Decree of the State Arbitration of the Czechoslovak Socialist Republic No. 45 / 1978 Coll.
Decree of the State Arbitration of the Czechoslovak Socialist Republic issuing the basic terms of supply of consumer products
Valid
Effective from 01.07.1978
Contents
ČÁST PRVNÍ
§ 1
ČÁST DRUHÁ
§ 2
§ 3
§ 4
§ 5
§ 6
§ 7
§ 8
§ 9
ČÁST TŘETÍ
Oddíl první
§ 10
§ 11
§ 12
§ 13
§ 14
§ 15
§ 16
§ 17
§ 18
Oddíl druhý
§ 19
§ 20
§ 21
§ 22
§ 23
§ 24
§ 25
§ 26
§ 27
Oddíl třetí
§ 28
§ 29
§ 30
§ 31
§ 32
§ 33
§ 34
Oddíl čtvrtý
§ 35
§ 36
§ 37
§ 38
§ 39
§ 40
§ 41
Oddíl pátý
§ 42
§ 43
§ 44
§ 45
§ 46
§ 47
ČÁST ČTVRTÁ
§ 48
§ 49
§ 50
§ 51
§ 52
§ 53
§ 54
§ 55
§ 56
§ 57
§ 58
§ 59
ČÁST PÁTÁ
§ 60
§ 61
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45
DECLARATION
State Arbitration of the Czechoslovak Socialist Republic
of 24 April 1978
issuing basic conditions for the supply of consumer products
The State Arbitration of the Czechoslovak Socialist Republic after discussion with the participating ministries and other central authorities pursuant to § 392 (1) of Economic Code No. 109 / 1964 Coll., as published under No. 37 / 1971 Coll. ("the Act ') provides:
INTRODUCTORY PROVISIONS
Subject matter and scope of the adjustment
(1) This Decree regulates supplies
(a) textile and cosmetic products,
(b) articles of leather;
(c) articles of glass, ceramics and porcelain;
(d) products of wood-working disciplines.
(2) The Decree does not apply to deliveries for and from imports.
GENERAL PROVISIONS
Supply preparation contract
(to Section 116 of the Act)
(1) The contract for the preparation of supplies creates conditions for stabilising economic relations, improving planning and reducing delivery times.
(2) The contract on the preparation of supplies is concluded for at least one calendar year. The draft contract shall, as a general rule, be submitted by the customer, no later than one month after the submission of the protocol for the discussion of the supply and customer relations. 1) If the protocol is not drawn up, the buyer shall submit a draft contract for the preparation of deliveries for a period of one year at the latest by 31 August of the year preceding the calendar year in which the deliveries are to be made.
(3) The contractor shall be bound by the draft contract for the preparation of supplies for a period of one month from the date of dispatch of the application, unless it provides for a longer period of time or any other time limit is agreed.
(4) The contract for the preparation of supplies must contain an undertaking by one or both organisations to conclude a future contract (future contracts) within a specified period and for the expected extent of performance within a specified period of time. The expected level of performance in terms of the volume of future deliveries shall be determined in the planning units and in the agreed group and, where appropriate, in the generic breakdown. Instead of the time for concluding a future contract (future contracts), organisations may agree on the time for submitting a proposal for a future contract (proposals for future contracts). If the organisation does not agree on any period of time, the future contract (future contracts) will be concluded or the draft contract (draft contracts) will be submitted within the time limits laid down in this decree (Sections 11, 20, 21, 22, 29, 36, 43 and 46 (2)).
(5) Where the supplier accepts the supplier's proposal for a contract for the preparation of supplies for a smaller quantity or only for certain product types, the contract for the preparation of supplies shall be concluded for a confirmed quantity or product types, unless this is excluded by the draft contract or the nature of the products.
Conclusion of contracts for the supply of products
(k § 152 of the Act)
(1) A contract for the supply of products is concluded within the time limits set out in Part Three, unless otherwise specified in the contract for the preparation of supplies.
