Decree No. 57 / 1972 Coll.
Ordinance of the Federal Ministry of Steel and Engineering amending and supplementing the Ordinance of the Ministries of General Engineering and Heavy Engineering No. 135 / 1964 Coll., on the issue of the basic terms of supply of engineering products
Valid
Effective from 01.10.1972
57
DECLARATION
Federal Ministry of Metal and Engineering
of 12 July 1972
amending and supplementing Decree No. 135 / 1964 of the Ministries of General Engineering and Heavy Engineering Coll., on the issue of basic conditions for the supply of engineering products
In agreement with the participating ministries pursuant to § 392 (1) of the Code No. 109 / 1964 Coll., as amended by Act No. 138 / 1970 Coll.:
The Decree of the Ministries of General Engineering and Heavy Engineering No. 135 / 1964 Coll., which issues the basic conditions for the supply of engineering products, is amended as follows:
1. the following Part Five is inserted after Section 34:
SUPPORT FOR INTERNAL TRADE ORGANISATIONS AND CONSUMPTION
The previous provisions of the Decree shall apply to supplies to internal trade organisations and consumer cooperatives, unless otherwise provided for in this Part.
In order to enhance cooperation between production and trade organisations, to better meet the needs of the internal market, to ensure the production of consumer goods in advance and with a multi-annual perspective and to create production conditions and, where appropriate, to prepare projects for the investment construction and modernisation of production facilities, production and trade organisations shall also conclude other agreements (agreements) on other forms of cooperation, in particular:
- contracts (agreements) for cooperation on supply security for the internal market;
- supply agreements for selected product types;
- contracts for the preparation of supplies.
Contracts (agreements) on cooperation in supply security for the internal market
(1) The Agreement on cooperation in the provision of supplies for the internal market is concluded by the Directorate-General for Trade and Industry, or by associations of consumer cooperatives, for a period of at least one year.
(2) With the agreement of the superior authorities, cooperation agreements for the provision of supplies to the internal market may also be concluded by supplier and customer organisations (enterprises).
(3) The Treaty is concluded on a proposal from one of the participating organisations and its content is binding on subordinate organisations.
(4) Any discrepancies concerning the conclusion, scope and content of the contract are addressed by the superior authorities.
(5) The Treaty contains in particular:
- the system, forms and methods for examining consumer demand so that they can serve as a basis for the long-term development of production and sales, for drawing up national and economic plans for the development of the national economy and for ensuring the supply of products;
- arrangements for the establishment of the guarantee conditions, the way in which the guarantee repairs are carried out and their evaluation;
- promotion and advertising arrangements, catalogues, etc.;
- quality, packaging and labelling arrangements;
- the contractual arrangements, in particular the organisation, course and procedure for concluding delivery contracts;
- the agreement that, if the contractual negotiations do not end with the conclusion of a delivery contract, the participating organisations shall conclude the contract no later than 30 days after the conclusion of the contract under agreed property sanctions.
Delivery Agreement for selected product types
(1) The agreement covers products urgently required in the internal market (insufficient) or satisfying a wider range of consumers. These products shall be determined by the Directorate-General and trade-related undertakings or, where appropriate, by the Ministry of Trade of the two Republics, in agreement with the Federal Ministry of Steel and Engineering.
(2) The Agreement on the supply of selected product types is concluded between the Directorate-General and trade and consumer cooperatives.
(3) The agreements shall specify in particular the volume of product types selected and the property penalties in the event of non-conclusion of economic contracts.
(4) The Agreement is concluded on a proposal from one of the participating organisations and its content is binding on subordinate organisations to the extent specified by the superior body. To this extent, subordinate organisations are also obliged to conclude economic contracts (supply preparation or supply contract).
(5) With the agreement of the superior authorities, supply organisations and customer organisations (enterprises) may conclude supply agreements for selected product types.
(6) Any discrepancies with regard to the conclusion, scope and content of the agreement are addressed by the superior authorities.
Supply preparation contract
(1) The contract for the preparation of supplies is concluded by the supplier and the customer for at least one year, unless the contract is concluded by a superior authority.
(2) Products agreed by a superior Directorate-General and trade and consumer cooperatives shall be subject to the conclusion of a supply preparation contract by suppliers and customers no later than 30 days after receipt of the agreement by the authorities concerned on a proposal from one of the participating organisations. In this Treaty, they shall negotiate the quantity and / or the financial volume and breakdown of supplies in the nomenclature agreed by the superior authorities and undertake to conclude the relevant supply contracts.
(3) If one of the participating organisations does not conclude a contract for the supply of products for the relevant contractual period of a specified amount, it shall pay the other organisation a property penalty of 5% of the price of products for which the contract for the supply of the products has not been concluded, unless the organisation has agreed otherwise. This is without prejudice to the organisation's obligation to conclude a contract for a specified volume of supplies.
Specific provisions
(1) The supplier is obliged, if the customer so requests, to conclude a delivery contract in at least as much quantity and in such a product mix as he supplied in the previous year, unless otherwise specified by the schedule of the central authority of the superior supplier.
(2) The supplier is obliged to conclude an economic contract for the supply of spare parts for the products produced by it, in appropriate quantities and assortment, for the period of the agreed lifetime of the products.
(3) If the customer provides a legitimate claim to the consumer, the supplier shall, if responsible for the defect, be obliged to recognise the claim to the same extent.
(4) Fixed products which have been used by the consumer for a long time and returned for defects must not be supplied as new products.
(5) The supplier shall cooperate with the customer to draw up documentation for the negotiation of the proposal for the implementation of the statistical acceptance of products and to comment on the proposal for its implementation. ';
2. The fifth part of Part Five of the Common and Final Provisions in the title shall be converted into Part Six.
3. In Paragraph 18 (1), the second sentence is deleted.
This decree shall take effect on 1 October 1972.
Minister:
Ing. Shimon v. r.
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Regulation Information
| Citation | Decree No. 57 / 1972 Coll., amending and supplementing the Ordinance of the Ministries of General Engineering and Heavy Engineering No. 135 / 1964 Coll., which issues the basic conditions for the supply of engineering products |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 18.08.1972 |
|---|---|
| Effective from | 01.10.1972 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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