Law No. 3 of 30 March 1988 on the conclusion and execution of economic contracts ISSUING NATIONAL ASSEMBLY and published in OFFICIAL GAZETTE No. 18 of April 2, 1988 Strengthening of workers ' self-management, economic and financial self-administration and autofinantarii of each unit, enhancing the role of Socialist collectives of working people at the helm of the entire economic and social lives, require continuous improvement of contractual relations between Socialist units, increasing their participation and responsibility in carrying out the tasks and objectives set out in the programmes for the development of the national economy.
Economic contract, the basic tool for regulating relations between Socialist units in order to hold and diversification of deliveries of products, execution of works and provision of services, should lead to a reduction in terms of supply and outlets, employment rules for stock and economic and financial standards approved, accelerating the speed of rotation of the overheads, use with maximum efficiency of fixed funds of all material assets and money order and discipline, the strengthening of the relations between Socialist units.
In the business of foreign trade contracts must ensure the intensification of foreign economic exchanges, increasing the participation of the Socialist Republic of Romania at the international division of labour, in accordance with the requirements of economic and social development of the country.
Improvement of the contractual relations between Socialist units should lead to the realization of the provisions of the single national economic and social development, the strengthening and development of Socialist property, as well as picking up on this basis, the level of material and spiritual living of working people.
In order to establish the general framework for the conclusion and execution of economic contracts, ensuring order and discipline in carrying out contractual relations between Socialist units, improvement of workers ' self-management, proper self-administration and autofinantarii of each unit, National Assembly of the Socialist Republic of Romania adopts this law.
Chapter 1 General provisions Article 1 the people working, as owners of the means of production, producers and beneficiaries of all material and spiritual assets of the company, the entire responsibility for the efficient management of the patrimony of the Socialist Party, the performance of the tasks and objectives of the national plan's unique economic and social development and their own programs establish and conduct relationships, contractual Socialist units in accordance with the requirements of development of the various sectors of activity and in compliance with legal provisions.
Based on the principles of workers ' self-management Socialist democracy, and every man of the artists respond in the face of labour or work for carrying out the tasks incumbent on it and, along with the entire community, for the good of the General activity of the unit.
Council of working people, as 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 for the establishment and conduct of relations between Socialist units in accordance with the objectives of economic and social development, the performance of the obligations arising out of 325 contracts, strengthening law and order and discipline in the entire business.
Article 2 specialisation, production, integration and profiling in the Division of labour between the branches, subramurile and sectors of national economy shall ensure the increase and diversification of production, works and services, improvement of technical and qualitative level, based on the newest achievements of science and technology, improvement of the contractual relations between the Socialist units.
In the development of economic relations between them, have an obligation to act on socialist, in particular, to:-the realization of physical production, raw materials, energy and finished products in assortment and the quality specified in the single national economic and social development, the standards and contracts;
-realization of export production in compliance with contractual provisions strictly;
specialization of production and development-cooperation;
-fulfilment of investment plans and programs, repairs and upgrades, as well as those of research, technological development and investment project;
-technical-economic indicators approved production capacities to put into service;
-carrying out programmes for the recovery and reuse of raw materials, spare parts and sub-assemblies;
-reduced energy consumption norms, improving the coefficients of usage, and increase the use of raw materials, fuels and energy;
-raising technical and qualitative products, increasing their reliability in order to be competitive with the best similar products worldwide;
-increase labour productivity, implementation of the programmes of the Organization and to modernize production processes, compliance with the rules and regulations of the stock of economic and financial profitability increase approved and all sectors of activity and of economic efficiency.
Article 3 the manufacture of products, execution and provision of services for internal and external recipients are made only on a contract basis, under the present law.
Socialist units are obliged to conclude contracts in strict conformity with the provisions of the plan, with respect to consumer rules strictly and stock and other indicators approved under the law as well as economic and financial norms, to ensure full and efficient use of production capacities, reducing consumption of raw materials, fuels and energy savings in all sectors of activity.
For export production, ending contracts according to the existing capabilities of production, in order to exploit the superior raw materials, fuels and energy, through the development of high-quality products and technical level and through the disposal of their foreign market profitably.
Article 4 the contract shall be terminated according to the principles of workers ' self-management, self-administration and autofinantarii and should ensure full production, contraction of the volume of works and provision of services laid down in the plan, the full use and with maximum efficiency of production capacities, technical-material base and workforce of Socialist units.
Production intended for domestic consumption shall be contracted on the basis of integral plan approved by Decree of the State Council, up to 1 October prior to the commencement of the execution of the plan.
Ministries, other central executive bodies, the committees of the District Councils and the popular Bucharest, power plants, businesses and other socialist responsible for taking the measures necessary for the enforcement of contractual obligations very closely.
Article 5 in the execution of contracts, establishments are obliged to launch into manufacturing, to execute and deliver products in the assortment, quality, quantity and due dates, with strict observance of the norms of the legal provisions established according to stock.
