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Law No. 3 Of 30 March 1988 On The Conclusion And Execution Of Economic Contracts

Original Language Title:  LEGE nr. 3 din 30 martie 1988 privind încheierea şi executarea contractelor economice

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LEGE no. 3 3 of 30 March 1988 on the conclusion and execution of economic
ISSUER GREAT NATIONAL ASSEMBLY
Published in OFFICIAL BULLETIN no. 18 18 of 2 April 1988



The strengthening of workers ' self-leadership, economic-financial self-management and self-financing of each socialist unit, increasing the role of the collective of working people to lead the entire economic and social life, require the continuous improvement of contractual relations between the socialist units, increasing their participation and responsibility in carrying out the tasks and objectives set out in the national economy development programmes. The economic contract, a basic instrument for the regulation of relations between socialist units in order to broaden and diversify product supplies, the execution of works and service supplies, must lead to the reduction of supply and sale, classification in stock norms and approved economic-financial norms, acceleration of rotation speed of circulating means, maximum efficiency use of fixed funds, all material means and money, strengthening order and discipline in the relations between the units Socialist. In the field of foreign trade activity, contracts must ensure the intensification of external economic exchanges, increasing the participation of the Socialist Republic of Romania in the international division of labor, in accordance with the economic-social of the country. The improvement of the contractual relations between the socialist units must lead to the realization of the provisions of the single national plan of economic and social development, to the strengthening and development of socialist property, as well as to the lifting, this basis, the material and spiritual living standards of working people. In order to establish the general framework for the conclusion and execution of economic contracts, to ensure order and discipline in the conduct of contractual relations between the socialist units, the proper improvement of the workers ' self-management, self-management and self-financing of each unit, The Great National Assembly of the Socialist Republic of Romania adopts this law. + Chapter 1 General provisions + Article 1 The working people, as owners of the means of production, of producers and beneficiaries of all material and spiritual goods of the society, bear the full responsibility for the management with maximum efficiency of the patrimony the socialist units to which they belong, the performance of their tasks and objectives of the single national economic-social development plan and their own programmes, the establishment and the conduct of contractual relations between the units socialist in line with the requirements of the development of different sectors of activity in compliance with legal provisions. Based on the principles of working-class self-driving and socialist democracy, every working man responds to his collective of work for the performance of his duties and, together with the entire collective, for the smooth running of the work general of unity. The Labour People's Council, as the representative of the owners and producers in each unit, is responsible for the proper management and development of its heritage and is obliged to take measures to establish and conduct the relations between socialist units in accordance with the objectives of economic and social development, the execution of the obligations assumed by contracts, the strengthening of order and discipline in the entire activity. + Article 2 The specialization, profiling and integration of production, within the division of labor between branches, subdivisions and sectors of the national economy must ensure the enhancement and diversification of production, works and services, permanent improvement of their technical and qualitative level, based on the latest conquests of science and technique, the continuous improvement of contractual relations between socialist units. In the development of economic relations between them, socialist units have the obligation to act, in particular, for: -realization of physical production, of raw materials, materials, energy and finished products, in the assortments and quality provided in the single national plan of economic and social development, in standards and contracts; -the production of export production in compliance with the contractual provisions; -specialization of production and development of cooperation relations; -fulfillment of programs and plans for investments, repairs and upgrades, as well as those of research, technological development and design for investments; -the realization of technical and economic indicators approved at the production capacities put into operation; -the implementation of the programs on the recovery and reuse of raw materials, materials, spare parts and sub-assemblies; -reducing the consumption, energy and materials norms, improving the coefficients of removal and use, increasing the valorisation of raw materials, materials, fuels and energy; -raising the technical and qualitative level of products, increasing their reliability, in order to be competitive with the best similar products worldwide; -increasing labor productivity, bringing to fruition programs to improve the organization and modernization of production processes, framing in stock norms and in approved economic-financial norms and increasing profitability all sectors of activity and economic efficiency. + Article 3 Manufacture of products, execution of works and provision of services for internal and external beneficiaries are made only on the basis of contract, under the conditions of this law Socialist units are obliged to conclude contracts in strict accordance with the provisions of the plan, in compliance with the consumer and stock norms and other indicators approved according to the law, as well as the norms economic and financial, in conditions to ensure the full and efficient use of production capacities, the reduction of consumption of raw materials, materials, fuels and energy, the realization of savings in all sectors of activity. For export production, the contracts shall be concluded according to the existing production capacities, for the purpose of superior valorisation of raw materials, materials, fuels and energy, by producing high quality products and technical level and their undoing on the external market on favorable terms. + Article 4 The contract is concluded according to the principles of self-driving workers, self-management and self-financing and must ensure full contracting of the production, volume of works and service supplies established by plan, full use and with maximum efficiency of the production capacities, of the technical-material base and of the workforce available to the socialist units. The production intended for domestic consumption must be fully contracted on the basis of the plan indicators approved by decree of the State Council, until October 1 before the start of the execution of the plan. The ministries, the other central bodies, the executive committees of the county folk councils and the city of Bucharest, the plants, enterprises and other socialist units are responsible for taking the necessary measures for the execution of contractual obligations. + Article 5 In the execution of the concluded contracts, the manufacturing units are obliged to launch in manufacturing, to execute and to deliver the products in their assortments, quality, quantity and deadlines, in strict compliance with the stock norms established according to legal provisions. The average stock normative for finished products for domestic consumption, for 5 days, is carried out on ministries, plants and enterprises through the single national economic and social development plan. + Article 6 Socialist units will only conclude supply contracts for products that have ensured undoing. It is prohibited to launch in manufacturing products that have not ensured undoing through contracts or orders for domestic consumption or on the foreign market. Under the law, goods subject to exchange and auction transactions will be introduced into manufacturing, as well as other measures justified by external market requests, based on the sale-purchase contract concluded with the foreign trade, prior to the conclusion of the + Chapter 2 General arrangements for economic contracts + Section 1 Conclusion of contracts + Article 7 Economic contracts shall be concluded by agreement of the parties, by undertakings, plants or other socialist units with legal personality or by units without legal personality, within the limits of the power of representation. For new units, to be put into operation after the date of approval of the plan, the economic contracts on the disposal of production and technical-material supply shall be concluded by the plants or other socialist units under which they are going to work. After the establishment, the new units become, by right, parties in the contract. + Article 8 The contracts shall be concluded in strict accordance with the provisions of the plan and within the deadlines provided by law, under the control and guidance of the plants, ministries, other central or local bodies under which the parties operate. The stages and modalities of contracting and resolving any objections or misunderstandings shall be approved by the Council of Ministers, on the proposal of the State Planning Committee and the Ministry of Technical-Materials and Control Supply Fixed Fund Management. + Article 9 The economic contracts shall be concluded for the duration necessary for the performance of the tasks and objectives of the five-year or annual plans, as the case may be, as well as In the case of products for which material balances are drawn up, contracts shall be concluded on a basis of distribution. The distribution is mandatory throughout the duration of the plan task. + Article 10 The socialist units are obliged to establish, through the contracts they conclude, all the necessary clauses for the regulation, under the law, of the relations between them, in compliance with the model contracts elaborated on the branches, groups of products or categories of works and services. The model contracts shall be drawn up by ministries, other central bodies, executive committees of the county folk councils and the city of Bucharest, for their branches or fields of activity, with the opinion of