the task has been halted, the organisation is obliged to cancel the undertaking if the delivery under Paragraph 14 (1) is not completed. When changing other tasks, the supplier is obliged, at the request of the customer, to withdraw the undertaking if the continuation of the work appears unnecessary.
(3) If the undertaking is cancelled, the supplier will pay the costs and profits actually incurred under the conditions laid down in the price regulations. 8)
(4) Where compliance with the delivery deadline is dependent on the co-operation of the customer and the customer has not properly fulfilled its obligations within the agreed time limit, the organisation shall agree on measures to comply with the original contractual delivery period; in which case, the customer shall reimburse the supplier for the increased costs. If such measures are not possible for suppliers, the organisation shall agree a new delivery period and the customer shall compensate the supplier for any increased costs.
Delivery performance
(1) The obligation to supply is fulfilled by the proper resolution of the task, including the successful completion of the specified or agreed tests and the final opposition control of the task, where this is provided for by a separate regulation. 9) The obligation to withdraw is satisfied by the customer's declaration in the take-over note that the result of the task is taken over.
(2) The supplier submits and the customer takes over the completed solution of the whole or part of the task (sub-task, stages) agreed upon by the organisation.
(3) The supply of professional assistance is satisfied by the provision of such assistance, unless the organisation otherwise agreed on a case-by-case basis.
(1) An incomplete solution to the task or part of the task (part-task, stage) can only be surrendered and taken over if the task is stopped.
(2) Before taking over, the result of the task can be used only in exceptional cases and with the consent of the supplier.
(3) The use of the outcome of the task referred to in paragraph 2 shall not be subject to verification of the outcome of the task in an agreed manner.
(1) The collector must not refuse to accept the outcome of the task for defects whose origin depends on the defects of the materials, materials, machinery or equipment which he has supplied to the supplier himself or, where appropriate, on the defects of another cooperation which he has provided to the supplier. In such a case, the supplier shall agree with the customer a time limit for the removal of the defects detected in return for payment.
(2) The provisions of paragraph 1 shall not apply if the supplier knew or had to know about the defects referred to in paragraph 1 in the course of the work in question and did not inform the customer.
(1) A record shall be drawn up of the outcome of the task or part of the task (part-task, stage), which shall include, in particular, an evaluation of the result achieved, an inventory of the defects identified and an agreement on the measures and deadlines for their removal, and, in the absence of an agreement, the views of the supplier and the customer; It also contains a statement by the customer that the submitted result takes over the solution to the task or part of the task (partial task, stages).
(2) If the customer refuses to take over the outcome of the task, the organisation shall write a minutes stating its opinions and their reasons.
Consequences of a breach
Liability for defects
(K § 133 of the Act)
(1) The supplier is responsible for the fact that the outcome of the task is, and will, for a specified period of time, have established technical and economic parameters and that it is in line with the objective set, for the professional execution of the work according to the latest knowledge of science and technology, unless otherwise indicated by the nature of the solution, and for the absence of legal defects.
(2) The supplier is not liable for defects in the solution to the task if he proves that they have been caused by circumstances which he could not prevent, even if all the efforts that may be required of him were made and in the use of the latest knowledge of science and technology; However, at the request of the customer, it is obliged, where economically appropriate, to eliminate defects for remuneration.
(3) The result of the task solution is not considered defective if the supplier proves that the agreed target cannot be achieved at all (negative solution).
(4) When providing professional assistance, the supplier, unless otherwise agreed, shall be responsible for the accuracy of the individual operations provided; However, it shall not be liable for any consequences arising from the failure by the customer to comply with its orders or, where appropriate, that the work was carried out contrary to its instructions.
Guarantee period
(1) Where research works are the subject of a contract, the supplier shall remove defects if the customer has made them known at the latest at a time when the removal of defects is still of technical or economic importance.
(2) Where the development of a new product intended for mass or series production is the subject of a contract, the warranty period shall end with the end of the warranty period for the first bulk or serial product.
(3) Where the development of a new production technology is the subject of a contract, the warranty period shall end with the end of the warranty period for the first mass or serial product according to the new technology. However, if the development of a new technological equipment is also the subject of the contract, the guarantee period shall end with the end of the guarantee period for the first produced technological equipment.
(4) If not manufacturing technology, the guarantee period for the development of the new technology shall be six months from the date of implementation of the outcome of the task in social practice.
(5) Where the development of a single product of its kind (unique) is the subject of a contract, the guarantee period shall be 12 months from the date of delivery.
(6) The guarantee period for professional assistance is six months from the date of completion of the supply.
Liability rights for defects
The collector shall have the right to free removal of the defects for which the supplier is responsible; if the defect is unremovable or if the removal of the defect would be associated with disproportionate costs or would be inefficient for technical or economic reasons or impossible due to the nature of the case, the customer is entitled to a reasonable price discount. 10)
Liability for late payment
(K § 139 of the Act)
The provisions of the first section of Section 139 of the Act cannot be applied to commitments providing for the tasks of the State Science and Technology Development Plan.