The standard medium for finished products intended for domestic consumption, for five days, the ministries and businesses plan for single national economic and social development.
Article 6 Socialist Units shall conclude supply contracts only for products that have provided the disposal.
It is prohibited to launch into manufacturing of products which are not insured through contracts or dissolution orders for domestic consumption or on the external market.
In accordance with the law, shall enter into manufacturing goods which are subject to stock market transactions and auctions, as well as other measures justified on external market demands, on the basis of the contract of sale and purchase agreements with foreign trade enterprise, before the conclusion of the contract.
Chapter 2 general status of economic contracts section 1 economic contracts Article 7 economic Contracts shall be concluded by the agreement of the parties, by enterprises or other units, legal times Socialist units without legal personality within the limits of empowerment representation.
For new units, intended to be put into service after the date of approval of the plan, economic contracts concerning the disposal of production and material and technical supplies shall be concluded by the central or other socialist units subordinated to these to work. After setting up new units become law, parties in the contract.
Article 8 the contracts end in strict accordance with the provisions of the plan and the deadlines laid down by law, under the supervision and guidance of, ministries, other Central and local bodies to which the parties.
The steps and procedures for contracting and resolution of any objection or dispute shall be approved by the Council of Ministers, on a proposal from the State Planning Committee and the Ministry of Supply and material management and Control of funds.
Economic contracts shall be concluded for the duration necessary for the tasks and objectives of the five-year or annual plans, as appropriate, as well as special programmes approved under the law.
In the case of products for which the diagnostic material, contracts shall be concluded on the basis of the distribution. The allocation is mandatory throughout the pregnancy.
Article 10 Socialist Units are obliged to establish, through contracts they conclude all the terms necessary to regulate, in accordance with the law, the relationship between them, observing the model contracts drawn up by branches, by group of products or categories of works and services.
Model contracts are drawn up by the ministries, other central executive bodies, the committees of the District Councils and the popular Bucharest, for branches or their fields of activity, with the opinions of the ministries, other Central and local bodies concerned, the State Planning Committee, Ministry of finance and Ministry of Supply material and Funds Management Control; for internal contracts foreign trade economic opinion is given by the Ministry of foreign trade and International Economic Cooperation.
Model contracts shall be approved by the Council of Ministers.
Article 11 Socialist Units are obliged to establish contractual relations in written form. Order confirmed in writing in a period not exceeding 15 days or its execution immediately equates to contract.
Economic contracts shall be signed by the head of unit and Chief Accountant, after advising their legal office and-if necessary-by Chief Technical Officer, quality inspection and control.
Article 12 In economic contracts cannot be contained clauses contrary to the law. Ordering clauses offending are void and replaced with appropriate provisions of the law.
The contract shall be entirely void if only replacing NULL clause is not possible.
The products for which the diagnostic material, contracts concluded without distribution are void and attract the liability of persons convicted.
Section 2 registration of economic contracts Article 13 economic Contracts shall be recorded by the supplying establishments-currently executing works or provide services at the central or local central body times that these units are directly subordinate to them and the financial bodies.
Contracts concluded by the supplier, producing executanta-works or providing services shall be registered at the Ministry, another central organ or local level upwards, and financial bodies.
Contracts for goods and works referred to in the annex. 1 registering with the central ministries, other central organs hierarchically superior or local units referred to in the preceding paragraphs, as well as from the Ministry of Supply and material management and Control of funds, the State Planning Committee and the Ministry of finance.
Article 14 registration of contracts is made at the request of the supplier, respectively producing unit, currently executing works or providing services shall, within 10 days after their conclusion.
Are subject to registration and amendments to contracts, including taking over the law, the execution of the contract by another unit.
Section 3 of the amendment of economic contracts article 15 amendment or denunciation of unilateral contracts is prohibited.
Article 16 the parties may modify their contract agreement. In the case of items laid down in the act of planning, changing them can be done only on condition of a prior amendment, according to law, the Act in question.
The unit has requested the modification is required to bear economic consequences arising from this.
Article 17 the parties are obliged to adapt the contract according to the amendments, according to the law, 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 event of orders or new export contracts, for national economy, power stations and ministries holding plan, together with the State Committee of the Ministry of Planning, Purchasing and material management and Control of funds and the Ministry of foreign trade and International Economic Cooperation, will lay down measures for the implementation of these orders or contracts, with a corresponding adaptation of domestic economic contracts concluded.
Section 4 execution of economic contracts article 19 Socialist Units are obliged to execute contracts in nature, observing exactly the physical quantities, quality, range, time-limits and other obligations, giving priority, in accordance with the law, execution of the products intended 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 appropriate measures at their disposal possibilities in order to avoid any damage.
The bodies of collective leadership, managers and other leading cadres responsible for ensuring conditions and determining measures for enforcing contracts, in compliance with the strict legal provisions.