ministries, other central bodies and local stakeholders, the State Planning Committee, the Ministry of Finance and the Ministry of Technical-Materials Supply and Management Control of Fixed Funds; for domestic economic contracts of foreign trade the opinion is given by Ministry of Foreign Trade and International Economic Cooperation. The model contracts are approved by the Council of Ministers. + Article 11 Socialist units are obliged to establish contractual relations in written form. The order confirmed in writing no later than 15 days or its execution shall be as soon as the contract is concluded. The economic contracts shall be signed by the head of the establishment and the chief accounting officer, after their approval by the legal office and-if applicable-by the head of the quality technical control department, as well as after the exercise of the control Preventive. + Article 12 In economic contracts there cannot be clauses contrary to the law. The clauses by which the legal provisions are violated are void and replaced by law with provisions corresponding to the law. The contract will be entirely void only if the replacement of the null clause is not possible. The products for which material balances are elaborated, contracts concluded without distribution are void and attract the responsibility of the guilty persons. + Section 2 Registration of contracts + Article 13 The economic contracts shall be registered by the producer-supplier units, performing works or service providers, at the central or local central or central body to which these units are directly subordinated, as well as to the organs. financial. The contracts concluded by the plant as a producer-supplier unit, the executor of works or service providers shall be registered with the ministry, other central or local hierarchical organ, as well as the financial bodies. Contracts for the products and works set out in Annex no. 1 shall be registered at the plants, ministries, other central or local hierarchical organs superior to the units provided for in the preceding paragraphs, as well as at the Ministry of Technical-Materials Supply and Management Control of Fixed Funds, The State Planning Committee and the Ministry of Finance. + Article 14 The registration of contracts shall be made at the request of the producer unit, respectively supplying, performing works or service providers, within 10 days from their conclusion. They are subject to registration and amendments to concluded contracts, including the takeover, under the law, of the execution of the contract by another unit. + Section 3 Amendment of economic + Article 15 Unilateral modification or denunciation of contracts is prohibited. + Article 16 Parties may amend the contract by their agreement. In the case of the elements established by a planning act, their modification can be made only on condition of prior modification, according to the law, of that act The unit which requested the amendment shall bear the consequences of the property arising therefrom. + Article 17 The parties are obliged to adapt the contract according to the amendments made, according to the law, to the provisions of the planning act on the basis of which it was concluded, as well as to update it according to the requirements of technical progress. + Article 18 In the case of new export orders or contracts, effective for the national economy, the plants and the ministerial ministries of plan, together with the State Planning Committee, Ministry of Technical-Materials Supply and Management Control Fixed Funds and the Ministry of Foreign Trade and International Economic Cooperation, will establish measures to carry out these orders or contracts, with the appropriate adaptation of the internal economic contracts concluded. + Section 4 Execution of economic + Article 19 Socialist units are obliged to execute economic contracts in kind, in compliance with the physical production, quantities, quality, assortments, deadlines and other obligations assumed, giving priority, under the law, the execution of products for export. In the execution of contracts, socialist units are obliged to exercise their rights and fulfill their obligations in good faith and to take all measures corresponding to the possibilities available to them to avoid any damage. Collective management bodies, directors and other management staff are responsible for ensuring the conditions and establishing measures for the execution of contracts, in strict compliance with the legal provisions. + Article 20 The beneficiary unit is obliged to verify, under the conditions provided by law and contract, during the execution of the product, the realization of the work or the provision of the contracted service, the way in which the supplier unit meets the clauses agreed look at quality. + Article 21 The products and works contracted will be delivered, as the case may be, teach on the basis of quantitative and qualitative reception. The contracting parties may agree, taking into account the nature of the products, that the delivery is also made by self-reception. + Article 22 The delivery of the products, the execution of the works and the provision of the services are made Fulfilment of obligations under terms other than those in the contract can be made only on the basis of the agreement of the parties and in compliance with the conditions Executed deliveries or services rendered for outstanding obligations shall be deemed to be made in the account of the obligation with the nearest term, after covering the current obligations. + Article 23 The beneficiary unit has the obligation to make the payment of the price of the products, works and services covered by the contract, after their reception and reception, under the conditions established by this law. At the conclusion of the contracts, the beneficiary units are obliged to prove that they have provided the financial means for the payment of the price provided for in the contract, to indicate the bank account and to open the letter of credit under the conditions The supplier units will execute and deliver products, carry out and teach works or provide services only if the beneficiary units have provided the financial resources for their payment at the deadline. + Article 24 The supplier unit, executor of works or service providers shall respond, during the warranty period, for the quality of the products or works, and after its expiry, for the hidden defects, found according to the law. + Section 5-a Discipline and contractual liability + Article 25 The ministries, the other central and local bodies and the plants are responsible for taking all necessary measures to ensure the execution of the obligations assumed by the socialist units through contracts, to carry out a rigorous control of the fulfilment of contractual obligations by the parties and the determination of the liability of the guilty persons for non-execution or improper execution of the provisions of the contracts If after the conclusion of the contract there is a finding of causes, other than force majeure, which would put one of the parties unable to execute it, the ministries, the other central and local bodies, the plants, to which the party is subordinated, have the obligation to take the necessary measures to ensure the performance of the contract, including through another subordinate unit, established, where appropriate, with the agreement of the balance coordinator. + Article 26 The socialist unit that does not execute the obligations assumed by the contract or executes them improperly owes to the other party penalties, according to 2, as well as compensation, in order to repair the damage caused by his fault. The compensation is due only to the extent that the damage was not entirely covered by the payment of the penalties provided for in the contract and concerns both the actual damage suffered and the benefit achieved. + Article 27 The parties shall be entitled in delay if they do not execute their obligations within the time limits stipulated by the contract. The beneficiary shall be responsible for the non-performance of the contract if it fails to comply with its obligations + Article 28 The socialist unit whose contractual obligation cannot be executed due to force majeure, established according to the law, is defended by liability and has the obligation to inform the other party the impossibility of execution, in within 5 days from the date of occurrence of this case, and to communicate to him the supporting documents, no later than 15 days from this date; he is also obliged to communicate to him, immediately, the date of termination of force majeure. Under the same terms, the socialist unit will inform the case of force majeure to the central or local body under which it operates, as well as the State Planning Committee, for products whose balances are approved by the plan. National single economic-social development, or Ministry of Technical Supply-Materials and Control of Management of Fixed Funds, for products covered by other balances, which will establish the necessary measures, according to the law. The socialist unit that invokes the force majeure case will bear the damage caused to the other unit due to the failure of its obligations under this article. + Chapter 3 Economic contracts between socialist units + Section 1 Contract for the supply of products + Article 29 The contracts for the supply of products shall be concluded on the basis of the tasks of the socialist units of the single national economic and social development plan and shall include obligations and liabilities to ensure: a) the realization of the planned physical production in the quantities, assortments, types, dimensions, quality conditions and deadlines established by the plan, standards and norms of typing; b) full execution of export orders, under the conditions of superior recovery of the resources used, in compliance with the provisions of the external contracts; c) full and efficient use of production capacities, strict compliance with the norms and norms of consumption and stock; d) introduction into manufacturing of new or upgraded products and technologies, with superior technical-functional parameters and material and energy consumption reduced compared to existing ones, in accordance with the requirements of internal and external beneficiaries; e) the maximum use of reusable material and energy resources and the limitation of supply of new materials, materials and spare parts according to the performance of the teaching tasks of those recovered. Contracts shall be concluded in compliance with the provisions of Annex No. 3. + Article 30 In contracts for the delivery of technological