Decree No. 84 / 1978 Coll.
Decree of the Federal Ministry of Agriculture and Nutrition issuing basic conditions for the supply of repairs to agricultural equipment
Valid
Effective from 01.10.1978
84
DECLARATION
Federal Ministry of Agriculture and Nutrition
of 21 June 1978
on the issue of basic conditions for the supply of agricultural equipment repair
The Federal Ministry of Agriculture and Nutrition provides, in an agreement with the participating central authorities 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):
GENERAL PROVISIONS
Subject matter and scope of the adjustment
(1) This decree regulates the basic conditions for the delivery of repairs to agricultural equipment.
(2) For the purposes of this decree, machinery, mechanical appliances and equipment of a nature intended for agriculture shall be regarded as agricultural machinery.
(3) Supplies of agricultural technology repair services include:
(a) overhaul, repair and maintenance of machinery, mechanical appliances and equipment (hereinafter referred to as "machines") and their separate groups and sub-groups (hereinafter referred to as "groups"), 1)
(b) repair and renovation of parts for machinery and groups;
(c) modernisation and conversion of machinery (groups).
(4) Supplies of repairs of machinery (groups) which are not considered to be agricultural machinery are governed by this decree, provided that the supplier undertakes to make the repair.
(5) The provisions of Part Two of this Decree also apply to the modernisation and conversion of machinery (groups).
Liability for defects (guarantee)
(1) The guarantee period shall be six months.
(2) The provisions of paragraph 1 shall also apply to the liability for defects in the assembly of the group associated with the supply of overhaul.
(3) The guarantee period starts to run from completion of the delivery; for seasonal machinery (e.g. self-propelled harvesters, single-purpose mechanising agents for field work, etc.) from the date on which the machine (group) was first used. However, the collector is obliged to use the machine in the next relevant season, otherwise the right from liability for defects ceases.
(4) If the general repair of the machine (group) is carried out by a sales organisation, the provision of § 198 (2) (b) of the Act shall apply mutatis mutandis to the extension of the guarantee period.
(5) The supplier is not responsible for defects caused by:
(a) natural wear of components,
(b) damage resulting from insufficient care of the machine (group), poor handling, neglect of easily removable defects;
(c) the use of a machine (group) under conditions which do not correspond to its purpose, nature and construction;
(d) failure to comply with the principles for putting the machine (group) into service, in particular at the time of the start-up and for its operation, as set out in the technical standard or guarantee note.
(6) The right of liability for defects shall cease to exist by the accident of the machine (group), unless it is due to defects in the general repair for which the supplier is responsible; However, it does not cease to exist for groups which were not affected by the accident.
(7) A collector who has been defective has the right to free removal of defects.
(8) The supplier who has made a general correction can contractually arrange for the performance of the guarantee repairs to be carried out by another repair organisation which will ensure the removal of a particular type or any defects of supply to the benefit of the customer (guarantee repair).
(9) The warranty repair will remove defects at its choice by repairing or replacing the machine (s); if the customer removes the defects himself with the agreement of the guarantee repair company, the supplier shall be obliged to reimburse the costs effectively incurred.
Complaints
(1) Defects which are already evident at the time of receipt of the repaired machine (s) from the supplier must be recovered immediately upon receipt and if the delivery of the general repair of the machine (s) is completed by delivery to the public carrier, no later than three working days after delivery to the customer at the place of destination, otherwise the right of liability for such defects shall cease.
(2) Other defects are required by the customer to notify the guarantee repairers without undue delay after they have been found and to indicate how they appear. If, on the basis of the notification, the damage is not remedied, the guarantee service shall be obliged to send a worker to handle the case no later than three days after the receipt of the written complaint.
(3) The guarantee repair plant and the customer shall write an entry on the spot indicating, in particular, what defects the general repair has been found to be the cause of, and whether the guarantee repair on behalf of the supplier recognises responsibility for the defects. If it is not possible to remove the defects immediately, they shall agree in the minutes a reasonable period which shall not exceed 20 days from the notification of the defect by the customer. The registration signed by the customer and the guarantee repair shall be considered as a complaint.
(4) The machine (group) for which a guarantee correction is requested can only be dismantled in the presence of an authorised worker of the guarantee repair plant or with its consent. If this requires the severity of the malfunction or difficulty in working to remove the defect, the customer is obliged to provide the warranty service at his request with the necessary assistance within his or her capabilities (e.g. machinery, lifting equipment, assembly facilities, material and work assistance, etc.). If there is a larger repair that cannot be done with the customer, the customer is obliged to deliver the defective machine (group) to the place designated by the guarantee repair. Transport costs shall be borne by the supplier.
(5) If the customer requests the removal of defects and there is a risk that delays in the correction will result in damage to agricultural production, which the customer cannot prevent even if all the effort that can be required of the customer is made, the guarantee repair must comply with it, even if it does not recognise that the supplier is responsible for the defects. The costs are borne by the supplier until the decision on the complaint. In other cases, the guarantee repair is required to remove the failure under Part Three of this Decree.
(6) If it is only found during the dismantling of the machine (group) that the supplier is not responsible for the defects, the warranty repair plant will complete the work to remove the failure. Such work and performance shall be deemed to be the delivery of corrections under Part Three of this Order.
Liability for defects (guarantee)
(1) The guarantee period shall be three months; for repairs which remove normal disturbances, one month from the date of implementation. For seasonal machinery, § 14 (3) applies for determining the start of the guarantee period.
(2) If, during the warranty period, a failure occurs on a fixed machine (group) or its repair part, the customer is obliged to notify the supplier without undue delay. No later than two days after receipt of the notification, the supplier shall send a worker to remove the failure.
Liability for defects (guarantee) and complaints
(1) The guarantee period shall be six months from the delivery of the repair or renovation of the components. Paragraph 198 (2) (b) of the Law applies mutatis mutandis to the extension of this period.
(2) The supplier is not liable for defects caused by the use of the repaired or renovated component for purposes other than the technical standard or, where appropriate, by the written instructions of the supplier.
(3) The complaint is treated in a similar manner to general repairs of machinery and groups (§ 15 (1) to (3)).
(4) If the supplier was defective, he shall provide the customer within 3 days of receipt of the complaint with proper performance. The collector shall transmit the defective part to the supplier at the same time as the proper performance is assumed. Paragraph 14 (8) may be followed when handling a complaint.
COMMON AND FINAL PROVISIONS
Paragraph 1 (a) and the first part (paragraphs 2 to 17) of the Decree of the Ministry of Agriculture and Nutrition and the Ministry of Forestry and Water Management No 73 / 1967 Coll., which issue the basic conditions for the delivery of repairs to agricultural and forestry machinery, field and land works, chemistry and other agricultural works are hereby repealed.
This Decree shall take effect on 1 October 1978.
Minister:
Ing. Nagr, CSc.
1) The terms "general repair," "separate group" and "sub-group" are defined in technical standards and result from the repair nomenclature, which is unified under the RVHP.
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Regulation Information
| Citation | Federal Ministry of Agriculture and Nutrition Decree No. 84 / 1978 Coll., which issues the basic conditions for the delivery of repairs to agricultural equipment |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 17.07.1978 |
|---|---|
| Effective from | 01.10.1978 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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