Article 20 beneficiary Unit is required to verify, in conditions stipulated by the law and the contract, during the execution of the work, the completion of the product or rendering of the Service contracted, the way the supplying establishment meets the agreed clauses with regard to quality.
Article 21 contracted products and works will deliver, if necessary, teach on the basis of quantitative and qualitative reception.
The Contracting Parties may agree, taking into account the nature of the products, like the delivery to be made and through autoreceptie.
Article 22 delivery of products, services and execution are carried out within the time limits specified in the contract.
Obligations to the other deadlines than those in the contract can only be made on the basis of the agreement of the parties and in compliance with the conditions laid down by law.
Supplies or services performed for outstanding obligations is considered to be made on behalf of the obligation with the nearest term, after covering the current obligations.
Article 23 beneficiary Unit shall be required to pay the price of products, works and services covered by the contract, after the reception and receipt, under the conditions laid down by this law.
At the conclusion of contracts, the beneficiary units are obliged to furnish proof that they have provided the financial resources to pay the price as provided for in the contract, indicating the bank account and to open the l/c as stipulated by law.
Supply units shall carry and deliver products, achieve and teach works or provide services only if the beneficiary units have provided the financial resources to pay them on time.
Article 24 supplying establishment, executanta works or providing services, warranty, or for the quality of the work, and after its expiry, for hidden defects, observed under the law.
Section 5 of the discipline and contractual liability in article 25 ministries, other Central and local bodies and power plants are responsible for taking all necessary measures to ensure the execution of the obligations assumed by 178 units, Socialist contracts to carry out a rigorous control of the fulfilment of the contractual obligations of the parties and the determination of liability of persons responsible for non-execution or defective execution of the contracts.
If after conclusion of the contract are found throwing some causes other than force majeure, that would put one party unable to execute him, ministries, other Central and local bodies, power plants, of which part is subordinated to them, are obliged to take the necessary measures to ensure the execution of the contract, including through any other subordinated unit, established, as appropriate, with the approval of the Coordinator of the balance.
Article 26 the Socialist Unity that does not perform the obligations under the contract or execute other side improperly due to penalties, in accordance with the annex. 2, and compensation, in order to repair damage caused by his fault.
Compensation is due only to the extent that the damage was not covered in full by the payment of the penalties provided for in the contract and concerns both the damage actually suffered, and the benefit achieved.
Article 27 the parties are governed by the delay if not execute the obligations stipulated in the contract.
The beneficiary is responsible for non-performance of the contract if they do not comply with obligations whose fulfilment depends on its execution.
Article 28 Socialist Unity whose contractual obligation cannot be performed due to force majeure, established under the law is defended by liability and obligation to bring to the attention of the other party's failure of execution time, within 5 days from the date of the occurrence of such cases, and to communicate documents, not later than 15 days after that date; It is also obliged to inform, without delay, the date of termination of the case of force majeure.
In the same time limits, the Socialist Unity will bring to the attention of the case of force majeure, local or central body to which the work, and the State Planning Committee for products whose balances shall be approved through the single national plan economic and social development, the Ministry of Supply or material Management and control of funds, in respect of products subject to other scales, which will establish the necessary measures According to the law.
Socialist Unity invoking force majeure event shall bear the damages caused to the other units due to failure to comply with the obligations incumbent on it according to this article.
Chapter 3 economic Contracts between Socialist units section 1 supply of goods contract Article 29 contracts for the supply of goods shall be concluded on the basis of the tasks incumbent upon the units single national plan economic and social development and must contain the obligations and responsibilities to ensure the realization of production: physical) planned quantities, grades, types, sizes, conditions and time limits laid down in the plan standards and norms of typification;
b) full performance of orders for export, according to the recovery of the resources used, with due regard for the provisions of contracts exactly;
c) full and effective utilization of productive capacities, employment of strict rules and regulations of the consumer and stock;
d) introduction in manufacture of products and new or upgraded technology, with technical and functional parameters of superiors and low energy consumptions and materials than those existing in accordance with the requirements of internal and external recipients;
e) maximum usage of material resources and reusable energy and limiting the supply of raw materials and spare parts we depending on the performance of the tasks of those recovered.
Contracts shall be concluded in compliance with the provisions of the annex. 3. Article 30 In contracts for the supply of advanced technological equipment and facilities required to provide Parties are, besides the general clauses, and the following specific clauses: a) the deadlines for delivery of machinery or installations related to the cycle, with the term of commissioning and during transport, being prohibited the implementation and delivery of machines to be immobilized in stocks;
b) timelines and responsibilities of technical documentation for the entire object or for assemblies and subassemblies that can execute independently, taking into account the deadlines for the delivery of the machinery established according to subparagraph (a). the) and manufacturing cycle;
c) to ensure the obligations of the supplier documentation, technical assistance at the place of installation, commissioning tests, training of personnel, supply of spare parts and warranty benefits.
