Decree No. 87 / 1966 Coll.
Decree of the State Commission on Technology, Ministry of Finance and the Chief Arbiter of the Czechoslovak Socialist Republic on certain economic measures in investment construction
Valid
Effective from 01.01.1967
87
DECLARATION
State Commission on Technology, Ministry of Finance and Chief Arbiter of the Czechoslovak Socialist Republic
of 16 November 1966
on certain economic measures in investment construction
State Commission on Technology pursuant to § 11 (g) of Act No. 113 / 1965 Coll., on the State Commission on Finance, Prices and Wages, State Commission on Technology, State Commission on Economic and Scientific and Technical Cooperation and the State Commission on Management and Organisation, Ministry of Finance under § 391 (2) of Economic Code No. 109 / 1964 Coll. and the Central Arbiter of the Czechoslovak Socialist Republic pursuant to § 395 (b) of Economic Code No. 109 / 1964 Coll. provides:
Material interests
In economic contracts concluded for deliveries pursuant to Part Eight, Title One, Section 3 of Economic Code 109 / 1964 Coll. may agree with its suppliers a premium
(a) for a desirable reduction in the construction period (under the conditions set out in paragraph 2 below),
(b) to improve the parameters of the construction if it gives it an economic effect or otherwise benefits it.
(1) A premium for improving the parameters of the construction may be agreed with the supplier if the supplier proposes and undertakes to perform without prejudice to the quality of the supply and without deterioration of production volume (utility):
(a) delivery at lower budget costs;
(b) measures to improve the future economic or other effect of permanent operation.
(2) The reduction of budgetary costs and the improvement of the economic or other effect of continuous operation are assessed on the project data underlying the conclusion and budget of the economic contract. *)
(3) The premium for making deliveries at lower budget costs is part of the difference between the budgetary costs planned and actually achieved and the amount of which can only be agreed to that extent.
(4) The premium for improving the future economic or other effect of permanent operation is part of the one-year improvement in the economic effect of permanent operation and its amount can also be agreed only to the extent of such improvement or fixed amount, as appropriate.
Property penalties for supplier's delay
(1) A supplier who is late in carrying out a supply on which an economic contract has been concluded under Part Eight, Title 1, Section 3 of the Economic Code, is obliged to pay a penalty payment of 0,5% of the delivery price for each month of delay started. * *) Organisations may only increase this property penalty by express agreement. * * *)
(2) However, for the supply of sets of machines and equipment which are fully or partly dealt with as tasks of the State Research and Development Work Plan, the organisation may negotiate property sanctions differently; If not evaluated, the economic arbitrage will be decided on the basis of the comments of the State Technical Commission and the relevant central authorities. †)
Payment arrangements
(1) The collector is entitled to suspend the payment of all invoices of the supplier who is late in fulfilling the deadlines on the main objects and operating files specifically agreed for this purpose in the contract.
(2) In addition, in the case of complex residential construction, the collector is entitled to suspend the payment of the supplier's invoices if the supplier does not, on the basis of the contracts concluded, ensure that the buildings which are part of the technical and civil equipment are carried out and are explicitly identified as such in the contract.
(3) The suspended amounts shall be reimbursed by the customer within 10 days of the date on which the supplier fulfils the replacement period; However, if this replacement period does not ensure that the delivery will be delivered within the agreed (original) time limit, the buyer shall be obliged to pay the suspended amounts only after the delivery has been committed and taken over.
Suspension of amounts ensuring the material removal of defects and defects
(1) After payment of 90% of the total price of the final delivery or of the finished part, the buyer shall be entitled to suspend from the last invoices up to 10% of the total price of the finished delivery or of the finished part in order to ensure the timely elimination of defects and unfinished goods.
(2) The suspended amounts are payable to the supplier
(a) for the supply of the construction part and for the supply of the technological part - except for the supply of sets of machinery and equipment - within 10 days of the signing of the record of the impeccable receipt of the supply or of the finished part of the supply and, in the event of such transmission and take-over, of defects and uncompletion, within 10 days of their removal;
(b) for the supply of sets of machines and equipment - within 10 days of the date on which the capability of the installation to secure the design parameters in accordance with the charging curve is demonstrated for this purpose in a contract negotiated.
Late payment
For the period of legal suspension of amounts (Sections 6 and 7), the customer does not pay a fee for late payment.
Efficacy
This Decree shall take effect on 1 January 1967; Paragraph 5 to 8 shall expire on 31 December 1967.
Minister
State Technical Commission:
Dr. Vlasák v. r.
Minister of Finance:
Dvořák v. r.
Main Arbiter
Czechoslovak Socialist Republic:
Dr Dohnal v. r.
*) Reductions resulting from the specification of the provisional price without changing the technical solution shall not be regarded as a reduction in budgetary costs.
* *) Paragraph 295 (1) of the Economic Code is not applicable for the duration of the Decree.
* * *) This provides for a derogation from the provisions of § 1 zl. No 139 / 1965 Coll.
†) This provides for a derogation from the provisions of § 11 Exhibit No. 139 / 1965 Coll.
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Regulation Information
| Citation | Decree of the State Commission on Technology, Ministry of Finance and Chief Arbiter of the Czechoslovak Socialist Republic No. 87 / 1966 Coll., on certain economic measures in investment construction |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 25.11.1966 |
|---|---|
| Effective from | 01.01.1967 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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