equipment and complex installations the parties are obliged to provide, outside the general clauses, the following specific clauses: a) the deadlines for delivery of machinery or installations, correlated with the assembly cycle, with the deadline for commissioning, as well as with the duration of transport, being prohibited the realization and delivery of machinery to be immobilized in stocks; b) the deadlines and responsibilities for teaching the complete technical documentation for the entire objective or for the assemblies and subassemblies that can be executed independently, taking into account the delivery times of the machinery established according to lit. a) and their manufacturing cycle; c) the obligations of the supplier to provide the mounting documentation, technical assistance at the staging site, the commissioning tests, the training of the operating personnel, the delivery of spare parts and the performance during the warranty period. The investment beneficiaries will provide in the contracts that conclude them with the design units clauses on the necessary guarantees for the full and complete handover of the final technical documentation of execution. For machines, machinery and installations with a longer duration of the manufacturing cycle, technical documentation and orders will be handed over by the beneficiaries within the deadlines set out in Annex no. 4 + Article 31 For machinery, equipment, installations and other complex deliveries, upon which several units cooperate, the beneficiary shall conclude a single contract with the general supplier or the main supplier, as the case may be, and it shall conclude contracts with specialized units with which they cooperate, in compliance with the provisions of Annex no 5. The general supplier, namely the main supplier, shall respond to the beneficiary, and the cooperating units shall respond to the general supplier or, as the case may be, the principal for failure to fulfil the contractual obligations. + Article 32 In the case of products for which, at the date of contracting, the assortments, types, dimensions or other characteristics necessary for the execution of obligations are not specified, the parties will establish in the contract deadlines for their presentation, to ensure compliance with the deadline for execution and delivery established. For goods intended for the market fund, the assortment of which varies frequently in relation to the requirements of the internal market, framework contracts will be concluded, which will adapt and detail annually or, as the case may be, depending on the season. The framework contracts will also be concluded for the delivery of new products to be assimilated during the five-year plan period. The parties will detail and concretize the provisions of these contracts after the approval of the approval and introduction of contracted products in manufacturing. + Article 33 The units have the obligation to deliver only products that correspond to the quality conditions in the typing norms, standards, specifications and execution documentation, in compliance with exactly the quantities, assortments, types and other agreed features as well as the time limits laid down in the contract. Products refused by the beneficiary unit for qualitative deprivation shall be considered undelivered if the supplier does not ensure that they are remedied or replaced within the time limit agreed with the beneficiary. The supplier responds to the delay thus produced until delivery. + Article 34 Reception, expedition and receipt of products are made in compliance with the contractual provisions, under the conditions provided by the legal provisions in force. For technological equipment, installations and other products of high technical complexity, the reception by the beneficiary is mandatory. It will be able to make the reception and on manufacturing phases. Acceptance by the beneficiary unit of products that do not correspond to the quality provided for in the contracts or, as the case may be, in standards, technical norms and specifications shall also entail its liability for damage to the obstesc property. + Article 35 The supplier and beneficiary units of the agrootechnical products intended for the establishment of the centralized fund of the state are obliged to ensure their reception, handing over and receiving them at the deadlines in the delivery schedules. The supplier units are obliged to hand over to the nearest center or the contracting and purchase basis the slightly alterable agrootechnical products, if the beneficiary has not presented himself, according to the charts, for the reception. The handover shall be made on the basis of the reception carried out by the centre or the basis of contracting and acquisition, in the presence of a delegate of the local folk council or another neutral, competent delegate The centers or the contracting and purchasing bases are obliged to receive, take over and capitalize on these products. The manufacturing unit responds for the damage caused as a result of non-delivery within the centre or the nearest purchase of the products, and the contracting beneficiary unit responds for the damage caused. the manufacturer as a result of the violation of the obligations provided 2. + Article 36 Delivery with anticipation of contracted products can only be done with the agreement of the parties, given prior to each delivery. In the case of machinery, machinery and installations intended for investment objectives, the anticipated delivery may be made only with the prior consent of the beneficiary and the contractor executing the assembly, stating that the purchase in devans of the machinery is economically justified, being assured the conditions for their installation and commissioning before the deadlines established by the approved technical-economic documentation, as well as with the prior agreement of the financing bank on providing funding sources. The late delivery of the contracted products can be done only with the prior consent of the beneficiary, who will be able to refuse to receive the products if due to the delay is unable to use them or would exceed the level of stocks normed determined according to law. In the cases provided in par. 2, the supplier is obliged to pay the beneficiary the penalties and compensation due, according to the law. + Article 37 The supplier is responsible for the products delivered until their receipt by the beneficiary. Teaching-receiving is done as follows: a) to the supplier, if the products rise by the beneficiary; b) to the beneficiary, if the products are sent by the supplier; the products shall be deemed to be received once they have taken over from the transport unit. On the date of receipt of the products the right of administration or property, as the case may be, shall be transmitted Transport organizations respond, under the law, to the sender, for the integrity of the products, until their surrender to the recipient. + Article 38 Penalties for violation of contractual obligations are those set out in Annex no. 2. Compensation owed by the supplier for the full compensation of the damage will also include the damage incurred by the beneficiary as a result of the penalties and compensation he paid to his beneficiaries due to non-execution or execution. improper of the contract concluded with the respective supplier. In this case, the limitation period flows from the date of payment of the penalties and compensation in question. + Section 2 Energy supply contract + Article 39 The contract for the supply of electricity and the contract for the supply of thermal energy have as object the delivery of electricity or heat from the supplier's networks, within the limits of the consumption norms established according to the law, Approved energy quantities. The parties will conclude the contract in compliance with the specific regulations on relations between suppliers and energy consumers, approved under the law. The takeover of electricity and heat from the networks of the supplier without contract or in violation of the conditions established by it shall be sanctioned according to the law. The supply of energy to a sub-consumer can be done on a contract basis and only with the supplier + Article 40 The units providing electricity and heat-producing or resale energy-are responsible for ensuring that consumers are supplied with the safety and quality conditions laid down in the contracts, as well as the installation, operation and maintenance of own facilities located at the consumer Also, the electricity or heat supply units are obliged to take measures for rational use and efficient use of energy by all consumers, for which purpose: a) pursue strict consumer employment in the approved powers and quantities of energy; b) control to consumers the rational use of energy and compliance with the conditions regarding the consumption regimes of electricity and heat established according to the law; c) limit or interrupt the energy supplied to consumers in the event of their non-compliance with the legal provisions. + Article 41 Electricity or heat-consuming units shall be responsible for the strict compliance with the approved energy and energy quantities and the rigorous compliance with the established consumption regimes. + Article 42 For the purpose of rational and efficient use of energy delivered, electricity-consuming units are obliged to ensure: a) the reduction of the powers absorbed in the hours of pregnancy, the leveling of the load curve, the compensation of reactive power; b) compliance with the technical prescriptions, preventing any disturbances or negative effects on the quality of electricity, especially by avoiding degradation and pollution, above the established limits, of electrical installations; c) correlation of the characteristics of the receivers, schemas, protections and electrical automation in the installations that hold them with those of the supplier's power plants. + Article 43 Thermal energy consumption units are responsible for taking the necessary measures to comply with established consumption regimes, refund of thermal agents to the quality and quantities provided for in the contract, recovery and recovery of resources Reusable energy resulting from technological processes as well as the use of new energy sources. + Article 44 Consumer units are obliged to lay off, under the law, the quantities of electricity or heat become available regardless of the cause. With the quantities laid off, the contract and the distribution shall be amended by law. + Section 3 Other contracts + Article 45 Contracts concerning the activity of scientific research, design, execution