The beneficiaries will include investment contracts which they conclude with clauses on design guarantees necessary for teaching in and of the definitive technical documentation.
For cars, machinery and installations with a longer duration of the cycle of manufacturing, technical documentation and orders will by the beneficiaries within the time limits laid down in the annex. 4 Article 31 for machinery, equipment, installations and other complex deliveries realization, to cooperate on several drives, the beneficiary enters into a single contract with the supplier or the supplier's general principal, where appropriate, shall conclude contracts with specialized units with cooperating, in compliance with the provisions of the annex. 5. general Provider, respectively the main supplier, meet towards the beneficiary and cooperating units respond against the supplier or, if applicable, for failure to comply with the improper execution times of contractual obligations.
Article 32 in the case of products for which, at the time of contracting, are not specified assortment, types, size or other characteristics necessary for the execution of the obligations, the parties will establish the contract deadlines for submitting them, to ensure that the time limit for execution and delivery.
For goods destined for the Fund market, whose assortment varies in relation to the requirements of the internal market, shall conclude framework contracts, which will adapt and drill down on an annual basis or, where appropriate, depending on the season.
Framework contracts shall be concluded for the delivery of new products and to be assimilated into the five-year plan period. The parties will take place and the provisions spelled out these contracts after the approval of the type approval and introduction in manufacture of the products covered by the contract.
Article 33 units have the obligation to supply only products complying with the conditions of the quality standards of typification, standards, specifications and documentation, observing exactly the quantities, grades, types and other characteristics, as well as the agreed upon time limits provided for in the contract.
The products of the beneficiary unit refused to consider qualitative shortcomings are not delivered if the supplier does not provide remedy or replace them, within the time limit agreed with the beneficiary. The provider is responsible for such lateness produced until delivery.
Article 34 the receipt, shipment and receipt of the products are made in compliance with contractual provisions, under the conditions provided for by the laws in force.
For technological equipment, installations and other products of high technical complexity, the receipt by the beneficiary. It will be able to make the reception and on the phases of manufacturing.
Acceptance by the beneficiary of the products do not correspond to quality laid down in contracts or, where appropriate, standards, technical regulations and specifications and its liability for damage to property brought to the public.
Article 35 the supplier and recipient Units of products intended to evaluate the establishment of a centralized State Fund are obliged to provide reception, surrendering and receiving to delivery time limits from graphs.
Supply units are obliged to hand over to the nearest centre or base contracting and purchase perishable products, evaluate if the beneficiary has not been presented in accordance with the graphs, for the reception. Teaching is done on the basis of the reception centre or made for contracting and procurement, in the presence of a delegate of the local people's Council or other neutral delegate. Centers or bases for contracting and procurement are required to receive, to take and to capitalize on these products.
Establishment is responsible for damage caused as a result of nepredarii within the Centre or contracting and purchase of the products most closely, and the recipient Contracting Party shall be responsible for any damage caused to the producer as a result of a breach of the obligations laid down in paragraph 1. 2. Article 36 anticipatie delivery of products covered by the contract can only be made with the consent of the parties, prior to each shipment. In the case of machinery, equipment and installations intended for the investment objectives, delivery mileage, can be done only with the prior consent of the beneficiary and the contractor that performs Assembly, to the effect that the purchase of the machinery is devans economically justified being provided the conditions for mounting and putting them into operation before the time limits laid down in the technical and economic documentation approved and with the prior agreement of the Bank funding to secure sources of funding.
Late delivery of products covered by the contract can only be made with the prior consent of the recipient, who will be able to refuse receipt of the products if due to intirzierii is unable to use them anymore or would exceed the level of stocks regulated by law have been determined.
In the cases referred to in paragraph 1. 2, the supplier is obliged to pay penalties and reparations owed to the beneficiary, in accordance with the law.
Article 37 the supplier liable for delivered goods until they are received by the beneficiary. Handing the receipt shall be made as follows: a) the supplier, where beneficial products rises;
b the beneficiary) where products are dispatched by the supplier; products shall be considered received once with their takeover of the transport unit. On the date of receipt of the products shall be sent to the right of ownership or management, as appropriate, as well as the risks.
Transport organizations are responsible, in accordance with the law, against the consignor for the integrity of the products, until the handover to the recipient.
Article 38 Penalties for breach of contractual obligations are those set out in the annex. 2. The compensation owed by the supplier for full compensation of damage shall include and the damage incurred by the client as a result of penalties and damages it has paid its beneficiaries because of non-execution or defective execution of the contract made with the provider concerned. In this case, the limitation period shall run from the date of payment of the penalties and damages in the case.
Section 2 of the supply of energy Article 39 contract of supply of electricity and the supply of thermal energy as heat or electricity delivery from supplier networks, within the limits of consumer rules laid down by law, namely the powers and approved energy quantities.
