Government Decree No. 37 / 1953 Coll.
Regulation on the method and time limits for the submission of complaints for the supply of non-quality and incomplete products and products which do not comply with national standards, standards and technical conditions, and on property disputes in failure to comply with claims
Valid
Effective from 16.05.1953
Contents
Část první.
Oddíl 1.
§ 1.
Oddíl 2.
§ 2.
§ 3.
§ 4.
Oddíl 3.
§ 5.
§ 6.
§ 7.
§ 8.
§ 9.
Oddíl 4.
§ 10.
§ 11.
§ 12.
§ 13.
§ 14.
§ 15.
§ 16.
§ 17.
§ 18.
§ 19.
Oddíl 5.
§ 20.
§ 21.
Část druhá.
§ 22.
§ 23.
§ 24.
§ 25.
§ 26.
§ 27.
§ 28.
§ 29.
§ 30.
§ 31.
§ 32.
§ 33.
§ 34.
§ 35.
§ 36.
§ 37.
§ 38.
§ 38a.
§ 39.
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37.
Government Regulation
of 27 April 1953
on the manner and timing of the submission of complaints for the supply of poor and incomplete products and products which do not comply with national standards, standards and technical conditions, and on property disputes for non-compliance with claims.
The Bureau of the Central Committee of the Communist Party of Czechoslovakia and the Government of the Czechoslovak Republic have emphasised many times that one of the most important tasks of the socialist industry is the fight to improve the quality of products, to eliminate the supply of incomplete products and to implement the delivery plan in the assortment.
However, neither the companies nor the economic organisation nor the authorities of the state and the ministerial arbitrage paid the necessary attention to the issues of quality, completeness and range.
In order to address these deficiencies, the Government of the Czechoslovak Republic orders the Government of the Czechoslovak Republic pursuant to § 41 (2) (e) of Act No. 241 / 1948 Coll., on the first five-year Economic Development Plan of the Czechoslovak Republic (Five-year Plan Act), and § 31 (1) of Act No. 99 / 1950 Coll., on Economic Contracts and State Arbitration:
Procedure for delivery of defective products.
Initial provision.
Under this Regulation:
(a) undertakings and economic organisations shall submit complaints in cases of supply of poor and incomplete products and products not complying with national standards, standards and technical conditions;
(b) the authorities of the State Arbitration shall decide on property disputes in cases where the customer's claims are not met.
Product acceptance.
(1) The acceptance of the products (hereinafter referred to as "the acceptance") consists in the examination of the quality, range, marking and completeness of the products supplied. If necessary, an analysis or other technical test of the products taken over shall be carried out.
(2) When taking over transported products at the point of delivery (railway station, port, airport etc.), the customer is obliged to examine the cargo in the presence of a representative of the transport undertaking. Unless otherwise provided for in the transport contract, the customer must ask the transport undertaking for a protocol to establish the circumstances which may affect the quality of the products (longer transport time than those laid down in the relevant regulations, breach of packaging, traces of its opening and such.). A collector who does not do so shall not be entitled against the supplier to make good the damage that he might have demanded from the transport undertaking should the protocol be established.
The acceptance shall be carried out at the place designated by the contract, the basic terms of delivery or other provisions binding on both parties. If the place of receipt is not so determined, the receipt shall be made at the local delivery (excluding the receipt of heavy industrial products) in the supplier's warehouse or in the customer's warehouse.
(1) If the contract or the basic terms of delivery do not provide for a shorter time limit, the customer is obliged to take over products which are rapidly spoiled within 24 hours at the latest for other products within 15 days.
(2) These time limits shall start at the time of local delivery on the day on which the customer receives the supplier's report that the products are ready to be taken over, or on the day of delivery of the products to the station of destination.
Protocol on defects.
(1) If the customer finds that the product is defective, he must draw up a defect report.
(2) Such defects of the products as may be identified by the expert during normal acceptance shall be regarded as evident, while maintaining care in the normal taking of any type of products. Other defects are considered to be hidden.