(2) In order to eliminate discrepancies in the conclusion of supply contracts and to speed up their conclusion, suppliers may, in agreement with customers, organise joint personal negotiations to which all customers are invited. The meeting is subject to the requirements set out in the proposals for contracts (orders) or, where appropriate, requests. Organisations shall be required to prepare all the necessary supporting documents so as to ensure that delivery contracts are concluded as far as possible in this joint personal meeting. In the cases referred to in Part Three, draft contracts (orders) may be submitted at a joint personal meeting. The procedure for the conclusion of contracts in a joint personal meeting shall be governed by the contractual rules agreed between the supplier and customer undertakings, the companies, the Trustee and the Association of Production and Consumption Cooperatives and, where appropriate, their regional authorities ("the Supplier's Directorate-General and the Buyer's Directorate-General ').
Prepayment
(to Section 129 of the Act)
The supplier shall be entitled, on the last consignment of delivered goods, to dispatch the necessary part of the products to be delivered under the contract within the following delivery period to be loaded.
Derogation in quantity
(to Section 175 of the Act)
The quantities of products set out in the appeal may deviate from the quantities laid down in the contract by ± 5%. The quantities delivered may deviate from the quantity laid down in the contract by ± 5%.
Internal packaging
(to Section 178 of the Act)
If the method of adjustment or internal packaging is not modified in the technical standard or price list, the organisation shall establish it by agreement.
Sending documents
Supplier is obliged
(a) to issue a delivery note bearing the same mark for each transport package; where in one consignment all delivery notes are placed in a single container, this packaging shall be visibly marked;
(b) to attach a copy of the delivery note to the transport documents in the case of railway and road transport consignments.
Collection and catalogues
(1) In particular, collections and catalogues are the basis for concluding contracts. The manner in which they are drawn up, approved, supplemented and used shall be governed by the collection rules agreed between the Director-General of the Supplier and the Director-General of the Buyer.
(2) Paragraph 1 shall not apply to production cooperatives and local economic organisations as suppliers.
Samples
(to Article 181 of the Law)
In the cases referred to in Part Three, the supplier shall send samples to the customer which are one of the supporting documents for assessing the quality of the delivered supply (hereinafter referred to as reference samples).
SPECIAL PROVISIONS
Textile and prefabricated products
The provisions of this Section shall apply to the supply of textile and prefabricated products according to the uniform classification of industrial disciplines and products2), with the exception of leather garments and their imitation (§ 19).
Conclusion of contracts for the supply of products
(to § 152-154 of the Act)
(1) The contractor submits a draft contract (order) to the supplier before the beginning of the quarter in which the deliveries are to be made:
| – hedvábnické kravaty a motýlky | 5 měsíců, |
| – vlnařské tkaniny a netkaný textil; vigoňové tkaniny a netkaný textil; vlnařské úplety; vlnařské technické výrobky | 41/2 měsíce, |
| – vlnařské a vigoňové příze; textilní odpady a výrobky z textilních odpadů; bavlnářské, hedvábnické a lnářské tkaniny a netkaný textil; bavlnářské, hedvábnické a lnářské kusové výrobky; vata a obvazové výrobky; lnářské technické a konfekční výrobky; pletařské úplety, pletené ošacení; pletené oděvy; pletené prádlo; drobné pletené výrobky; punčochové výrobky | 31/2 měsíce, |
| – bavlnářské, hedvábnické, lnářské, jutařské a konopářské nitě; tkaniny pro úpravny a tiskárny; jutařské tkaniny a netkaný textil; jutařské kusové výrobky; provaznické výrobky | 3 měsíce, |
| – ručně pletací příze; vlnařské a vigoňové kusové výrobky; kloboučnické polotovary a výrobky; bytové textilie; tyly, krajky a výšivky; stuhy a prýmky; síťované výrobky | 21/2 měsíce, |
| – bavlnářské, hedvábnické, lnářské, jutařské a konopářské příze, osobní a ložní prádlo z tkanin; oděvy z tkanin a netkaného textilu; oděvy z plastů (s výjimkou imitací usní); drobné módní zboží; konfekční zapínadla; deštníky, slunečníky a sluníky | 2 měsíce, |
| – ostatní textilní a konfekční výrobky podle vymezení uvedeného v § 10 | 2 měsíce. |
(2) The collector shall be bound by a contract (order) for one month from the expiry of the time limit for the submission of the contract or, if the application has been submitted late, for one month from the dispatch of the application, unless he himself provides for a longer time limit or another time limit is agreed.