The parties will conclude the contract in compliance with the special regulations concerning relations between suppliers and consumers of energy, approved in accordance with the law.
Acquisition of electricity and thermal energy from supplier networks without contract or in contravention of the conditions set out herein shall be imposed according to law.
The energy supply of a customer can be done on a contract basis and only with the agreement of the supplier.
Article 40 Units supplying electricity and heat-producing or revinzatoare-responsible for ensuring consumer supply in safe conditions and quality provided for in the contracts, as well as for the installation, operation and maintenance of own facilities located at the consumer.
We also supply units of electricity or thermal energy are obliged to take measures for the rational use and use with maximum efficiency of energy by all consumers in that purpose: to pursue a strict classification of) consumer power and energy quantities;
b) controls to the rational use of energy and compliance with the conditions concerning consumer arrangements of power and heat set according to law;
c) restrict or interrupt the energy provided to consumers if they fail to comply with the legal provisions.
Article 41 the units consuming electricity or thermal energy responsible for the strict classification in power and in the quantities of energy approved as well as compliance with the rigorous consumer regimes.
Article 42 the purpose of rational and efficient use of energy, electric power consuming units are required to ensure: (a) the powers absorbed) reducing the hours of head, leveling the load curve, compensating reactive power;
(b) observance of the prescriptions) precisely to prevent any technical noise or adverse effects on the quality of electric power, in particular by avoiding the degradation and pollution over the limit set, the electrical installations;
c) correlation between characteristics of the receivers, protections schemes, electrical installations and Automation from what they own with those of food plants of the supplier.
Article 43 thermal energy consuming Units responsible for taking the necessary measures to comply with the procedures established, the refund consumption thermal agents in quality and in the quantities provided for in the contract, the recovery of reusable energy resources and harnessing the resulting from technological processes, and the use of new energy sources.
Article 44 consuming Units are obliged to make under the law, the quantities of electricity or heat made available regardless of the cause. The quantities made available to change contract law and distribution.
Section 3 of Article 45 contracts Other contracts relating to scientific research, design, performance of construction-Assembly works, by way of provision of services and others ends and is executed in compliance with the provisions of this law and regulations specific to their respective areas of activity.
Chapter 4 Contracts of foreign trade and economic cooperation's international section 1 Article 46 foreign contracts in the field of foreign trade and economic cooperation's International Socialist units are obliged to ensure, through contracts they conclude, intensification of foreign trade, increased participation of the Socialist Republic of Romania at the international division of labour, in accordance with the requirements of economic and social development of the country strict compliance with the principles of national sovereignty and independence, equality and mutual benefit, non-interference in internal affairs.
Article 47 the work of foreign trade and international economic cooperation is conducted based on the following categories of contracts: the contracts with foreign partners) foreigners;
b) internal economic contracts operations of export, import and international economic cooperation, concluded by the economic units producing goods for exports or imports of foreign trade enterprises.
Contracts shall be concluded in accordance with the provisions of the plan, long duration of agreements, conventions or other international agreements to which the Socialist Republic of Romania is a party.
Power plants, economic ministries and the Ministry of foreign trade and International Economic Cooperation responsible for external contracts cover export plan and take the necessary measures to ensure the efficiency of foreign trade operations, subject to contracts.
Article 48 Units producing goods for export or import recipient, along with foreign trade enterprises, shall take all measures necessary to ensure timely orders for export and for external contracts, in which purpose are obliged: a) to enter into contracts, particularly in the long term, to provide stability in economic relations with other countries, to ensure that the perspective of the disposal of foreign markets to Romanian products as well as the forecast of the national economy to some raw materials under conditions of adequate quality and technical level of international market requirements;
(b) to establish contractual relations) so that at the date of approval of the annual plan of economic and social development, its provisions relating to production for export, the actions of international economic cooperation, as well as imports, to be substantiated through contracts to provide certainty of supply and disposal of production of material;
c) ensure timely transmission of technical and commercial offers, to take account of market requirements and the need to exploit the superior and diversify production for export, under conditions of high economic efficiency;
d) ensure continuity in foreign relations, equitable, mutually beneficial exchanges, promotion of new, effective forms of Commerce and cooperation.
Article 49 establishments are required to assimilate the manufacture and export products that provide secure processing and harnessing the upper part of the material resources of the country, have a high technical and qualitative level, harness scientific and technical conception of its own, in the form of licenses, technical documentation, engineering and complex deliveries.
Article 50 shall Offer by foreign central banks, together with foreign trade enterprises, and is approved by the Ministry of economy and Ministry of foreign trade and International Economic Cooperation.
In the case of exports of advanced facilities offer unique service provider shall, under the conditions provided by law, and shall be approved by the Council of Ministers.
The provisions of this article shall apply, as appropriate, and approving the terms and conditions for the participation of the Romanian units at auctions abroad.