(3) The report on defects shall state:
(a) the time and place of drawing up the Protocol;
(b) the names of the persons who participated in the drawing up of the Protocol, indicating their functions;
(c) the date of dispatch of the products, the date of their arrival at the station of destination and the date of their arrival at the store of the purchaser;
(d) the exact name of the customer, the supplier, the consignor and the manufacturer, indicating the dates and numbers of the invoices and bills;
(e) a description of the products, marking, packaging, condition of the products as they have been stored and, where necessary, the state of their use;
(f) the quantity (weight) and description of the products examined, specifying precisely the number (weight) of those affected;
(g) the date of detection of defects in the products and the names of the persons who identified them;
(h) a precise description of the defects indicating their technical causes, after the missing parts;
(i) the amount of the rebate requested and its justification;
(j) a statement by the customer as to whether the defective products are accepted for the performance of the contract or outside the contract and whether they require replacement performance.
(4) The defect report shall specify the extent to which the products do not comply with the contractual conditions, national standards, technical standards, technical conditions or samples.
(5) If the nature of the products so permits, a sample must be taken. If the contract or provisions binding on both parties do not determine the method of taking samples, the sample shall be taken in three specimens in the presence of persons participating in the drawing up of the Protocol. These persons shall be signed on samples or on a label. One of the samples will be kept by the customer, two will be handed over at the same time as the protocol and complaint to the supplier.
(1) The Protocol on defects must be drawn up within 24 hours for products that are rapidly spoiled, for other products within 5 days of the examination.
(2) In the case of products sold in retail stores by internal trade organisations, with the exception of food products, the organisation of internal trade may, even if a protocol on defects has not been drawn up within the time limits referred to in paragraph 1, draw up, within the time limits referred to in paragraph 3, a protocol on obvious defects found in the preparation of products for retail or retail sale.
(3) If hidden defects appear only after the receipt, a record of defects shall be drawn up within 5 days of their detection, but no later than three months from the date of delivery of the products to the customer's warehouse, after the date of delivery to the station of destination.
(4) For products with a guarantee period, a record of defects shall be drawn up within 5 days of their detection but not later than the last day of the guarantee period.
(5) Save as otherwise provided in the contract or regulations binding on both parties, the guarantee period for machinery and equipment shall begin on the date on which it began to be used, on the date of their sale to the consumer and on the day on which the products are delivered to the customer's warehouse, on the date on which they are delivered to the station of destination.
(6) The time limits referred to in paragraphs 3 and 4 apply in relation to the supplier and the customer even if the consumer only found the hidden defects after buying the products in the store.
If the consumer who bought the products in the store finds defects for products sold in retail stores, the following documents shall be attached to the defect report:
(a) a statement by the consumer as to whether the organisation of internal trade satisfied its claim;
(b) the expression of the organisation of the internal trade containing the date of sale of the product and the indication of whether the money has been corrected or returned;
(c) the manufacturer's control plate, if attached to the product, with a note from the organisation of the internal trade on the date of sale of the product;
(d) a document confirming the repair and its cargo.
(1) If both parties are in the same place, the buyer shall invite the supplier to participate in the establishment of the defect protocol. Otherwise, the customer shall have this obligation only if it is provided for in a contract or regulations binding on both parties or if there is a serious case.
(2) The invitation referred to in paragraph 1 shall be delivered to the supplier by:
(a) if both parties are in the same place, no later than 24 hours and, in the case of products which are rapidly deteriorating, no later than 2 hours before the establishment of the defect protocol;
(b) if both parties are not in the same place, within the time limit laid down by the Treaty or by the provisions binding on both parties and if there is a serious case referred to in paragraph 1, no later than 2 days before the establishment of the Protocol on defects.
(3) In order to draw up a report on defects, representatives of technical or qualitative checks must be sent:
(a) both customers and suppliers, where both parties are at the same place;
(b) customers and, in serious cases, suppliers, if both parties are not at the same place.
If the supplier does not appear to draw up a report on defects, if he does not have to be invited to participate or if the supplier and the customer are of different opinion about defects, the customer must, in serious cases, invite a representative of the undertaking subject to the same main administration as the supplier to draw up a report on defects and, failing that, an official expert or expert representative of an impartial undertaking or organisation.