of construction-assembly works, service provision and others shall be concluded and executed in compliance with the provisions of this law and specific regulations areas of activity concerned. + Chapter 4 Contracts of foreign trade and international economic cooperation + Section 1 Conclusion of external + Article 46 In the field of foreign trade activity and international economic cooperation the socialist units are obliged to ensure, through the contracts they conclude, the intensification of external exchanges, the increasing participation of the Socialist Republic of Romania to the international division of labor, in accordance with the requirements of the economic and social development of the country, with strict observance of the principles of national sovereignty and independence, equality in rights and mutual benefit, non-interference in internal affairs. + Article 47 The activity of foreign trade and international economic cooperation shall be based on the following categories of contracts: a) external contracts with foreign partners; b) domestic economic contracts for the realization of export, import and international economic cooperation operations, concluded by the economic units producing goods for export or benefit of imports with the trade enterprises Outside. The contracts shall be concluded in accordance with the provisions of the plan, the long-term agreements, conventions or other international agreements to which the Socialist Republic of Romania is a party. The plants, economic ministries and the Ministry of Foreign Trade and International Economic Cooperation are responsible for covering external contracts of the export plan and taking the necessary measures to ensure the efficiency of trade operations outside what are the subject of contracts + Article 48 Goods producing units for export or import benefit, together with foreign trade enterprises, will take all necessary measures to ensure export orders in advance and for the conclusion of external contracts, in which purpose are required: a) to conclude contracts, especially in the long term, to give stability in economic relations with the other countries, to ensure in perspective the undoing on foreign markets of Romanian products, as well as the needs of the national economy in some subjects premiums, in terms of quality and technical level corresponding to international market requirements; b) to establish contractual relations so that at the date of approval of the annual economic-social development plan, its provisions on production for export, on international economic cooperation actions, as well as on imports, to be substantiated by contracts, to ensure the certainty of the production and technical-material supply; c) ensure the timely transmission of technical-commercial offers, taking into account the requirements of the external market and the need for superior valorisation and diversification of production for export, under conditions of high economic efficiency; d) ensure continuity in external relations, fair, mutually beneficial exchanges, promotion of new, effective forms of trade and cooperation. + Article 49 The manufacturing units have an obligation to assimilate, introduce in manufacturing and provide export products that ensure the superior processing and valorization of material resources in the country, have a high technical and qualitative level, capitalize on the conception technical-scientific own, in the form of licenses, technical documentation, technological engineering and complex deliveries. + Article 50 The external offer is drawn up by the plants, together with the foreign trade enterprises, and is approved by the economic ministry and the Ministry of Foreign Trade and International Economic Cooperation. In the case of exports of complex installations the offer is drawn up by the single supplier, under the conditions provided by law, and approved by the Council of Ministers. The provisions of this Article shall apply, accordingly, also for the approval of the conditions for participation of Romanian units at auctions abroad. + Article 51 Goods producing units for export and foreign trade enterprises have the obligation to analyze all export applications received, their refusal being made only in duly justified cases, with the approvals provided by law. + Article 52 The contracting of import goods is made by comparative analysis and negotiation of the offers of foreign partners or by issuing orders, taking into account the results of external market prospecting and optimal satisfaction of the requirements of the national economy. + Article 53 Complex exports-installations and other objectives executed abroad-are carried out under the conditions provided by decree of the State Council, through a system of external and internal contracts, concluded with the enterprise part of the contract external, single supplier, general contractor, designer and other economic units participating in the execution of products, works and services. The single supplier shall conclude the internal economic contracts with the units participating in the production of the complex + Article 54 Depending on the object of the commercial operation, external contracts may be sale-purchase, cooperation in production, execution of works, warehouse, warrant and trade representation, international transport and expeditions, technology transfer, tourism and others, practiced in international trade relations. At the conclusion of the export contracts of goods, export of complex machinery and exports will ensure that, as the case may be, depending on the specificity of the contract or external trade operation, as well as market conditions or Existing circumstances, those contracts shall contain the clauses of Annexes no. 6-8. The clauses in the external contracts on the conditions of loading and unloading of goods will be agreed by the foreign trade enterprises only with the agreement of the Romanian transport unit. In order to facilitate the conclusion and execution of external contracts, general conditions, type contracts, framework contracts and other forms of unification of commercial practices on the international market can be used. + Article 55 External contracts shall be signed by the director of the foreign trade undertaking or, as the case may be, of the establishment authorised to perform commercial operations on foreign markets, after their approval by the legal office and the exercise of preventive control. Export contracts for product deliveries shall be signed only after their prior approval by the director of the establishment to execute the products. After the conclusion of the contract, the director of the manufacturing unit is obliged to submit to the debate of the executive office of the working people council and put it in the discussion of the production sections, in order to take all necessary measures the execution of the obligations assumed. Provisions of para. 2 applies, if applicable, to units that perform the functions of general designer, general contractor or are technology holders. According to the law, external contracts are also signed by the general manager of the plant If the external contract is concluded in consideration of the production of a certain unit, its change can only be done with the agreement of the external beneficiary. + Article 56 External contracts, as well as their modification, are found in written form, in compliance with the conditions for the validity of conventions and are registered with the Ministry of Foreign Trade and International Economic Cooperation, Ministry Finance and at the Chamber of Commerce and Industry of the Socialist Republic of Romania. Contracts that have as object complex installations and objectives, products of high technicality and other goods established by the Ministry of Foreign Trade and International Economic Cooperation shall enter into force only after obtaining the authorizations and the necessary approvals, according to the law, within a maximum of 30 days, as well as the fulfilment of the other conditions provided for in this purpose by contract. + Section 2 Internal contracts for the implementation of external trade operations + Article 57 The relations between the manufacturing units and the foreign trade enterprises, for the conduct of foreign trade operations, shall be established, under the law, by economic contracts of commission, economic contracts of sale-purchase, execution of works or service provision and others. + Article 58 At the conclusion of the economic contract, the parties are obliged to determine a) the commercial operations to be carried out in its own name by the foreign trade enterprise, on account of the economic unit that has empowered it; b) the conditions of negotiation of foreign trade operations and the technical-economic documentation necessary to fulfill the authorized power; c) other elements for the implementation of relations between the parties. + Article 59 The conclusion or modification of the external contract, as well as of any other act, under conditions different from those offered by the manufacturing unit, shall be opposable to it only if it has been carried out with its prior consent or to the extent that it has confirmed. + Article 60 Economic contracts for sale-purchase, execution of works or provision of services and others shall be concluded on the basis of external contracts, within 10 days from the date of receipt of orders issued by foreign trade enterprises. Under the law, these contracts can also be concluded before external contracts. The contracts will include obligations in strict correlation with the corresponding external contracts. + Article 61 Domestic economic contracts for the realization of foreign trade operations are applicable to them, in relation to the specifics of foreign trade activity, the provisions of Chapters II and III of this Law. In the cases provided in art. 55 55 para. 2 and 4 domestic economic contracts for export are also signed by the directors of the plants in terms of providing the material base and the other conditions necessary to carry out the external contract. + Section 3 Execution of contracts of foreign trade and international economic cooperation + Article 62 The producer unit shall be responsible for the performance of the obligations established on its account by the acts concluded by the foreign trade undertaking, within the limits of the power Ministries, industrial plants and manufacturing companies will ensure at each production facility the programming and early launch of production, especially of the one intended for export. Foreign trade enterprises are obliged to transmit to the manufacturing