Article 51 Units producing goods for export and foreign trade enterprises have the obligation to consider all applications for export, their putindu-refusal is made only in duly justified cases, with approvals prescribed by law.
Article 52 Contracting goods on importation is done by the comparative analysis and negotiation of tenders to foreign partners or by issuing orders, taking into account the results of prospecting foreign market and satisfy the requirements of the national economy to the optimum.
Article 53-installations and complex Exports other executed abroad is carried out under the conditions laid down by Decree of the State Council, through a system of external and internal agreements concluded with the party to the contract, the supplier of unique, designer, general contractor and other economic units participating in the performance of the products, works and services.
Single provider contracts with domestic economic units that participate in the exportation.
Article 54 according to subject foreign trade operation, contracts may be for sale and purchase, cooperation in production, work, money, deposit and commercial representation, international forwarding and transport, technology transfer, tourism and others, ruling in international trade relations.
Contracts for the export of goods, the export of machinery and export complex will ensure that, where appropriate, depending on the specific subject of the contract or of the operation of external trade, as well as the conditions of the existing market or conjectural, as such contracts to contain clauses in annex No. 6-8. external contracts Clauses concerning conditions for loading and unloading shall be agreed by the foreign trade enterprises with the approval of the transport unit.
In order to facilitate the conclusion and performance of contracts can be used in external conditions, contracts type, frame contracts and other forms of unification of international trade market.
Article 55 foreign Contracts shall be signed by the Director of the foreign trade enterprise or, as the case may be, of the establishment authorized to carry out commercial operations on foreign markets, following their endorsement by the legal office and exercise control.
Export contracts for deliveries of goods shall be signed only after the prior endorsement of the Director of the unit to run.
After conclusion of the contract, the Director of the unit producing is forced to subdue the Executive Bureau of the Council debate the working people and to put it in the discussion sections of production in order to take all necessary measures for the execution of obligations exactly.
The provisions of paragraphs 1 and 2. 2 shall apply, where appropriate, and the units which perform the functions of general designer, general contractor or licensed technology.
Under the law, foreign contracts are signed and the general manager of the plant.
Where external contract was concluded in consideration of a particular production units, its change can't be done than with external beneficiary agreement.
Article 56 foreign Contracts, as well as their modification, are found in written form, in compliance with the conditions for the validity of agreements and registering with the Ministry of foreign trade and International Economic Cooperation, the Ministry of finance and the Chamber of Commerce and industry of the Socialist Republic of Romania.
Contracts that have as their object the installations and complex objectives, high-tech products and other goods set by the Ministry of foreign trade and International Economic Cooperation will enter into force only after obtaining permits and approvals required by the law within a maximum of 30 days, as well as fulfilment of the other conditions laid down for that purpose in the contract.
Section 2-domestic Contracts for foreign trade operations Article 57 relationship between establishments and foreign trade businesses, for foreign trade operations, shall be determined in accordance with the law of economic contracts, Commission sale, economic contracts, performance of works or provision of services, and more.
Article 58 The Commission economic contract the parties are obliged to establish: (a) commercial operations) to be carried out on his behalf by the foreign trade enterprise, on account of the economic unit that empowered her;
b) conditions for negotiating foreign trade operations and technical documentation necessary for attaining economic empowerment;
c) other items for fleshing out the conduct of relations between the parties.
Article 59 the conclusion or amendment of the contract, as well as of any other act, under different conditions from those offered by the establishment, we are relied on its only if they have been carried out with the prior consent or to the extent that it has confirmed.
Article 60 economic Contracts of sale and purchase, the execution of works or the provision of services and others ending foreign contracts, within 10 days from the date of receipt of the orders issued by foreign trade enterprises. Under the law, these contracts can be concluded and before foreign contracts.
Contracts shall include obligations in strict correlation with the corresponding foreign contracts.
Article 61 domestic economic Contracts for foreign trade operations are applicable to them, in relation to the specifics of the foreign trade activity, the provisions of chapters II and III of this law.
In the cases referred to in article 1. 55 paragraph 1. 2 and 4 internal economic contracts for export shall be signed by the directors of in terms of ensuring the material base and other external conditions necessary for carrying out the contract.
Section 3 of the execution of contracts for foreign trade and international economic cooperation Article 62 establishment is responsible for the enforcement of obligations established by the acts on his behalf concluded by foreign trade enterprise, within the limits of authorisation is granted.
Ministries, industrial plants and undertakings producing will provide to each unit of production scheduling and launching of production, in particular the intended for export.
Foreign trade enterprises are obliged to transmit orders and producing units, where appropriate, the particulars necessary for foreign contracts, within 5 days of registration.
Establishments are obliged to deliver the products to be exported no later than 10 days after their execution.