Consequences of delivery of defective products.
(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.
If hidden defects are found for metallurgical products during processing, the supplier shall pay the customer 50% of the standard processing costs, unless otherwise provided for by the provisions binding on both parties.
(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 pursuant to paragraph 2 shall not pay such periodic penalty payments.
Where a contract or provision is not binding on both parties to ensure that the results of the random verification are valid for the whole delivery, discounts and fines shall be charged for the supply of products of incorrect quality only on the basis of the quantities actually established.
If the customer fails to comply with the deadline for drawing up the defect report for products that are rapidly spoiled, the supplier (manufacturer) shall not be liable for the supply of products of incorrect quality. This provision shall not apply if the customer can prove that the deficiencies identified could not have occurred during the delay in drawing up the protocol.
Unless otherwise stipulated by the provisions binding on both parties, the supplier who has failed to comply with the supply range (dimension, group, profile, etc.) shall be obliged to pay the customer penalty payments as a result of the non-performance of the contract in terms of quantity of products not delivered and, in addition, a fine of 3% of their invoiced price, whether received or returned by the customer.
Unless otherwise provided for by provisions binding on both parties, the supplier of products incorrectly labelled or unlabelled (where labelling is prescribed by the relevant legislation) shall be obliged to pay the customer a fine of 5% of the invoiced price of the incorrectly branded or unbranded products. The collector shall not be entitled to return incorrectly marked or unlabelled products to the supplier. However, if incorrectly marked or unbranded products do not comply with the contract in terms of quality, the supplier shall be obliged to pay a fine for incorrect marking or unbranding in addition to the fine referred to in Article 10 (2) for the supply of products of poor quality or under Article 12 (4) for the supply of products of poor quality.
Unless otherwise stipulated by the provisions binding on both parties, the supplier of the incomplete products shall be obliged to pay the customer a fine of 100% of the price of the undelivered parts. Until completion, the customer does not have to pay for the incomplete products supplied. If the customer receives an invoice for an incomplete product, the invoice shall be returned without payment. If it finds that the product is incomplete after payment, it may request repayment of the amount paid. Furthermore, the customer has the right to require completion within a minimum technically possible period.
(1) Where a supplier who is not a manufacturer is obliged to carry out an interim product verification, the manufacturer shall be responsible for the defective products only for six months from the date on which the supplier was to draw up the defect report. If the supplier has not claimed his claims against the manufacturer within that period, he shall bear all the consequences himself.
(2) Where a non-producer supplier supplies products in the original packaging or packaging without opening them and the packaging or packaging is not damaged, or where the supplier is not obliged to verify the quality of the products received from the manufacturer, the time limit referred to in Article 24 (2) and (4) shall apply against the manufacturer.
(1) Where a supplier consistently supplies products of poor quality, poor quality, incorrectly marked, unmarked or incomplete, or where other circumstances so justify, the arbitration authority may increase the fines provided for in Sections 10, 12, 16 and 17 as follows:
(a) when supplying products of poor quality up to 20% of their invoiced price;
(b) where products of poor quality are delivered up to 15% of their invoiced price;
(c) when products incorrectly labelled or unlabelled up to 10% of their invoiced price are delivered;
(d) for the supply of products not complete up to 25% of the invoiced price of products which could not be used for the incompleteness of the supply.
(2) All costs associated with the return of products not in conformity with the contract, the replacement of products with quality or the addition of missing parts shall be borne by the supplier in addition to the discount, the cost of the removal of defects, fines and periodic penalty payments. In addition, the supplier shall, irrespective of the fault of the customer, pay the damage caused if it is not covered by a fine.
Complaints.
(1) Save as otherwise provided for in the provisions binding on both parties, the customer must apply the claims provided for in Sections 10 to 19 (hereinafter referred to as claims) to the supplier within 10 days at the latest. This period shall begin from the date of drawing up the defect report and, if the defect report has not been drawn up in time or at all, from the date on which it was to be drawn up. A copy of the defect report and other documents justifying the claim shall be attached to the claim, unless the supplier has them.