units the orders and, as the case may be, the specifications necessary for the execution of external contracts, within 5 days from registration. The producer units shall be obliged to deliver the products intended for export no later than 10 days after their execution. + Article 63 Socialist units are responsible for the delivery of goods intended for export, in compliance with the quality conditions and their technical performance, to ensure the demanding quality control of the products from import, such as and the fulfilment of all the obligations they have undertaken through the contracts concluded. The obligations of delivery of products intended for export, as provided for in the economic contracts, remain in force throughout the period of validity of the commitments established in the relations with foreign partners and under the conditions laid down in the contracts concluded with them. The foreign trade units shall be obliged to ensure the full and timely collection of the price of the exported goods or, as the case may be, the receipt of the goods in return, as well as the realization of all other rights due to the contract. + Article 64 At the operations carried out on the basis of the commission contract the right to the goods and the corresponding risks shall be transmitted directly, under the conditions of the external contract, from the export-producing unit to the foreign partner or the import beneficiary unit, depending on the nature of the foreign trade operation. Foreign trade enterprises and banking financial bodies are responsible for the payment of goods for export, in compliance with the terms and conditions stipulated by the law. The beneficiaries of imports will pay the foreign trade enterprise the value of the imported goods, after customs clearance. + Article 65 In order to ensure the execution of export and international economic cooperation contracts, foreign trade enterprises together with the manufacturing units will establish programs for each contract, which will include measures on the realization products, organization of cooperation between enterprises, service and technical assistance. + Article 66 The Ministry of Foreign Trade and International Economic Cooperation and foreign trade enterprises will follow at plants and factories, how to introduce into manufacturing and export-contracted goods, as well as within the framework. actions of international economic cooperation, will determine the taking of operative measures to comply with contractual obligations and will not admit the delivery to foreign partners of products that do not meet the contractual conditions. For products intended for export, including in cooperation actions, in particular machinery, machinery, installations, to which the quality assurance of products, technical performance and operating behaviour are decisive in promoting exports, foreign trade enterprises will carry out quality control through specialized control bodies, on a contract basis. + Article 67 The Central Board of Workers ' Control of Economic and Social Activity and the General State Inspectorate for Product Quality Control are responsible for the organization and conduct of rigorous export goods control both in the process of manufacturing, as well as their dispatch, according to the contractual provisions. The technical quality control bodies in the units and those of the General State Inspectorate for Product Quality Control will control on manufacturing flows how to comply with technological processes, in order to avoid the production of goods Qualitative inadequate to the provisions of the contracts. + Section 4 Contractual liability + Article 68 The patrimonial liability of the parties for the non-execution or improper execution of the obligations assumed by the external contract is established by its clauses. Foreign trade enterprises will pursue the realization of compensation due to the violation of contractual obligations by the foreign partner. Compared to the foreign partner, the liability related to the conclusion and execution of the contract belongs exclusively to the foreign trade + Article 69 The producer units are responsible for all damages or expenses incurred by the foreign trade enterprises as a result of claims made by foreign partners and which are determined by the violation of the obligations assumed by these units by contract. Compensation established according to par. 1 is due only to the extent that they are not covered by penalties. + Article 70 Penalties for non-performance or improper execution of obligations in domestic foreign trade contracts are set out in Annex no. 9. + Section 5-a Common provisions + Article 71 The provisions of this chapter are also applicable to external or internal external trade and international economic cooperation contracts that have as their object works of works or services. + Chapter 5 Tracking the conclusion and execution of economic + Article 72 Socialist units are obliged to keep records of the conclusion and execution of economic contracts, according to the methodological norms established by ministries, other central and local bodies, with the opinion of the Ministry of Technical-Materials Supply and Control of Fixed Funds Management and Ministry of Foreign Trade and International Economic Cooperation, as appropriate. The economic ministries, the other central or local bodies and the plants will permanently watch how they end, execute and keep records of economic contracts by the subordinate socialist units and will take, immediately, the measures that it is necessary to remove the shortcomings found and to commit the responsibility of the persons guilty of violating the contractual discipline. + Article 73 The State Planning Committee, Ministry of Technical-Materials Supply and Management Control of Fixed Funds and Ministry of Finance will control at ministries, other central and local bodies, plants and enterprises, the work of conclusion and execution of economic contracts. On the basis of its own findings and information given by ministries and other central bodies, the bodies referred to in par. 1 will report monthly to the Council of Ministers, together with the Central Statistics Directorate, the stage of contracting and execution of economic contracts, as well as the measures taken to eliminate the deficiencies found. + Article 74 The Ministry of Justice will keep records of all the disputes between the socialist units with which the courts are notified, as well as those in which one of the parties is a Romanian unit, pending resolution to the arbitration bodies or other organs of jurisdiction in the country or abroad. The Ministry of Foreign Trade and International Economic Cooperation will communicate to the Ministry of Justice every foreign trade dispute. The Ministry of Justice has the obligation to report quarterly to the Council of Ministers on the deficiencies found and other aspects resulting in the resolution of disputes provided for in the preceding paragraphs. In terms of foreign trade disputes the reporting will be done together with the Ministry of Foreign Trade and International Economic Cooperation. At the level of each county, the records of disputes shall be provided by The obligation of quarterly reporting also lies with ministries, other central and local bodies, for disputes in their resolution competence. The settlement of these disputes is made in compliance with the methodological norms established by the respective body, with the consent of + Article 75 The Council of Ministers will consider on a monthly basis how to conclude and stage the execution of economic and foreign trade contracts, reporting about it according to the law. + Chapter 6 Tasks and responsibilities of the working staff + Article 76 Working people, as owners, producers and beneficiaries, respond, according to the tasks they meet, to comply with the plan and contractual discipline in the units to which they belong, in which purpose they mainly return the following Tasks: a) to substantiate the technical-economic orders and to issue them within the deadlines provided by law; b) to take measures for the conclusion of contracts under the terms and conditions established by law, in compliance with the plan tasks; c) to draw up all the works related to the contracting, the registration of contracts and their record, to develop the draft contract in strict compliance with the legal provisions and with an appropriate content, to ensure the execution obligations; d) to carry out their tasks regarding the realization of the contracted products, their quality assurance, the observance of delivery times, the packaging conditions, the reception, the full realization of the obligations assumed by the unit by contract. + Article 77 The members of the executive office of the working people's council are responsible for establishing the necessary measures for the timely conclusion of domestic and foreign contracts, as well as for the delivery of products, the execution of deadlines and in compliance with the other clauses provided for in contracts. The liability of the members of the Executive Office shall not exclude that of the Director and the Chief Accountant in the employment of + Article 78 The staff responsible for the contractual discipline are required to ensure that the delivery of products, the execution of works or the provision of services between the socialist units should be made only on the basis of a contract. The violation of this obligation attracts the transfer of the amount representing the price to the state budget, as well as the direct liability of the person guilty for the damage thus brought to + Article 79 The violation of the contractual discipline attracts material, civil, disciplinary, contravention and criminal liability, as the case may be, of the guilty person. + Article 80 The damage caused to socialist units by paying penalties and compensation as a result of the violation of obligations assumed by contracts is recovered, under the law, from the guilty persons. The heads of the units are directly responsible for taking the necessary measures in order to establish the guilty persons, to hire their responsibility and to recover the damage operative. + Article 81 The damages resulting from the violation of contractual obligations which, according to the law, are not attributable to persons, shall be borne as follows: a) 60 percent of the negative influences, resulting from penalties and paid compensation, shall be recovered from the fund of participation of working people in the production, benefits and benefit-sharing, determined on the basis of quotas established by law. The councils of working