Decree of the Federal Statistical Office No. 49 / 1985 Coll.
Decree of the Federal Statistical Office on the basic conditions of supply of works and services in the field of automated data processing
Valid
Effective from 01.08.1985
49
DECLARATION
Federal Statistical Office
of 5 June 1985
on basic conditions for the supply of works and services in the field of automatic data-processing
The Federal Statistical Office shall establish, in agreement with the participating central authorities and the State Arbitration of the Czechoslovak Socialist Republic pursuant to Article 392 (1) 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
Subject matter
(1) This Decree regulates economic commitments
(a) to carry out work related to the development of project documents1) automated systems (2) and its provision to other users (hereinafter referred to as project documentation);
(b) to carry out work and services related to automated data processing, 3)
(c) to provide data from the data base (4) of the supplier (hereinafter referred to as "the provision of output data");
(d) to provide the possibility of using the supplier's computer system for automated processing of data by the customer at the agreed time (hereinafter referred to as "the provision of machine time").
(2) The Decree does not regulate the relations with which the work is carried out
(a) according to the rules on the security of scientific and technological development, 5)
(b) as part of the supply of computer systems;
(c) as part of the supply of project work carried out under construction documentation regulations. 6)
ECONOMIC LIABILITIES FOR PROJECT DOCUMENTATION
Liability for defects
(1) A collector who has been defaulted has the right to apply for an appropriate discount if he / she goes for a defective supply which he / she retains without repair, or:
(a) if the defect is obtainable, require free removal of the defect or reimbursement of the costs of its removal;
(b) if a defect for which the project documentation cannot be used at all, either require a new impeccable performance or, if this is not possible, require the cancellation of the contract.
(2) At the request of the customer, the supplier is obliged to remove the defects of the supply without undue delay, even if he does not accept that he is responsible for them. Until the decision on the complaint is taken, the costs of removing defects are borne by the supplier.
(3) The supplier is not responsible for defects caused by deficiencies in the documents submitted by the customer; However, this does not apply if the supplier knew or had to know about these deficiencies. However, the supplier is obliged to remove such defects at the customer's request for consideration.
(1) The guarantee period is 3 years after delivery.
(2) The supplier shall notify the customer, no later than 15 days after receipt of the complaint, whether he recognises the complaint and what period he proposes to remove the defects or for what reasons he refuses to recognise the complaint.
ECONOMIC LIABILITIES FOR AUTOMATISTED DATA PROCESSING
Liability for defects
(1) The supplier is responsible for making the processing in accordance with the project documentation.
(2) The supplier is not responsible for defects caused by defective data media or, where appropriate, by defective input data provided by the customer and for defects resulting from deficiencies in the project documentation transmitted to him by the customer. This does not apply if the supplier knew or had to know about these deficiencies.
(1) The guarantee period for processing results, if the organisation fails to assess the deadline, is 20 days from delivery.
(2) The collector is obliged to complain to the supplier without undue delay after their detection. The complaint must be accompanied by a specification of defects and, as the case may be, defective processing results and, where appropriate, carriers with input data returned by the supplier.
(3) If defects in the processing results are identified by the supplier after delivery, the customer shall be obliged to notify it without undue delay.
(1) The supplier is obliged to inform the customer, no later than 10 days after receipt of the complaint, whether he recognises the complaint and what period he proposes to remove defects or for what reasons he refuses to recognise the complaint.
(2) The results of the processing and the data carrier connected to the complaint are to be returned by the supplier to the customer without undue delay after processing the complaint.
A collector who has been defaulted shall have the right to apply for a reasonable discount if he / she is seeking a defective supply which he / she retains without repair, or:
(a) if the defect is obtainable, require free removal of the defect or reimbursement of the costs of its removal;
(b) if the defect is unremovable, either demand a new impeccable performance or, if not possible, cancel the contract. The cancellation of the contract may also be requested by the customer if the correction or re-processing of the data would take so long that the results of the processing would lose technical or economic significance for the customer.
If there is a danger of delay, the supplier shall, at the request of the customer, ensure that the defects are remedied or that the new performance is impeccable no later than 24 hours after the supplier's complaint has been received unless the organisation has agreed on a longer deadline. This obligation is for the supplier even if he does not accept that he is responsible for the defects. The costs are borne by the supplier until the decision on the complaint.
Compliance with supply, liability for defects and property penalties
The provisions of paragraphs 26 and 27 (supply fulfilment), paragraphs 31 to 34 (liability for defects) and 35 and 36 (property penalties) apply mutatis mutandis.
Conditions of performance
(1) The supplier is obliged to inform the customer of the operating conditions and the customer is obliged to comply with them.
(2) The supplier shall keep a record of the data processing process, which the customer is obliged to confirm after the processing is completed.
(3) Unless otherwise agreed in the contract, the supplier shall be obliged to allow the customer to complete the processing of the data after the agreed time has elapsed, up to a maximum of 5% of its agreed length.
Final provisions
Decree No. 80 / 1973 Coll., which issues the basic conditions of supply of works and computer services, is hereby repealed.
The Decree shall take effect on 1 August 1985.
Chairman:
Ing. Mika v. r.
1) Project documentation (document file and software) serves as document material for approval control, taking over automated systems into use and for the operation and development of automated systems. The content and structure of the project documentation shall be governed by the guidelines of the State Commission for Scientific, Technical and Investment Development.
2) Automated systems are automated control systems including automated information systems.
3) Automated data processing means comprehensive data processing using computer systems from receipt of input materials, acquisition of data, or receipt of data by remote transmission to processing, adjustment and distribution of results to customers according to the prescribed documentation; Part of automated data processing is also technical and operator operation of computer systems.
4) Data base means data sets of the relevant application area stored on technical media.
5) § 332c-332g of the Act. Decree of the Federal Ministry of Technical and Investment Development No 181 / 1982 Coll., on the basic conditions of delivery to ensure scientific and technological development.
6) Decree of the Federal Ministry of Technical and Investment Development No. 105 / 1981 Coll., on documentation of buildings.
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Regulation Information
| Citation | Decree of the Federal Statistical Office No. 49 / 1985 Coll., on the basic conditions of supply of works and services in the field of automatic data processing |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 14.06.1985 |
|---|---|
| Effective from | 01.08.1985 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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