(3) Where it is agreed between the organisations or in the contractual arrangements that contracts are concluded in a joint personal negotiation (Paragraph 3 (2)), the buyers shall submit draft contracts. If a personal hearing is reached after the deadline for the submission of a draft contract, the draft contracts submitted at the hearing shall be submitted in due time. If, exceptionally, the contract has not been concluded during this negotiation, the supplier shall be obliged to comment on the draft contract (order) no later than 20 days after the date following the conclusion of the personal meeting.
(4) In the case of woven fabrics and products dyed in the piece, colours are not agreed in the contract. The determination of colours shall be carried out by the customer by a unilateral order to the supplier not later than 6 weeks before the beginning of the quarter in which the deliveries are to be made.
(5) Supply contracts for the Federal Ministry of National Defence or for its subordinate organisations are concluded for a whole year. Proposals for such contracts shall be submitted by customers not later than 3 months before the start of the first quarter.
Quality
(k § 172 of the Act)
(1) The contract shall specify the relative quantities of products in the individual elections (quality classes), products of a quality not corresponding to those provided for by the elections (quality classes) and meters of residues. The indicative basis for determining that ratio within the agreed quantity of products is the choice (quality) ratio notified by the supplier's Directorate-General to the Buyer's Directorate-General.
(2) Compliance with the ratio of the quantities of each product determined in accordance with paragraph 1 in the deliveries made shall be monitored on a quarterly basis. If the quantity of products of lower choice (quality class), non-compliant products (quality classes) and scrubbers is exceeded, the supplier shall pay a periodic penalty payment of 5% of the price of the highest choice (quality class) of the products delivered in addition in the lower choice (quality class) or in the quality not corresponding to the choice (quality classes) or as a metre residue.
(3) Paragraph 1 shall not apply:
(a) supplies for the Federal Ministry of National Defence, the Federal Ministry of Interior, the Ministry of Interior of the Czech Republic and the Ministry of Interior of the SSR, or for their subordinate organisations, with the exception of work clothes, linen and products of the knitting industry, where the share of supplies in the 1st and 2nd choice (quality class) will be agreed between the customer and the Director-General of the Supplier or Supplier, as appropriate;
(b) supplies of protective clothing and accessories.
Expedition method
For all types of goods, unless otherwise specified by the technical standard, the supplier shall indicate the beginning and end of the piece. If a piece of two or three parts is folded, the beginning and end of each part shall be marked. This provision does not apply to ribbons, braids and narrow lace products.
Samples
(to Article 181 of the Law)
(1) Where a sample is the basis for the conclusion of the contract, the reference samples sent by the supplier shall correspond to that sample; for supplies for the organisation of internal trade, a sample of the product included in the collection.
(2) In the case of products of the cotton, silk, wool and flax industry, the supplier shall send to the customer the reference samples in one copy for each type, model and colour of products delivered during the year in the size of 10x15 cm, no later than 10 days before the first consignment is made, to the places where the customer collects and checks the products. These samples shall not be paid. For unit products, the supplier shall send the customer as a reference sample one or an agreed number of pieces as part of the delivery. For cotton wool and bandages, samples shall be sent according to the agreement.
(3) In the case of products of the plaiting, clothing and linen industry, the supplier shall send to the customer, as part of the supply, a specially marked reference sample no later than 10 days before the first consignment takes place, to the places where the customer collects and checks the products. A separate item is given in the delivery invoice for the reference sample.
(4) Reference samples shall not be sent where the customer has a collection or a catalogue of the products under which quality can be assessed or where reference samples from previous deliveries are available. For products dyed in solid form, reference samples shall not be sent if, before delivery, the supplier has sent the customer to the places where the customer collects and checks the products, the standard colour treatment according to which the quality can be assessed. If the customer still requests the sending of reference samples, he shall pay them.
