Decree No 6 / 1976 Coll.
Decree of the Minister for Foreign Affairs on amendments and additions to the General Terms and Conditions for the Supply of Goods between Member States' Organisations of the Mutual Economic Assistance Council (VDP RVHP 1968)
Valid
Effective from 01.01.1976
6
DECLARATION
Minister for Foreign Affairs
of 14 January 1976
amending and supplementing the General Conditions for the Supply of Goods between Member States' Organisations of the Mutual Economic Assistance Council (VDP RVHP 1968)
At the 44th meeting of the Standing Commission on Foreign Trade in Moscow, amendments were agreed on 5 June 1975 to the General Conditions for the Supply of Goods between the Organisations of the Member States of the Mutual Economic Assistance Council (VDP RVHP 1968). The text of the General Conditions for the supply of goods between the organizations of the Member States of the Council of mutual economic assistance, including these amendments, shall be renumbered "VDP RVHP 1968 / 1975 '.
The Federal Assembly of the Czechoslovak Socialist Republic has given its consent to the amendments and the addition of the General Terms and Conditions and the President of the Czechoslovak Socialist Republic has ratified them.
The amendments and additions to the General Terms and Conditions entered into force on 1 January 1976 for the Czechoslovak Socialist Republic.
The general conditions with these amendments and additions are further bound by the People's Republic of Bulgaria, the Republic of Cuba, the People's Republic of Hungary, the People's Republic of Mongolia, the German Democratic Republic, the People's Republic of Poland, the Socialist Republic of Romania and the Union of Soviet Socialist Republics.
The Czech translation of changes and additions to the General Terms is announced simultaneously.
Minister:
Ing. Chupek v. r.
AMENDMENTS AND ADJUSTMENTS
General conditions for the supply of goods between the organisations of the Member States of the Council of mutual economic assistance (VDP RVHP 1968)
1. Head Name I shall be amended as follows:
"Closure, amendment and cancellation of contract."
2. the following paragraph 2a is added to Title I:
The Agreement may be amended or repealed by agreement of the Parties.
2. The unilateral withdrawal from the contract and the unilateral amendment of the terms of the contract shall not be permitted except in the cases directly provided for in these General Conditions of Delivery, bilateral agreement or contract. ';
3. the following shall be added to Title III "Delivery periods":
1. The parties may enter into fixed transactions, i.e. contracts in which it is directly stated or the content of which clearly indicates that, if the delivery deadline is not met, it is automatically cancelled or that the buyer has the right to withdraw from them without delay.
2. In the case of contracts referred to in paragraph 1 of this Article, the seller may carry out the supply after the delivery deadline only with the consent of the buyer. ';
4.Paragraph 31 (5) shall be amended as follows:
"5. In the cases foreseen in paragraph 2 of this paragraph and also in cases where the seller has undertaken to remove the defect or to replace the defective goods referred to in paragraph 3 of this paragraph, the purchaser shall be entitled, if the goods cannot be used as intended until the defect has been removed, to request the seller to pay the periodic penalty payment in a manner and at the level of Article 75 (4). ';
(5) Paragraph 4 (44) shall be deleted;
6. Paragraph 58 is added as follows:
"Any damage in excess of the periodic penalty payments provided for in this paragraph shall not be replaced. ';
7. § 67 is added to paragraph 6 of the following text:
'6. Any damage exceeding the periodic penalty payments provided for in this paragraph shall not be replaced. ';
8. Title XII is amended as follows:
"Some general liability provisions."
9. the following sections 67a, 67b, 67c and 67d are added to Title XII:
1. The Parties shall have a substantive responsibility for the non-compliance or undue fulfilment of commitments.
2. Unless otherwise provided for in the contract, a Party which has used third parties to fulfil its contractual obligations shall be liable to the other Party for non-compliance or non-compliance by that third party as its own conduct.
1. The debtor shall, at the request of the creditor, pay periodic penalty payments for non-compliance or undue compliance with contractual obligations where such periodic penalty payments are provided for in these General Delivery Conditions, bilateral agreement or contract.
2. The creditor's right to payment of the periodic penalty payment shall be established by the fact that he or she has failed to comply or that he or she has failed to comply with the obligation.
3. The arbitration panel shall not be entitled to reduce the penalty payment applied for in accordance with these General Delivery Conditions or bilateral agreements.
4. In cases where the total or partial failure to fulfil obligations has resulted from the failure to provide or undue provision of synergies by the debtor's creditor to fulfil his obligation, or by the wrongful conduct of the creditor in the performance of the undertaking, the arbitration panel shall be entitled to refuse, in whole or in part, the satisfaction of the creditor's claims to pay the periodic penalty payment, depending on the effect the creditor's wrongful conduct has on the performance of the debtor's obligation.
In those cases where such General Delivery Conditions, bilateral agreement or penalty contract are not laid down in those General Delivery Conditions for non-compliance or non-compliance, the debtor shall be obliged to compensate the creditor for the damage caused.
1. In those cases where a claim for damages is admissible, the party's obligation to compensate the other party for damage caused by failure to comply or undue performance of contractual obligations shall arise if the following circumstances arise:
(a) non-compliance or undue fulfilment of a contractual obligation;
(b) where there is material damage to the other party as a result of failure to comply or undue fulfilment of a contractual obligation;
(c) where there is a direct causal link between the failure or undue fulfilment of a contractual obligation by one Party and the occurrence of material damage to the other Party;
(d) where the debtor has caused the default or undue execution of the undertaking.
2. The assessment of the fault shall be considered as a criterion for the exercise of care usual in relations of the species concerned.