(2) If the defect protocol has not been drawn up in time or at all, but the customer proves the claim otherwise, the supplier pays only 25% of the required amount and pays 75% to the Treasury.
(3) Where claims against a supplier which is neither the manufacturer nor the consignor of the products are applied, the customer must send a copy of the claim and all documents to the supplier also for the undertakings that produced or shipped the products.
The supplier is obliged to comply or notify the customer of why he refuses to do so within 10 days of receiving the complaint.
Dispute claims.
(1) Arbitration authorities accept arbitration requests concerning claims for claims (hereinafter referred to as "complaints") only if the supplier did not comply with the claim made before the arbitration request.
(2) The arbitration request must be directed against both the supplier and the manufacturer, after the consignor, if not the supplier himself. If the customer does not know the manufacturer, he may submit an arbitration request only against the supplier. In such a case, the arbitration authority shall, on its own initiative, extend the dispute against the manufacturer.
In the case of complaints, the local jurisdiction of the regional authorities of the State Arbitration shall be governed by the place of delivery of the products.
(1) The arbitration authorities must initiate the arbitration procedure as soon as they have ascertained, from the press or in any other way, a case of the supply of poor or incomplete products or a failure to comply with the supply chain.
(2) An arbitration request concerning complaints and compensation for damage caused by the supply of defective products must be made within six months.
(3) The period shall begin from the date of drawing up the Protocol on defects and, if the Protocol on defects has not been drawn up in time or at all, from the date on which it was to be drawn up.
(4) In the case of regression claims, the period shall begin on the date on which the applicant paid the amount claimed by the regression or the date on which he was sentenced to payment by arbitration.
(1) The arbitration request must be accompanied by:
(a) proof of an attempt at reconciliation;
(b) the contract for which delivery has been made or the relevant extract from that contract;
(c) a written document from the manufacturer or supplier confirming the quality, assortment, marking or completeness of the products supplied;
(d) a defect report certified by technical or qualitative inspection;
(e) a copy of the invitation to the supplier to participate in the establishment of the defect protocol;
(f) a bill of lading for supplies carried by rail;
(g) the supplier's invoice (manufacturer) and, if paid, proof of payment;
(h) a copy of the claim;
(i) a copy of the response to the complaint;
(j) where necessary, the basic conditions of supply and other provisions on products supplied;
(k) calculation of the amount requested;
(l) proof of dispatch of the copy of the arbitration request and its annexes to the opponents and co-opponents.
(2) The organisation of internal trade must attach a certificate signed by the head of the organisation and by the principal (s) of the accounting officer that defective products have been sold at a price lower than that indicated in the invoice and, if the products have not yet been sold, a certificate of reassessment signed by the same persons.
(1) The arbitration authorities are required to prepare carefully negotiations on complaints.
(2) Once an arbitration request has been made, the arbitration authority shall establish:
(a) if all the annexes listed in Section 25 are attached,
(b) if the arbitration request is directed against all opponents,
(c) if entitlement is not applied in whole or in part after a six-month period (Paragraph 24 (2)),
(d) if the documents for the decision of the dispute are sufficient.
(3) The necessary additions shall be requested by the arbitration authorities within 10 days of receipt of the arbitration request.
Applications lodged after the expiry of the six-month period (Paragraph 24 (2)) shall not be accepted by the arbitration authorities and returned to the applicant without a decision.
The arbitration authorities shall decide on the complaint no later than 30 days after receipt of or completion of the arbitration request.
(1) When deciding on complaints, the arbitration authorities are not limited to establishing the facts relevant to the complaint, but are obliged to identify all the circumstances of the dispute and the causes of the defects in a broad and thorough manner.
(2) The arbitration authorities must assess strictly critically all documents submitted by the parties, as well as expert opinions, research institutes, ministries' statements and such. They are also obliged to examine whether the acceptance of the products was carried out in accordance with the applicable rules.
Where necessary, the arbitration authority shall require the parties to also send to arbitration their employees who were directly involved in the production or acceptance of the product (engineers, technologists, masters, experts, etc.).