(5) The samples and collections included in the supply are counted against the quantities laid down in the contract.
Specific provisions on the supply of certain textile and cosmetic products
In order to use special vehicles for the transport of clothing on straps, the supplier is entitled to complete the supply of clothing on straps 3 working days before the start of the delivery period; If, on the contrary, the products are delivered within 3 working days of the end of the delivery period, that period shall not be deemed to exceed the agreed time of execution for the purposes of property sanctions.
In the case of knitted upper garments from yarns of wavy character, compliance with agreed colours and sizes is monitored quarterly.
Specific provisions for the supply of industrial textile waste
(1) Industrial textile waste means the further processing waste of the nature of fibres, yarn and staple fibres of all types of textile fibre raw materials (except waste containing mineral and metal fibres) resulting from the manufacture and processing of textiles in the textile, cosmetic, leather and chemical sectors.
(2) Organisations for which industrial textile waste is present are required to collect and offer it for buyout in accordance with the Specific Regulations (3) entrusted to the organisation, (4) unless they process it themselves.
(1) A draft contract for the supply and collection of industrial textile waste shall be submitted by the supplier to the customer within 50 days of the beginning of the quarter in which the supplies are to be made.
(2) The supplier shall be bound by the draft contract for a period of 20 days from the date of dispatch of the application, unless he himself provides for a longer period, or unless another period is agreed.
(3) Paragraph 153 (2) (a) of the Law applies mutatis mutandis to the creation of a contract.
Leather products
The provisions of this Section shall apply to deliveries:
- fur products,
- technical articles of leather and plastics,
- saddlery and luggage products,
- haberdashery products of leather and other materials,
- footwear,
- footwear,
- raw hides and skins,
- fur articles made of fur skins and imitation furskins,
- leather and imitation garments,
2)
Conclusion of contracts for the supply of products
(to § 152-154 of the Act)
(1) The contractor submits a draft contract (order) to the supplier before the beginning of the quarter in which the deliveries are to be made:
| – technické výrobky z usní a z plastů, sedlářské a brašnářské výrobky s výjimkou tlumoků a chlebníků, rukavičkářské usně a koželužský odpad | 21/2 měsíce, |
| – surové kůže | 11/2 měsíce. |
(2) The contractor is bound by a contract (order) for a period of one month from the expiry of the time limit for the submission of the draft contract or, if the application has been submitted late, for a period of one month from the dispatch of the proposal, unless it itself provides for a longer time limit or another time limit is agreed.
(1) The supplier shall submit a draft contract (order) to the supplier within a period of 21 / 2 of the month before the beginning of the quarter in which the supplies are to be made for the supply of palantic leather and other materials, interpreters, sandwiches and sports products.
(2) Joint personal negotiations to clarify and eliminate the discrepancies arising from the conclusion of contracts for the supply of the products referred to in paragraph 1 shall be carried out in such a way as to end not later than 45 days before the beginning of the quarter in which the supplies are to be made. Contracts for the supply of these products shall be concluded at the hearing.
(1) For the following products, the customer submits to the supplier a demand within the following time limits before the beginning of the quarter in which supplies are to be made:
| – usně, obuv z textilních a ostatních materiálů, oděvy z usní a jejich imitací, kožišiny a kožišnické výrobky z kožišin a z jejich imitací | 3 měsíce, |
| – obuvnické materiály | 21/2 měsíce, |
| – obuv plastová, usňová, pryžová, poromerová | 70 dnů. |
(2) Demand for leather, footwear, footwear, footwear, leather clothing and their imitations, fur coats and fur articles, and their imitations, is to be discussed in a joint personal hearing (Section 3 (2)), which must end no later than 45 days before the beginning of the quarter in which supplies are to be made. On the basis of the results of the negotiations, the draft contract shall:
- for leather and footwear
the supplier within 10 days of the conclusion of the joint personal action; the customer is obliged to comment on the draft contract (order) within 10 days of its receipt,
- for footwear
the customer within 10 days of the conclusion of the joint personal conduct; the supplier is obliged to comment on the draft contract (order) within 10 days of its receipt,
- in the case of leather garments and their imitations, fur coats and fur articles, of fur coats and of their imitations, by a customer in a joint personal hearing; the supplier is obliged to comment on the draft contract within 30 days of the conclusion of the joint personal hearing.
