Decree of the State Committee for Construction No. 53 / 1960 Coll.
Ordonnance on conditions for the use of non-operational machinery and equipment in the design of new structures
Valid
Effective from 01.05.1960
53
DECLARATION
State Building Committee
of 23 April 1960
on conditions for the use of non-operational machinery and equipment in the design of new structures
The State Construction Committee shall, in agreement with the State Planning Commission, the State Committee on Technology Development and the Ministry of Finance pursuant to Article 3 (2) of Decree-Law No 1 / 1956 Coll., on the establishment of the State Construction Committee and on the implementation of the Government Resolution of 3 July 1959 No 565:
Preliminary provisions
In order to be able to use technological equipment according to the latest knowledge and state of the art for newly built buildings, the design documentation of the buildings may also be used in the operational untested machinery and equipment under the conditions laid down in this decree. The use of operationally untested machinery and equipment in construction projects is guided by the benefit to the national economy, designed to ensure the most progressive and cost-effective solution with regard to the world technical level during the period of permanent operation without undue delay in the implementation of the construction.
Definition
1. Operating untested machinery and equipment means basic units or operating units (where applicable, operating sets or plant) which are included in technical development plans (state, department, business) which are the result of technical development works and have not been tested in future technological conditions, as well as unique machines and equipment, whether or not they are included in the technical development plan if they have to be tested in an operational manner ("prototype machines').
Scope of application
2. The use of prototype machines in construction projects is decided by the investor, during the preparatory documentation period in agreement with the solver (with the manufacturer) of the prototype machine, during the project documentation period also in agreement with the general designer and the relevant general (direct final) supplier.
3. Prototype machines can only be used in construction projects if the supplier (research institute) provides project documentation to the extent necessary for the procurement project.
4. The provisions of points 73 to 81 of Decree No 152 / 1959 of the Ú. l, on documentation of buildings apply mutatis mutandis to the provision of project documentation, but it is permitted that the supplier (research institute) changes the technical data on prototype machines according to the results of scientific research or development work without thereby aggravating the resulting economic effect.
Price of prototype machine
5. The price of the prototype machine for the design of the sales price limit is proposed by the supplier (research institute) in agreement with the general designer and investor at the level of the wholesale prices of comparable products pursuant to Decree No 187 / 1959 Ú. l., on the methodology of pricing (exceptionally according to the provisions of § 70 (2) of the Decree).
6. The difference between the actual cost of prototype machines, including the cost of testing, and their changes and adjustments resulting from the test results, against the price determined in accordance with point 5, shall be borne by the supplier (research institute) of technical development funds, except for unique machinery and equipment not included in the technical development plans of the supplier (research institute) for which the provisions of point 7 apply.
7. Unique machines and equipment, if the supplier (manufacturer) does not foresee or foresee their production, shall be paid according to the provisions of Section 33 (4) of Decree No. 196 / 1959 Ú. l., to increase material interest in the development and introduction of new technology.
Amendments
8. Economic contracts concluded between an investor and its suppliers shall indicate as their essential requirement the obligation to carry out:
(a) changes in the procurement (one-stage) project necessary as a result of changes in the project material of prototype machines (point 4), to be carried out by the general designer;
(b) changes in the implementation projects necessary as a result of changes in their project documentation made by suppliers of prototype machines after consultation with the general designer (or, where applicable, the general designer, if he exceptionally draws up the implementation projects - exc. No 152 / 1959 Ú. l. point 12);
(c) changes to other works or supplies required as a result of changes to prototype machines resulting from their testing by suppliers of relevant works and supplies.
9. The cost of the changes shall be borne by:
- the investor, if any, of the changes referred to in point 8 (a), from means for research and project work,
- the investor, if any, of the amount of unforeseen work and expenditure, if any of the changes referred to in point 8 (c),
- the supplier (research institute), if any, from technical development appropriations.
Supplies of prototype machinery
10. Economic contracts shall be concluded for the supply of prototype machinery in accordance with specific regulations. *)
Testing of prototype machines * *)
11. If it is not possible or useful to test prototype machines in a development or research site within a time limit enabling them to be used for the construction which is the subject of investment construction, the test shall be carried out directly at the construction site. The performance of the sub-tests of prototype machines during development and exploratory work shall be carried out by the supplier (research institute) at the development (research) workplace to the greatest possible extent, in particular if the tests are to verify the critical parameters of the prototype machines.
12. The collector provides the supplier (research institute) with the necessary conditions and assistance to the extent agreed in the contract.
Transitional and final provisions
13. This decree shall apply mutatis mutandis to subcontractors (research institutes) of all degrees in relation to the supplier (research institute) which is in contractual relationship with the customer, provided that their partial deliveries are prototype machines within the meaning of point 1.
14. This decree shall take effect from 1 May 1960 and shall apply to works for which the project documentation shall be prepared after 30 April 1960. The Parties may agree that the provisions of this Order shall be applied to the buildings built up or to the buildings for which the documentation was prepared before 1 May 1960.
First Deputy Prime Minister:
Inž. arch. Voženílek v. r.
*) Decree No. 147 / 1959 Ú. l., on the supply of investment units or parts thereof and Decree No. 225 / 1959 Ú. l., on the conclusion of economic contracts on the new technology section.
* *) The provisions of Government Decree No. 8 / 1956 Coll., related to the introduction of buildings or their operationally integrated parts into permanent operation (use) are not affected by this.
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Regulation Information
| Citation | Decree of the State Committee on Construction No. 53 / 1960 Coll., on the conditions for the use of untested machinery and equipment in the design of new buildings |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 30.04.1960 |
|---|---|
| Effective from | 01.05.1960 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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