Article 63 Socialist Units shall be responsible for timely delivery of goods intended for export, in compliance with the conditions and quality of their technical performance, quality assurance control demanding products from import, as well as fulfilling all the obligations they have undertaken through contracts.
Obligations of delivery of the products to be exported are included in contracts of economic, remain in force throughout the duration of the validity of the commitments set out in the law as regards relations with foreign partners and under the conditions laid down in the contracts concluded with them.
Foreign trade establishments are obliged to ensure full and timely receipt of the price of exported goods or, where appropriate, receipt of goods into consideration, as well as the realization of all other rights shall be protected according to the contract.
Article 64 operations carried out on the basis of the contract fee title to the goods and the corresponding risks shall be transmitted directly, in terms of the contract, from producing for export to the foreign partner or from the beneficiary unit, depending on the nature of operation of foreign trade.
Foreign trade companies and financial organs shall be responsible for payment of goods intended for export, observing very closely the terms and conditions provided by law.
Those imports will be charged with undertaking foreign trade counter value of the imported goods after customs clearance.
Article 65 For ensuring the execution of export contracts and international economic cooperation, foreign trade enterprises together with the producing units shall establish programs for each contract, which will include measures regarding products, organising cooperation between undertakings, the service and technical assistance.
Article 66 the Ministry of foreign trade and International Economic Cooperation and foreign trade enterprises will aim at plants and factories, the mode is entered into manufacturing and goods contracted for export, as well as within the framework of international economic cooperation, will determine the operational measures for compliance with contractual obligations and will not admit the delivery to the foreign partners of products which do not meet the conditions of the contract.
For products intended for export, including within the framework of the cooperation actions, particularly machinery, installations, which ensure the quality of products, technical performance and in service behaviour are previous and in promoting exports, foreign trade enterprises will perform quality control through specialised organs of control, on a contract basis.
Article 67 Central Council of workers ' Control of economic and Social Activity and the General Inspectorate for quality control of products shall be responsible for organizing and carrying out a rigorous inspection of export goods in process of manufacture and dispatch them in accordance with contractual provisions.
Technical control bodies of quality from those of units and the General State Inspectorate for quality control Products will control the manufacturing feeds how to comply with the technological processes, in order to avoid improper quality of goods against the provisions of the contracts.
Section 4 of Article 68 contractual liability the liability of the parties for non-performance assets or improper execution of the obligations assumed by contract externally is fixed by its clauses.
Foreign trade enterprises will pursue damages what is appropriate for the violation of contractual obligations by the foreign partner.
The foreign partner, the responsibility related to the conclusion and execution of the contract belong exclusively to foreign trade enterprise.
Article 69 establishments responsible for all damages or costs incurred by enterprises of foreign trade as a result of claims made by foreign partners, and which are caused by violation of the obligations of these units under contract.
The compensation laid down pursuant to paragraph 1. 1 is due only to the extent that they are not covered by the penalty.
Article 70 penalty charges for failure to perform or inadequate performance of the obligations of the contracts of the internal dn foreign trade are laid down in the annex. 9. Section 5 common provisions Article 71 the provisions of this chapter are applicable, as appropriate, external or internal contracts and foreign trade and economic cooperation's international image with the purpose of carrying out of works or provision of services.
Chapter 5 conclusion and execution Tracking economic contracts Article 72 Socialist Units are obliged to keep track of the conclusion and execution of economic contracts, according to the methodology laid down by ministries, other Central and local bodies with the opinion of the Ministry of Supply material and Funds Management and Control of the Ministry of foreign trade and International Economic Cooperation, as appropriate.
Economic ministries, other Central and local bodies and power stations will track the permanent way ending run and it keeps track of economic contracts by Socialist units subordinated and will immediately take the appropriate measures for overcoming the shortcomings found and engaging the liability of the persons guilty of violation of contractual discipline.
Article 73 of the State Planning Committee, Ministry of technical Materials Supply and management and Control of funds and the Finance Ministry will control the ministries, other Central and local bodies, and enterprises, the activity of closing and execution of economic contracts.
On the basis of its own findings and the missing information when forwarding data from ministries and other central bodies of the organs referred to in paragraph 1. 1 shall report monthly to the Council of Ministers, together with the Central Statistics Directorate, Contracting and execution stage economic contracts, as well as measures taken for the Elimination of deficiencies noted.
Article 74 the Justice Ministry will keep record of all disputes between the Socialist units with which they are exercised, courts, and those in which one party is a Romanian unit, pending the arbitration bodies or other bodies jurisdiction of times abroad.
The Ministry of foreign trade and economic cooperation Ministry of Justice International will communicate to each external trade dispute.
The Ministry of Justice has the obligation to report quarterly on the Council of Ministers established deficiencies and other matters arising during the settlement of the disputes referred to in the previous paragraphs. In terms of foreign trade disputes reporting will be done in conjunction with the Ministry of foreign trade and International Economic Cooperation.