3. The burden of proving the circumstances referred to in points (a), (b) and (c) of paragraph 1 of this Article and the amount of the damage shall also lie with the creditor. The fault of the debtor is assumed.
4. The debtor shall not be obliged to make good any damage which the creditor may have avoided if he had shown the usual care in relations of the species.
5. The Contracting Parties may not use the amounts of periodic penalty payments paid to their counterparties within the State in accordance with national legislation or economic agreements to compensate each other.
6. There is no indirect damage. "
10. § 68 is added to paragraph 4 of the following text:
"4. The burden of proving the existence of circumstances excluding the debtor's liability for failure to comply or the undue fulfilment of obligations shall lie with the debtor. ';
11. § 69 is added to paragraph 3 of the following text:
'3. The non-notification or delayed notification of the occurrence of circumstances which exempt a Party from liability which has created the impossibility of fulfilling the contractual obligations shall result in its obligation to make good the damage caused by non-notification or delayed notification. ';
12. Paragraph 70 (4) shall be amended as follows:
"4. The provisions of this paragraph on the extension of the time limit for the performance of the contract shall not apply to fixed transactions. ';
13. The first sentence of paragraph 4 (75) is amended as follows:
"4. In the cases referred to in paragraph 3 of this paragraph, the purchaser shall be entitled, if the goods cannot be used as intended until the defect has been remedied, to request from the seller payment of the periodic penalty payment as a delay in the delivery of the amount set out in Paragraph 83, calculated from the date of notification of the claim until the date of removal of the defect or until the date of delivery of the goods provided for defective. ';
Article 14 (77) shall be added and amended as follows:
1. For fixed transactions, the seller is obliged to remove the defect or replace the defective goods within the delivery period specified by the contract. If this is not the case, the purchaser is entitled to withdraw from the contract immediately after the delivery deadline and to request the seller of the periodic penalty payment pursuant to Paragraph 86 or, unless otherwise provided for in a bilateral agreement or contract, to claim compensation instead of that periodic penalty payment for damage caused by failure to comply with the contract.
2. Where the buyer agrees to remove the seller's defects of goods delivered under the fixed-trade contract after the delivery deadline has expired, the buyer shall be entitled to apply the seller's payment of the periodic penalty payment as a delay in delivery pursuant to Article 31 (5) (or Article 75 (4)) from the first day after the delivery deadline laid down by the fixed-store contract. '
15. Paragraph 83 (2) shall be amended as follows:
'2. Unless otherwise provided for in a bilateral agreement or contract, periodic penalty payments shall be calculated from the first day of delay at the following amounts:
in the first 30 days - 0,05% for each day,
30 days - 0.08% for each day,
in another - 0,12% for each day of delay. '
16. Paragraph 84 (1) is added as follows:
"Where a delay in the delivery of the technical documentation is followed by delay in the delivery of the machinery or equipment to which the technical documentation belongs, the penalty payment for the delay in the delivery of the technical documentation shall be calculated as a continuation of the penalty payment in the delivery of the machinery and equipment. This provision shall also apply where delays in the delivery of machinery or equipment are followed by delays in the delivery of technical documentation. ';
17.
"1. For non-compliance with the delivery deadline for fixed transactions, the seller shall pay a penalty payment of 5% of the price of the undelivered goods, unless otherwise specified in the bilateral agreement or contract.
2. Unless otherwise provided for in a bilateral agreement or contract, the buyer shall have the right, when withdrawing from a fixed transaction, to request from the seller, instead of the penalty payment provided for in paragraph 1 of this paragraph, compensation for damage caused by non-compliance with the contract.
3. Where the purchaser agrees to a fixed trade in the taking over of goods, regardless of delay, the periodic penalty payment referred to in paragraph 1 of this paragraph shall not be his. In such a case, the seller shall pay the buyer a penalty payment for each day calculated from the first day of the delay, at the amount specified in Paragraph 83. '
18. § 87 is added to the following paragraphs:
'2. The buyer shall not apply to the seller any claims for damages other than the cost of the means of transport (ships, railway wagons, etc.), which he has paid to the carrier as a result of non-notification or delayed visa, for the non-notification or late delivery of the goods.
3. Expenditure relating to the disposal of means of transport referred to in paragraph 2 of this Article shall be reimbursed as follows:
(a) in the case of transport by water, above the amount of periodic penalty payments calculated or paid in accordance with paragraph 1 of this Article;
(b) for other modes of transport - in the part exceeding the periodic penalty payment calculated or paid in accordance with paragraph 1 of this Article, but the amount of the periodic penalty payment and the reimbursement of the costs of the means of transport for a single lot of goods sent by one transport document may not exceed the maximum amount of the periodic penalty payment provided for in paragraph 1 of this paragraph. "
19. Title XIV "Penalties" is added to Article 87a of the following text:
In those cases where these General Delivery Conditions provide that periodic penalty payments are to be calculated for each day of delay, periodic penalty payments shall be calculated for each day started. '
20. Paragraph 106 is added as follows:
'2. Interest on late payment of periodic penalty payments shall be calculated from the start of the limitation period for entitlement to periodic penalty payments until the date of payment.
3. The damage resulting from the delay in fulfilling the financial obligations in excess of the interest provided for in paragraph 1 of this Article shall not be reimbursed. ';
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Regulation Information
| Citation | Decree of the Minister for Foreign Affairs No 6 / 1976 Coll., on amendments and additions to the General Conditions for the supply of goods between Member States' organisations of the Council of mutual economic assistance (VDP RVHP 1968) |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 09.02.1976 |
|---|---|
| Effective from | 01.01.1976 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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