people in enterprises and plants will determine, on each collective of working people, the amount with which the fund to participate in benefits is reduced in relation to the liability that lies with them for violating the contractual obligation that had as a consequence the payment of penalties and compensation; b) the difference of 40 percent of negative influences, resulting from penalties and paid compensation, shall be withheld from the total benefit of the enterprise or plant, as the case may be, before the determination of the benefit of apportionment according to the law. + Article 82 Violation of contractual discipline attracts, according to the law, the disciplinary liability of the guilty person. Depending on the seriousness of the act, the circumstances in which it was enjoyed and the degree of guilt, against the guilty person can be taken the measure of dissolution of the employment contract, relegation to office or category, reduction retribution and driving allowance, as well as other disciplinary sanctions provided for by law. + Article 83 Apart from the disciplinary sanction, the violation of the contractual discipline also attracts the contravention liability of the guilty person. The following facts are contraventions, if they were not enjoyed under such conditions, according to the criminal law, to constitute crimes and are sanctioned as follows: I. With a fine of 6,000 to 15,000 lei: a) the launch into manufacturing of products that did not ensure the sale through contracts; b) supply of materials and products for the realization of a production without an assured sale or supply of machinery by the beneficiary in violation of the law; c) unjustified refusal to conclude economic contracts or refusal to adapt them according to the legal provisions; d) acceptance of the export delivery of products of improper quality by the control bodies of the General State Inspectorate for Quality Control of Products; e) failure to present at the reception of agrootechnical products or the refusal of their receipt, in violation of the 35 35 para. 2. II. With a fine of 2,000 to 6,000 lei: a) failure to take measures to organize the conclusion of economic contracts; b) failure to take measures to prosecute the execution of contracts by the bodies under which the contracting parties are located; c) non-compliance with the deadlines and modalities of contracting and resolving any objections or misunderstandings, established according to art. 8 8; d) the distinct non-specification in the specifications, the repartitions, contracts and in the other documents regarding the contracting, execution and delivery of raw materials and materials, of quantities intended for production for export; e) non-registration of contracts. The finding of contraventions and the application of sanctions shall be made by the personnel empowered by the heads of ministries or other central bodies, by the executive committees of the county folk councils and of the city of Bucharest and by the directors-general of the plants, for the contraventions enjoyed in the subordinate units, as well as by the heads of the Ministry of Technical Supply-Materials and Control of the Management of Fixed Funds, Ministry of Finance or The Ministry of the Interior, as the case may be, for contraventions enjoyed in any unit or organ, regardless of subordination. The finding agent has the obligation to refer also the management of the unit to which the guilty person is framed, in order to apply the disciplinary sanction. Against the minutes of finding the contravention you can make the complaint, which is submitted to the body to which the ascertaining agent belongs, together with the copy of the minutes of finding the contravention, within 15 days from the date its communication. The provisions of this Article are completed with the provisions of Law no. 32/1968 on establishing and sanctioning contraventions. + Article 84 It constitutes a crime the following facts, savirsite under the conditions 248 248 or art. 249 of the Criminal Code, if they produced a particularly serious disturbance to the activity of a socialist organization or a damage to the national economy: a) the production of products that did not ensure the disposal through internal or external contracts; b) making supply for production in violation of the law; c) non-performance or improper performance of contracts; d) contracting without distribution of products for which material balances are approved; e) failure to take measures to execute economic contracts by staff within the bodies under which the contracting parties are located; f) failure to present at the reception of agrootechnical products or the refusal of their receipt, in violation of the 35 35 para. 2. The enjoyment of the facts provided in par. 1 shall be punished according to the provisions of 248 248 para. 2 or, as the case may be, art. 249 249 para. 2 of the Criminal Code. + Chapter 7 Final provisions + Article 85 The provisions of this law are supplemented by the provisions of the Civil Code in so far as they are not contrary to the present law or the nature of the relations between the socialist units + Article 86 Within 30 days of the publication of this law, the Council of Ministers will ensure the fulfilment of its obligations according to art. 8 8 and 10. Also, in the same term, the State Planning Committee, the Ministry of Technical-Materials Supply and the Control of Fixed Funds Management and the Ministry of Finance will establish the methodology for recording economic contracts. For external contracts, the registration methodology shall be established, within the same period, by the Ministry of Foreign Trade and International Economic Cooperation together with the Ministry of Finance. The registration and pursuit of the execution of state secret contracts and those in which one of the parties is a unit of the armed forces shall be made under the conditions established by the superior hierarchical central organ of the manufacturing unit, executors of works or service providers, with the consent of the State Planning Committee and the Ministry of Finance, as well as, as the case may be, of the Ministry of National Defence, the Ministry of the Interior or the National Committee on Science and Technology. + Article 87 The provisions of this law shall also apply accordingly to cooperative and public organizations. Also, the provisions on the economic contract also apply to cooperation actions between state and cooperative units. + Article 88 The supply and production activity carried out by the special education, protection and social assistance units is exempted from the provisions of this law. + Article 89 Annexes 1 to 9 are an integral part of this Law. + Article 90 This law shall enter into force 30 days after its publication in the Official Bulletin. On the same date is repealed Economic Contract Law, no. 71/1969 ,, as amended, Decree of the State Council no. 142/1970 on the establishment of the maximum fine for contraventions to the rules on contractual discipline, as well as any other provisions to the contrary. + Annex 1 NOMENCLATURE economic contracts that are also registered with the Ministry of Technical-Materials Supply and Management Control of Fixed Funds, the State Planning Committee and the Ministry of Finance 1. At the Ministry of Technical Supply-Materials and Control of the Management of Fixed Funds are registered economic contracts concluded between the socialist units providing and benefiting for the following raw materials and basic materials, with a role Acting in the performance of physical plan tasks and in particular of export: The product -------- Supplier ---------- Beneficiary ------------ -coking coke-mining units-steel plants-coal coal-mining units-coal-fired power plants-titanium-oil transportation enterprise by pipeline Ploiesti-the petrochemical plants-natural gas (raw material)-methane gas plant Medias-chemical plants-refractory clay-mining units-enterprises producing refractory materials -pirity-mining units-enterprises sulphuric acid-concentrates copper-mining units-non-ferrous metallurgy units -collective lead and zinc concentrates-minier units-non-ferrous metallurgy units -zinc concentrates-mining units-non-ferrous metallurgy units -lead concentrates-units miniere-units of non-ferrous metallurgy -sheets of thick, medium-sized steel and thin-steel plant Galati-units producing technological equipment -Enterprise "Inox" Tirgoviste-shipyards-wagons enterprises -enterprise of trucks-tractors undertakings -enterprises of cars-enterprises of electric motors and transformers -laminated profiles of steel-Steel plant-enterprises manufacturing of technological equipment-Steel plant Resita-enterprises manufacturing of bearings-Combine of special steels Tirgoviste-enterprises producing bearings-energy producing steel pipes for pipe enterprises "Republic", Roman, Iasi, Zalau-enterprises of boiler chemistry and petrochemical -aluminum-aluminum enterprise Slatina-enterprises from the electrotechnical and electronic-copper electrolyte industry-Non-ferrous metals enterprise Baia Mare-enterprises of the electrotechnical and electronic industry-machinery, machinery, equipment, installations and technological lines, including appliances measure and control, for investment objectives whose order note is approved by decree presidential-enterprises producing utility-enterprises of investment plan-fiber and chemical yarns-enterprises producing fibre and chemical yarn-textile enterprises -granules P.V.C. producatoare-enterprises producing, processing plastics under the plant profiling-enterprises of cables and electrical conductors -conveying conveyors of rubber-enterprises producing strips of rubber-mining equipment mining enterprises 2. The State Planning Committee shall register: a) the contract concluded by the beneficiary with the general contractor for the investment objectives whose order note is approved by presidential decree; b) delivery contracts of machinery, machinery, equipment, installations and technological lines, newly nominated in the plan for assimilation. 