Property sanctions
(1) A supplier who is late in complying with the delivery obligation is obliged to pay the customer a penalty of 0,5% of the delivery price for each month of delay.
(2) A collector who is late in fulfilling the contractual obligation to cooperate shall be obliged to pay to the supplier for each case and the day of the delay in payment of a penalty of CZK 500 but not more than CZK 15 000 for each case.
(3) The collector who did not make the necessary reception conditions within the prescribed time limit, did not initiate, properly continue or unduly refuse to take over the supply properly, is obliged to pay a penalty payment to the supplier of 500 CZK for each day of delay.
(4) Organisations which have acquired the right to property sanctions referred to in paragraphs 1 to 3 may waive their accounting or enforcement in part or in whole.
Scope of compensation
(K § 147 of the Act)
If damage has been caused to the organisation by a breach of an undertaking or a breach of another legal obligation laid down in this Decree, the compulsory organisation shall pay only what the property of the injured organisation has been reduced by a harmful event. If the organisation does not agree on a higher compensation limit, the damage shall be paid only up to the price of the subject matter.
Special arrangements for liability for defects in certain supplies of machinery and equipment sets
(K § 298 of the Act)
(1) In cases where defects in the supply of a set of machines and equipment are caused by the use of machinery or equipment resulting from research and development work and which have not yet been tested in service, (11) the responsibility of the supplier of a set of machines and equipment is limited to the obligation to remove defects for the payment of the share of costs agreed by the competent authorities; the agreement shall comply with specific provisions. 12) The assumption of such a limitation of liability is that the supplier of a set of machines and equipment will show that the defects were caused by circumstances which he could not prevent, even if all the effort that could be required of him and the use of the latest knowledge of science and technology.
(2) If the customer has legitimately refused to take delivery of the set of machines and equipment for defects referred to in the preceding paragraph, 13) the supplier shall not be late in fulfilling the delivery for as long as he has removed the defects with maximum effort; the assumption is that other parts of the supply of a set of machines and equipment have been carried out in time, properly and without defects.
(3) For a set of machines and equipment in which the machines and equipment resulting from research and development work have been used and which have not yet been tested in service, the supplier is obliged, at the request of the customer, to carry out guarantee tests in the agreed range at the end of the test run.
Efficacy
(1) This Decree takes effect on 1 May 1975.
(2) The legal relations of the economic agreements governed by this Decree, which arose before its effect, have only been governed by its provisions since 1.1.1976.
Main Arbiter
Czechoslovak Socialist Republic:
Brandeys v. r.
1) i.e. department (sectoral), branch and corporate science and technology development plan.
2) Decree No. 141 / 1971 Coll., on the financing of the non-investment costs of the development of science and technology and similar activities.
3) Annex A - Section III Uniform guidelines for drawing up the draft five-year plan for the years 1976 to 1980.
4) Article 26 (3) and Article 27 of the Decree of the State Planning Commission and the State Arbitration of ČSSR No. 33 / 1975 Coll., on the discussion of supply-customer relations in the planning process.
5) Decree of the Federal Price Office, Czech Price Office and Slovak Price Office No. 137 / 1973 Coll., on Prices.
6) Act No. 84 / 1972 Coll., on discoveries, inventions, improvements and industrial designs.
7) This provision is without prejudice to the confidentiality obligations laid down in specific provisions.
8) Paragraph 72 (4) of the Order of the Federal Price Office, the Czech Price Office and the Slovak Price Office No. 137 / 1973 Coll., on Prices.
9) Directive of the Federal Ministry of Technical and Investment Development of 13.7.1971 No 11 713 / IV-1 / 1971, for the opposition proceedings in the tasks of the State Development Plan of Science and Technology (Rapporteur of the Federal Ministry of Technical and Investment Development and Ministries of Construction and Technology of the Czech Socialist Republic and Slovak Socialist Republic, No 6 / 1971).
10) Paragraph 73 (2) of the Order of the Federal Price Office, the Czech Price Office and the Slovak Price Office No. 137 / 1973 Coll., on Prices.
11) Paragraph 35 (2) of Decree of the Federal Ministry of Technical and Investment Development No 163 / 1973 Coll., on documentation of buildings.
12) For example, the Decree of the Government of the Czechoslovak Socialist Republic No. 139 / 1971 Coll., on the Financial Management of State Economic and Certain Other Socialist Organisations, Decree of the Federal Ministry of Finance and President of the State Bank No. 140 / 1971 Coll., on the Financing of the Reproduction of Basic Funds, Decree of the Federal Ministry of Finance No. 141 / 1971 Coll., on the Financing of the Non-Investment Costs of the Development of Science and Technology and Similar Activities.
13) This is without prejudice to the provisions of Decree No. 163 / 1973 of the Federal Ministry for Technical and Investment Development, on documentation of buildings, on any modification of project documentation, if the removal of defects would not be possible.
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Decree of the State Arbitration of the Czechoslovak Socialist Republic No. 35 / 1975 Coll., on economic commitments in research and development |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 18.04.1975 |
|---|---|
| Effective from | 01.05.1975 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
Comments 0