Decree No. 82 / 1977 Coll.
Decree of the Federal Ministry of Steel and Heavy Engineering issuing basic conditions for the supply of metallurgical products, ores, magnesite products and metal waste
Valid
Effective from 01.01.1978
82
DECLARATION
Federal Ministry of Steel and Heavy Engineering
of 16 November 1977
on the issue of basic conditions for the supply of metallurgical products, ores, magnesia products and metallic waste
The Federal Ministry of Steel and Heavy Engineering in an agreement with the participating central authorities provides, pursuant to Article 392 (1) of the Economic Code No. 109 / 1964 Coll., as published under No 37 / 1971 Coll. (hereinafter referred to as "the Act '):
Scope
(1) This Decree regulates all supplies of iron, non-ferrous metals, iron, ore and mineral products listed in the Annex and of metal waste referred to in Paragraph 20 (5).
(2) This decree does not apply to deliveries for and from imports.
Liability for defects
(1) The collector is obliged to send a complaint to the supplier with the relevant documents in a single copy and in the event that the supplier is not a manufacturer, twice. It shall also indicate the contract number and, where possible, the number of the sending signals.
(2) If the customer returns the products he claims, he shall be obliged to follow the supplier's specifications which he requests in advance; in the transport documents, it is required to indicate that the products are claimed and indicate the numbers of the corresponding claim.
(3) If the organisation does not agree otherwise, the liability in the longer guarantee period shall apply only to defects arising from the production of the material and the customer may require the removal of the defect free of charge within the agreed time limit or, if the removal of the defect is not possible, within the scope of the defective delivery of the new flawless performance within the technically shortest possible time; it cannot exercise those rights if:
(a) the quality of the metallurgical product chosen by it was inappropriate for the purpose used, except where the order indicated a sufficient indication of the purpose of the use;
(b) the metallurgical product was subject to heat effects not foreseen by the technical standard before application.
Compensation
The extent of the compensation for the cost of processing the defective product shall be the sum of one-piece wages and half of the workshop and of the company's head, which is spent on working the products until the working operation at which the customer identified the defect, but no longer than the period during which it was possible to detect the defect due to the nature of the customer's operation. The supplier may not waive that responsibility.
Advertising procedure
(1) In the complaint, the customer will also submit proposals for further use of the metal waste supplied.
(2) Recovered metal waste shall be stored separately by the customer, in the condition provided, until the recovery of the claim or until the expiry of the time limits prescribed for its execution. The time limit for the supplier's statement on the complaint shall be extended by the time needed for the exchange of results of the chemical analysis or, where appropriate, for the implementation of the arbitration analysis.
(3) If the customer is not sufficient to classify metal waste, he must keep it as waste sorted if the supplying organisation carries out the re-sorting of his own staff and on his own cargo and within a time limit agreed with the customer or if the re-classifies the customer in agreement with the supplying organisation on its cargo. Otherwise, the non-sorted waste can only be rejected and in which case the supplying organisation has the right to dispose of metal waste according to its disposal plan.
(4) If waste is not used for customers, the supplier is obliged to dispose of the recovered waste within 10 days of the end of the complaint procedure. If the supplier has not sent the customer a disposition within that period, the customer is entitled to send the claimed waste to the supplier's address, which must inform the supplier at least 3 days in advance. The costs of redisposing and returning the waste claimed shall be borne by the supplier.
(5) For large consumers with an annual collection exceeding 100 000 tonnes of metallic waste, the supplier may designate a permanent representative with an output technical control function; it shall identify the defects in the supply of metallic waste supplied by an authorised organisation. These consumers are obliged to create conditions for the proper performance of the permanent representative. The details of the performance of this function shall be agreed by the organisation.
PROVISIONS COMMON AND FINAL
The following shall be deleted:
1. Decree No. 145 / 1964 Coll., which issues the basic conditions for the supply of metallurgical products,
2. Decree No. 12 / 1964 of the Minister for the Metal Industry and the ore mines issuing basic conditions for the supply of Soviet iron and manganese ores - announced in the amount of 6 / 1965 Coll.
This Decree shall take effect on 1 January 1978.
Minister:
Half, CSc.
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Regulation Information
| Citation | Ordinance No. 82 / 1977 Coll., of the Federal Ministry of Steel and Heavy Engineering, issued on the basic conditions of supply of metallurgical products, ores, magnesite products and metal waste |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 12.12.1977 |
|---|---|
| Effective from | 01.01.1978 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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