3. Contracts provided for in item 1 and 2 are also registered with the Ministry of Finance. NOTE: The nomenclature of economic contracts that are registered with the Ministry of Technical-Materials Supply and Management Control of Fixed Funds and at the State Planning Committee will be updated annually, with the approval of the single national plan of economic and social development. + Annex 2 PENALTIES FOR NON-PERFORMANCE OR IMPROPER PERFORMANCE OF ECONOMIC CONTRACTS Penalties for non-performance or improper execution of obligations assumed by economic contracts are as follows: 1. for each day of delay of the execution of the obligation, for the duration corresponding to the pregnancy in the annual plan, 0.1% in the first 10 days, 0.2% in the next 20 days and 0.3% in the period exceeding 30 days, until the date of execution in the nature of the performance, the waiver by the beneficiary thereof according to the law or the impossibility of execution of the obligation due to force majeure, if the delay is with regard to: a) handing over or, as the case may be, the lifting of the products, taking over b) the presentation at the deadlines set out in the contract of the specifications or details necessary for the execution of the contract, as well as, in the case of technological machinery and complex installations, the handover to the agreed deadlines the whole objective or on the assemblies and sub-assemblies that run independently; c) the making available of packaging by the beneficiary when, according to the contract, this obligation lies with him, or the return in term of packaging, palettes, containers, palletization accessories-pachetization and other similar means. The penalty is calculated, in the case referred to in lett. a), at the price of the product, the work or the late performance, in the case provided by lit. b), at the price of the product, work or performance that could not be executed, and in the case provided in lett. c), at the price of the unrealized benefit due to packaging that has not been made available or at the price of packaging, palettes, containers, palletization accessories-pachetization and other similar means, in case of non-return; 2. For non-compliance with the method of performing the reception or self-reception, 2% of the price of the product, the work or the performance to be received, if the penalties for the delay of the execution of the obligation according to the 1 lit. a); 3. for the non-execution in kind of the obligation assumed by the contract, at the expiry date of the duration corresponding to the performance of the annual plan, 8% of the price of the unexecuted product, 4. for breach of obligations relating to: a) marking, stamping, labeling or sending delivery documents that must accompany the transport documents, 1% of the price of each such delivered; b) sending quality certificates, analysis bulletins, instructions for use or technical book of the product and warranty certificates, 2% of the price of each lot so delivered; 5. for each day of delay of the payment of the price, from the date when it is due until the payment is made, 0.1% in the first 10 days, 0.2% in the next 20 days and 0.3% in the period exceeding 30 days, of the amount to be paid; this provision applies also in the case of delay of the refund of the guarantee for the packages returned by the beneficiary to the supplier; 6. for each day of unjustified refusal of payment of the price or non-refund of an amount collected, without entitlement, from the date of refusal until the date of payment, respectively from the date of collection of the amount not due until its refund, 0.3% of the amount of the unpaid price or the unrepaid amount, as applicable. The parties will be able to establish by contracts higher penalties than those provided for in this Annex, as well as the application of penalties for violation of other obligations than those provided for in item 1-6, taking into account the specificity of the economic relations for which the contract concluded. + Annex 3 MAIN CLAUSES OF THE CONTRACT ON THE SUPPLY OF PRODUCTS The product supply contract must contain the following main clauses: a) the contracting parties, by specifying the full name of the headquarters, the superior hierarchical bodies of the parties, the name and surname of the persons who sign, according to the law b) the object of the contract, determined by the full name of the products and indication of their technical-functional characteristics; c) the quantity, assortments, types and dimensions of the contracted products, as well as the quality conditions and the constructive and technological adaptations and improvements to be made to them; d) the calendar dates of delivery, as well as the corresponding quantity staggered, for years, quarters, months, decades, weeks or days, as the case may be; e) the prices or tariffs in force at the time of conclusion of the contract, approved by the law bodies; prices and tariffs will be able to establish, under the law, and at a later date the conclusion of the contract, following the first delivery to be made on the approved price base f) the terms and conditions of payment; g) the modalities and conditions of delivery, packaging, marking, labelling and expedition; h) the ways of reception and self-reception with the indication of the methods of determining the quantity and finding the quality of the contracted products; i) the means of carrying out technological evidence, the forms of technical assistance and the guarantee regime; j) optimised transport relations established, according to the law, based on pre-optimization calculations, ensuring the reduction of transport distances, the elimination of unnecessary transport, the classification in approved sales areas; for the balance products the coordinators are responsible for the optimisation of transport to the issue of k) contractual responsibilities of the parties; l) restrictive conditions for the delivery of raw materials, materials and new products according to the degree of achievement of the tasks of teaching reusable materials; m) any other clauses necessary for the execution of the obligations assumed by the contract. + Annex 4 NORMATIVE on the terms of delivery by the beneficiaries, before the plan year in which the delivery, orders and technical control documentation are requested, for machinery and machinery with longer periods of technical and organizational training Product group-in months-of orders and technical documentation before the plan year for deliveries requested in: Semester of ISem2nd II 123 I. Machinery to be executed after execution projects 1.Technological machinery and machinery for the metallurgical industry (agglomeration plants, cocsochemicals, blast furnaces, converters steelworks, rolling mills and the like) 6 (8) 3 (8) 2.Technological machinery for the chemical industry, crude oil processing, reed, paper, cellulose (plant) electrolysis, preparation of sulphuric acid, nitric, desulfurars, pyrolysis and the like) 6 (8) 3 (8) 3.Machines and technological machinery for the construction and refractory materials industry (cement lines, plants for refractory products), machinery and machinery for the wood industry, agglomerate6 (8) 3 (8) 4.Machines and technological machinery for plants in the food and complex agrootechnical industry6 (8) 3 (8) 5.High for high, transported and96 6.manipulated Machines and machinery for mining works (haldat plants, rotor excavators and (8) 3 (8) 7.Centrifugal pumps with high complexity and with special electric motors of which:-categories III, IV (special pumps) 1310-categories V, VI and VII (heavy pumps) 1512 8.Industrial ventilators (equipped with special electric motors) 1512 II. Machinery that is executed after technical questionnaires 1.Thermoenergetic steam boiler of 1035 t ab/h2118 2.Thermoenergetic steam boiler of 525 t ab/h189 3.Steam boiler of 105-420 t ab/h129 4.Rest industrial steam boilers and special parts96 5.Boilers hot water for thermofiction96 6.Steam turbine 600-700 MW2924 7.Steam turbine of 330 MW2318 8.Steam turbine of 50-100 MW2118 9.Rest steam turbines 10.Hydraulic turbine of 23,5 MW Francisc219 11.Hydraulic turbine of 20-40 MW Kaplan189 12.Rest hydraulic turbines-129 13.Synchronous electric motors for energy machinery and speciale129 14.Machines and machinery for geological research, drilling and exploitation of sondelor129 III. Machinery that is ordered by the catalogues of the supplier enterprises 1.Motor Diesel semirapid diesel and lent96 2.Machine-tools aggregate63 3.Elements for construction and metal confections typified and reusable NOTE: 1. In complex machinery, the delivery period means the year of plan in which the completion of the delivery is provided. 2. The terms in parenthesis apply only when imports are required for the realization of the products. + Annex 5 THE MAIN CLAUSES OF THE CONTRACTS ON COMPLEX SUPPLIES MADE THROUGH COOPERATION I. Contracts between the general supplier, and the main supplier, and the beneficiary will include, in addition to the general clauses regarding the supply contract, the following specific clauses: a) the delivery of machinery, sub-assemblies and equipment to the deadlines set out in the schedule of the investment staggered and under the conditions established in the approved documentation; b) the quality of the furnaces and the operation of machinery, equipment, installations and technological lines to the approved parameters; c) the conditions for the granting of technical assistance to the assembly, to the performance of technological samples and to the commissioning of capacities; d) the delivery of the first equipment parts and the documentation for the execution of the spare parts, under the conditions established according to the law; e) the schooling and training of the personnel of the equipment, installations and technological lines delivered; f) any other clauses necessary for the full fulfilment of the object of the complex delivery under the direct liability of the general or principal supplier, as the case may be. II. The cooperation agreement between the general supplier or the main supplier and the specialised units shall be consistent with the terms of the contract concluded with the final beneficiary and correspond to the provisions of the approved cooperation programmes, for which purpose they will include clauses to ensure; a) the rhythmicity of deliveries of component parts, parts, assemblies and subassemblies, in accordance with the deadlines set for the execution of complex delivery; b) the quality of the products delivered in cooperation, in compliance with the technical-constructive documentation of the object of the complex delivery; c) technical assistance and, where appropriate, the provision of specialized services; d) the establishment, under the conditions provided by law, of the guarantee regime for all cooperating suppliers; e) the classification of the production costs of the suppliers in the provisions of the revenue and expenditure budgets at all the cooperating units. + Annex 6 MAIN CLAUSES OF THE GENERAL COMMODITY EXPORT CONTRACT The external contract must include, depending on the specificity of the goods and market conditions, the following main clauses: a) the contracting