(3) In cases where, pursuant to paragraph 2, a supplier submits a draft contract, Paragraph 153 (2) (a) of the Act shall apply mutatis mutandis to the creation of the contract.
Appeals
(k § 188 of the Act)
If the organisation in the contract for the supply of footwear agrees on the submission of appeals, the customer is obliged to submit to the supplier an appeal specifying the colour and size range
(a) for the first decade of the month no later than 35 days before the beginning of the month in which deliveries are to be made;
(b) for the second decade of the month no later than 35 days before the beginning of the second decade,
(c) for the third decade of the month no later than 35 days before the beginning of the third decade.
Quality
(k § 172 of the Act)
(1) The contract shall specify the relative quantities of products in each election (quality classes).
(2) In the case of leather and fur articles, the basis for negotiating the quality of the products is a collection of models approved by the customer and the supplier. The collection remains in the management (ownership) of the supplier to which it is stored. Derogations may be agreed for supplies to the Federal Ministry of National Defence, the Federal Ministry of Interior, the Ministry of Interior of the Czech Republic and the Ministry of Interior of the SSR or their subordinate organisations.
(3) Compliance with the fixed proportion of products in each election (quality classes) is monitored on a quarterly basis. If the quantity of products delivered in the lower choice (quality class) is exceeded, the supplier shall pay a periodic penalty payment of 5% of the price of the highest choice (quality class) of products delivered in addition to the lower choice (quality class).
Minimum dispatch quantity
(to Section 176 of the Act)
Unless otherwise specified in the pricing or technical standard, the minimum dispatch quantity from one supplier's plant for one consignment per consignee shall be one unit of vehicle or, where applicable, one container.
Samples
(to Article 181 of the Law)
(1) In the case of leather garments, the supplier shall send to the customer, as part of the delivery, at the latest with the first consignment, one reference sample of the finished product from each type of leather and model in all quality groups of leather from which the products are made in the relevant delivery.
(2) In the case of the supply of fur products, the supplier shall send to the customer, as part of the supply, at the latest with the first consignment to assess the quality of the finished product, one reference sample of the finished product from each type of fur and model. In order to assess the quality of the fur from which the fur products are made and for the supply of fur, the supplier shall send to the customer reference samples of fur in all quality groups; These reference samples shall be valid.
(3) In the case of supplies of other products, the supplier shall send to the customer the reference samples according to the approved collection in one copy for each species (model) delivered during the year and at the same time shall send the customer a technical description. Reference samples, even if not included in the supply, shall be paid.
(4) The reference samples included in the supply are to be counted against the quantities laid down in the contract.
(5) Reference samples shall not be sent if the customer has a catalogue or other supporting document under which the quality can be assessed. This provision does not apply to footwear and galvanised leather products and other materials supplied for the organisation of internal trade.
(6) The reference samples of footwear intended for active sport performance sent by the supplier to the customer must be approved by the competent central body of the gym.
(7) For supplies to the Federal Ministry of National Defence, the Federal Ministry of Interior, the Ministry of Interior of the Czech Republic and the Ministry of Interior of the SSR, or to their subordinate organisations, a derogation may be agreed from the provisions of paragraphs 1 and 2.
(8) The time limits for production, submission and approval of samples are laid down in the rules of collection agreed between the suppliers' Directorates-General and the Buyers' Directorates-General.
Delivery period
(k § 187 of the Act)
For raw hides sorted, the delivery period shall be agreed to the quarter.
Articles of glass, ceramics and porcelain
The provisions of this Section shall apply to supplies of products of glass, ceramics and porcelain (2) with the exception of technical ceramics and pottery products.