The arbitration authorities shall be based on the provisions of this Regulation and other legislation binding on both parties on the means of acceptance, on the manner and time limits for the establishment of the Protocol on defects, on the time limits for the submission of complaints and on the level of ownership for the supply of products of poor quality, poor quality, assortment, incorrectly labelled, unbranded or incomplete.
For non-contractual supplies, the arbitration authority shall determine the amount of the fines provided for in this Regulation. The fined ticket will be taken by the supplier to the Treasury.
If the dispute involves a customer, supplier, producer and, after the case of another co-applicant or co-contender, the arbitration decision must fully adjust the legal circumstances of all those parties to the dispute.
(1) The arbitration decision shall state briefly and clearly the arguments of the parties, the substance of the dispute and the grounds for the arbitration authority's decision and the documents on which it has taken its decision (basic terms of supply, contract, expert opinion, etc.). If the arbitration request has been granted in whole or in part, the grounds for refuting the opposition (co-defendant) must be stated. The refusal of the arbitration request shall also be justified.
(2) The decision granting the arbitration request must indicate separately the amount of the basic claim, the fine and the arbitration fee.
(1) The arbitration authorities are required to notify to the superior authorities of suppliers (producers) all cases of unquality, poor quality, assortment, incorrectly labelled, unbranded or incomplete supplies found. The notification shall specify:
(a) the names and addresses of the supplier, manufacturer and consignor;
(b) the names of the products supplied,
(c) date of delivery,
(d) who has identified defects in the products,
(e) the date, where applicable, of the defect report;
(f) the nature of the defects identified;
(g) a proposal, if any, on how to remove defects and avoid repetitions.
(2) The notification must be accompanied by a copy of the decision of the arbitration authority and, where possible, a copy of the report on defects. The notification shall be sent no later than 5 days after the date of the decision.
(3) The beneficiary of the notification shall respond within 30 days and, in particular, take an opinion on the proposal referred to in paragraph 1 (g).
(1) Depending on the seriousness and nature of the defects identified, the arbitration authority shall notify the following:
(a) directors of the main administrations of the supplier (s); or
(b) the minister or delegate to a superior supplier (manufacturer); or
(c) the Regional National Committee, the College of Authors or the Government.
(2) The arbitration authority shall also notify the Attorney General and the Minister of State Control of serious or recurrent defects.
The arbitration authorities are required to systematically examine the causes of the defects and to generalise knowledge of complaints. The results of this work shall be reported, where appropriate, with proposals for general measures to remedy the defects and to exclude their repetition to the relevant ministers (delegates) and, where necessary, to the authorities where the arbitration authority is established.
The arbitration authority shall keep a precise record and check of the notifications referred to in Article 35 and of the replies received. If the answer is insufficient, it must insist on implementing the measures proposed in the notification or any other appropriate measure.
The provisions of this Regulation shall not apply to the external trade section. The manner and time limits for the submission of claims for the supply of non-quality and incomplete products for export and from import shall be governed by the provisions of the detailed conditions of sampling for export goods and the detailed conditions of sampling for imported goods issued by the Minister of Foreign Trade in agreement with the ministers involved.
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.
Contents
Část první.
Oddíl 1.
§ 1.
Oddíl 2.
§ 2.
§ 3.
§ 4.
Oddíl 3.
§ 5.
§ 6.
§ 7.
§ 8.
§ 9.
Oddíl 4.
§ 10.
§ 11.
§ 12.
§ 13.
§ 14.
§ 15.
§ 16.
§ 17.
§ 18.
§ 19.
Oddíl 5.
§ 20.
§ 21.
Část druhá.
§ 22.
§ 23.
§ 24.
§ 25.
§ 26.
§ 27.
§ 28.
§ 29.
§ 30.
§ 31.
§ 32.
§ 33.
§ 34.
§ 35.
§ 36.
§ 37.
§ 38.
§ 38a.
§ 39.
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Regulation Information
| Citation | Government Decree No. 37 / 1953 Coll., on the method and time limits for the submission of complaints in the supply of poor and incomplete products and products which do not comply with state standards, standards and technical conditions, and on property disputes in non-compliance with claims |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 16.05.1953 |
|---|---|
| Effective from | 16.05.1953 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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