parties, by specifying the exact name, the headquarters, the full address, the legal status of the purchasing company, as well as the name and quality of the representatives empowered to sign the contract; b) the object of the contract which will include the full name of the goods, indicating the elements necessary for the determination of the product; c) quantity and quality, with indication of the unit of measurement, of the place, timing and manner of determination thereof, of the document certifying the quantity and quality, as well as of the packing and marking conditions; d) delivery times, with the stipulation of the final delivery period or the date of delivery, as the case may be, of the staggered of deliveries, of the conditions under which the set delivery times and the documents certifying the date of delivery may be modified; e) the total price and value, the establishment of the unit price linked to the delivery condition; f) payment conditions, by letter of credit and other usual modalities, specifying the way of guaranteeing the payment, of the moment and place where the price is collected, of the responsibilities and sanctions in charge of the buyer for non-compliance payment obligations at maturity or delivery, as the case may be, and of the documents necessary for the payment; g) the condition of delivery, as well as the determination of the moment when the risks are transferred to the commodity from the seller to the buyer, the buyer's obligation to take over the goods and the conditions of dispatch, loading-unloading and transport; h) complaints, with the establishment of the conditions and deadlines in which complaints can be made by the buyer; j) clauses of exoneration of liability of the seller, by defining force majeure, of the way of finding and notification and other causes of exoneration; j) the way of dispute resolution, the determination of disagreements subject to arbitration; k) the obligation of the buyer to take over and pay the price of the goods, as well as the other obligations of the parties arising from the nature of the contract, the specificity of the goods and the regulations applicable to the contract, which + Annex 7 MAIN CLAUSES OF THE EXPORT CONTRACT OF MACHINERY The export contract of machinery must contain, outside the clauses concerning the general goods export contract, and the following specific clauses: a) the description of the machine, its main technical-functional parameters, the indication of the standard or technical documentation on the basis of which the machine was executed; b) the specification of the technical book or, as the case may be, of other technical documentation related to the machine, necessary for its assembly, operation, maintenance and repair; c) the price, taking into account, as the case may be, the cost for technical assistance at the assembly, the service during the warranty period, the set of tools and spare parts of the first equipment, the schooling of the operating personnel and others; d) the payment methods, such as to ensure the takeover of the machine, on the basis of advance, payment staggered according to the execution of the machine and the like; e) the obligation of the buyer to take over the term equipment and its responsibilities for the installation, operation, maintenance and repair of it during the warranty period, in compliance with the documentation of the seller; f) specifying the appropriate means of transport, in particular in the case of agabaritic machinery; g) the specific conditions of payment for the staggered delivery by lots or for deliveries in advance; h) the limits of the guarantees offered by the seller, as well as the conditions and terms in which the buyer can make requests under the agreed guarantee; i) how to bear the damage caused to the seller due to the termination of the contract by the buyer, for whatever reason, or its fault; j) the obligations and responsibilities of the buyer for the insurance and guarantee of the industrial property right of the seller; establishment of the conditions and modalities of payment for improvements to the machine; k) the conditions for the insurance of technical assistance, service and spare parts during the period of postguarantee. + Annex 8 MAIN CLAUSES OF THE COMPLEX EXPORT CONTRACT The complex export contract must include, depending on the specific export and market conditions, the following main clauses: a) the contracting parties, by establishing the name, their headquarters and their full address, the legal status of the buyer, the name and the quality of the representatives empowered to sign the contract, as well as any other necessary elements for concrete and precise determination of the contracting parties; b) the object of the contract, by specifying the complex installation, aggregates, equipment, construction-assembly works, geological prospections, drilling, mining, land improvements, factory or plant turnkey, projects and technical documentation and other agreed objectives, with the establishment of all the essential elements for the detailed definition of their content, including design, services, benefits, technical assistance and service within and outside the period guarantee, tuition and others; c) the delivery times, respectively the execution, the establishment of the coordinating chart and the possibility of extending the agreed deadlines, including the fixing of the provisional reception term by stages-category of works or deliveries-as well as the final reception; d) the total price, broken down by categories of works and deliveries, services and benefits, correlated with the agreed delivery condition, aiming to include, as the case may be, the cost of technical assistance at assembly, service during the warranty period, schooling of the beneficiary's staff and other related expenditure; e) the modalities and conditions of payment, with the establishment of insurance payment instruments by categories of deliveries, works, respectively services and benefits such as advance, share on delivery, provisional reception and upon expiry of the warranty period, as well as the establishment of the documents necessary for the performance and collection of the price, with ways of guaranteeing the payment by letter of guarantee or otherwise; f) the obligations of the purchaser relating, as the case may be, to the provision by him of the basic documentation for the objective, to the making available to the Romanian side of the site free of any task, with all the necessary facilities, to the endorsement by beneficiary, in term, of the projects and the guarantee that they meet the requirements of the local legislation, at the disposal of the seller of equipment, machinery and materials on the local market, to obtain the necessary permits, according to the legislation local, for the realization of the complex export with the transport insurance local and other; g) the conditions of delivery, packaging, marking, expedition and transport, with the specification of the way of transfer of risks and of property respectively; h) the obligations of the buyer related to the support of fees of commissions, taxes and other expenses locally, related to the execution of the contract; i) the complaints, the setting of the conditions and deadlines within which the purchaser may make requests, within the framework of the agreed guarantee, as well as the clauses for the exemption from liability of the seller; j) how to bear the damage caused to the seller for the termination of the contract by the buyer, for whatever reason, or its fault; k) guaranteeing the right of industrial property of the seller, the corresponding obligations and liabilities of the buyer, including for further refinements to the machinery or other products sold in the framework of the complex export; establishing the conditions for the sale of products manufactured with equipment delivered in the context of the complex export; l) the conditions for the insurance of technical assistance, other services and supplies of spare parts, during the period of postguarantee; m) how to resolve disputes and disputes, including on the way of arbitration; n) other obligations of the parties arising from the nature of the contract, the specifics of the complex export and the regulations applicable to the contract, which ensure the maximum efficiency + Annex 9 PENALTIES FOR NON-PERFORMANCE OR IMPROPER PERFORMANCE OF DOMESTIC FOREIGN TRADE CONTRACTS 1. Failure or improper performance of the obligations provided for in the economic commission contract shall have as a consequence the payment, by the party at fault, of the following penalties: a) for non-compliance with the deadlines for submitting the technical-economic documentation, established by contract, including the documents necessary to collect the value of the goods delivered, 100 lei for each day of delay; b) for the unresolved by the producer unit of complaints, claims for damages or penalties, formulated by foreign partners, within the deadlines provided for in the external contract, 0.03% per month, calculated at the value of the goods complained claims made; c) for the overtaking by the foreign trade enterprise of the term stipulated in the economic commission contract for the launch of external offer requests, as well as for the violation of the deadline for the transmission of external complaints, 0.01% for each delay decade, calculated at the value of the specified specification, technical sheet or external complaint; d) for non-compliance with the term of knowledge of the manufacturing unit on the impossibility of execution of the external contract due to force majeure or from the fault of the foreign partner, 50 lei for each day of delay; e) for the unjustified refusal of the foreign trade enterprise to settle the value of the exported goods in the term, 0,3% for each day of delay. The delay in making the commission payment is penalized according to the legal regulations regarding the non-payment of the price. If the damage caused by the breach of a contractual obligation is not covered by penalties, the party at fault will pay damages in addition, until its full coverage. 2. Failure or improper performance of the obligations assumed by the economic contracts of delivery for export shall entail for the part at fault the payment of double the penalties provided for in Annex no. 2. For the remission with delay by the producer unit of the documents necessary to collect the value of the delivered goods, the penalty provided for in item 1 lit. a). Provisions of para. 1 is also applied in the case of commission contracts, the amounts collected to be paid to the state budget. ---------------------