Conclusion of contracts for the supply of products
(to § 152-154 of the Act)
(1) The contractor submits a draft contract (order) to the supplier before the beginning of the quarter in which the deliveries are to be made:
| – aparatury průmyslové foukané hutní kompletní | 9 měsíců, |
| – sklo varné vyráběné automaticky včetně doplňků | 6 měsíců, |
| – výrobky ze skloviny Simax, kompletované jinými materiály; teploměry, hustoměry a jiné měřicí pomůcky | 51/2 měsíce, |
| – sklářské pánve a jejich doplňky | 5 měsíců, |
| – optické sklo speciální | 4 měsíce, |
| – svítidla společenská; nové sklo foukačské, výrobky podle nákresu | 31/2 měsíce, |
| – ověřené odměrné sklo; optické sklo v jakosti podle platných technických norem, popřípadě materiálových listů | 3 měsíce, |
| – obalové sklo | 21/2 měsíce, |
| – lisované sklo, čedičová vata, skleněná vata a výrobky z nich, trubice, tyčinky a kapiláry; křemičitan sodný pevný, skelná krupice | 11/2 měsíce, |
| – ostatní výrobky podle vymezení uvedeného v § 28 | 2 měsíce. |
(2) The time-limits referred to in paragraph 1 shall not apply to supplies of products which have not yet been produced and the production of which the supplier (s) must obtain new production aids (forms, tools, ramps, etc.).
(3) The collector is bound by a draft contract (order) for a period of one month from the expiry of the time limit for the submission of the draft contract, or, if the application has been submitted late, for a period of one month from the dispatch of the application, unless it itself provides for a longer time limit or another time limit has been agreed.
(4) Joint personal negotiations to clarify and eliminate the discrepancies arising from the conclusion of contracts for the supply of products (Paragraph 3 (2)) shall be carried out no later than 40 days after the deadline for the submission of draft contracts (orders).
Quality
(k § 172 of the Act)
(1) The contract shall specify the relative quantities of products in each election (quality classes).
(2) Compliance with the fixed product ratio in each election (quality classes) is monitored on a quarterly basis. If the quantity of products delivered in the lower choice (quality class) is exceeded, the supplier shall pay a periodic penalty payment of 5% of the price of the highest choice (quality class) of products delivered in addition to the lower choice (quality class).
Minimum dispatch quantity
(to Section 176 of the Act)
(1) Unless otherwise specified in the price list, technical standard or contract, the minimum dispatch quantity from one supplier's plant for one consignment per consignee shall be one unit.
(2) Organisations may agree (while maintaining the conditions for minimum dispatch quantities and the completeness of the consignment) one destination in the region, if this results in better utilisation of means of transport and reduced transport costs.
Lom
The supplier shall not be liable for the quarry produced during transport if for one consignment its depreciation does not exceed 1 / 2% of the price of the consignment.
Samples
(to Article 181 of the Law)
The reference samples and the collections included in the supply shall be counted against the quantity laid down in the contract.
Contents
ČÁST PRVNÍ
§ 1
ČÁST DRUHÁ
§ 2
§ 3
§ 4
§ 5
§ 6
§ 7
§ 8
§ 9
ČÁST TŘETÍ
Oddíl první
§ 10
§ 11
§ 12
§ 13
§ 14
§ 15
§ 16
§ 17
§ 18
Oddíl druhý
§ 19
§ 20
§ 21
§ 22
§ 23
§ 24
§ 25
§ 26
§ 27
Oddíl třetí
§ 28
§ 29
§ 30
§ 31
§ 32
§ 33
§ 34
Oddíl čtvrtý
§ 35
§ 36
§ 37
§ 38
§ 39
§ 40
§ 41
Oddíl pátý
§ 42
§ 43
§ 44
§ 45
§ 46
§ 47
ČÁST ČTVRTÁ
§ 48
§ 49
§ 50
§ 51
§ 52
§ 53
§ 54
§ 55
§ 56
§ 57
§ 58
§ 59
ČÁST PÁTÁ
§ 60
§ 61
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Regulation Information
| Citation | Decree of the State Arbitration of the Czechoslovak Socialist Republic No. 45 / 1978 Coll., which issues the basic terms of supply of consumer products |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 03.05.1978 |
|---|---|
| Effective from | 01.07.1978 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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