Each county record of disputes the Court of first instance.
Quarterly reporting obligation rests and ministries, other Central and local bodies for disputes settlement from their competence. The resolution of these disputes is done in compliance with the rules laid down by the methodological question, with the agreement of the Ministry of Justice.
Article 75 the Council of Ministers will review the monthly closing and stage mode of execution of economic contracts and foreign trade, raportind about it according to the law.
Chapter 6 functions and responsibilities of the staff worker Article 76 people working, as owners, producers and beneficiaries, are responsible, according to fulfil their tasks, respect for discipline and contractual plan in which, in the end, basically, the following powers: (a) its technical base) economic controls and to adopt them within the time limits provided for by law;
(b) to take steps for) the conclusion of contracts under the conditions and within the time limits established by law, in compliance with the tasks of the plan;
c) to draw up all the work related to contracting, recording contracts and emphasize them, to develop a draft contract with strict observance of laws and appropriate content to ensure the execution of the obligations;
d) to bring to fruition the tasks delegated to them with respect to the execution of the products covered by the contract, their quality, timeliness of delivery, the packing conditions, reception, attainment of all obligations in the contract unit.
Article 77 members of the Executive Bureau of the Council of working people responsible for determining measures which may be necessary for the conclusion of contracts for both internal and external, as well as for the supply of goods, performance of works and provision of services in due time and in compliance with the remaining provisions provided for in the contracts.
Liability of members of the Executive Office does not exclude that of Director and Chief Accounting Officer in the commitment of expenditure and the amount of money.
Article 78 personnel in charge of contractual discipline has an obligation to ensure that the delivery of goods, performance of works or provision of services between Socialist units to be made only on a contract basis. Violation of this obligation shall entail payment of the sum representing the price at the State budget, as well as direct liability of the person responsible for the damage thus brought the unit.
Article 79 violations of contractual discipline attracts liability, disciplinary, civil, administrative and criminal, as applicable, of the person responsible.
Article 80 damage Socialist units by paying penalties and damages due to the breach of obligations under contracts shall be recovered in accordance with the law, of persons.
Management units responding directly measures necessary to establish the liability of the convicted persons, their commitment and for the recovery of the stock of the damage.
Article 81 the damage resulting from the breach of contractual obligations that, by law, are not attributable to some people, it supports as follows: a) 60 per cent of adverse influences resulting from penalties and compensation paid, from recovering from the Fund for the participation of working people to the realization of production, income and benefits sharing, determined on the basis of quotas established by law.
People's councils in undertakings and Central will be established on each group of working people, the amount by which the Fund participate in the benefits in relation to its liability for breach of contractual obligation which was the consequence of the payment of penalty and compensation;
b) difference of 40 per cent of adverse influences resulting from penalties and reparations paid from, it retains the profits of the enterprise or plant, as appropriate, prior to the determination of the benefit to be distributed according to the law.
Article 82 violation of contractual discipline attracts the law to the guilty person disciplinary.
Depending on the severity of the offence, the circumstances in which it was committed and the degree of guilt against the person guilty of disposing measure may be taken of the employment contract or the stray retrogradarii depending on the category, the reduction of retributiei and compensation of senior management, as well as other disciplinary sanctions prescribed by law.
Article 83 disciplinary sanction In addition, violation of contractual discipline and responsibility of the guilty minor person.
The following acts are offences, if they were not committed in such circumstances that, according to the criminal law, constitute offences and shall be imposed as follows: i. in a fine from 6,000 to 15,000 lei: a) launching in manufacture of products which do not have secured contracts to be disposed of;
(b) materials and supplies) products to achieve a production without outlets provided or the supply of equipment by devans beneficiary in contravention of the law;
c) unjustifiably refusing to enter into contracts or refusal to adapt them according to law provisions;
d) acceptance of delivery of the export products of inadequate quality control bodies of the General State Inspectorate for quality control of products;
It's) failure to evaluate products or reception refusal thereof, in contravention of the provisions of art. 35 para. 2. II. With a fine of from 2,000 to 6,000 lei: the failure to take measures to organize) the conclusion of contracts;
(b) failure to take follow-up measures) of the contracts under which the Contracting Parties find out;
(c) failure to comply with time limits) and procedures for contracting and resolution of any objection or dispute, set out under art. 8;
d) neprecizarea distinct specifications, distribution, and in other documents relating to contracting, execution and delivery of raw materials and materials, production quantities for export;
e) failure of term contracts.
Finding contraventions and penalties are done by staff specifically empowered by heads of ministries or other central organs of executive committees of councils and popular of Bucharest and directors of, for offences committed in the subordinate units, as well as heads of the Ministry of Supply and material management and Control of funds, the Ministry of finance or the Ministry of Internal Affairs where appropriate, for offences committed in any unit or body regardless of subordination.
Claim agent has an obligation to refer to the unit's leadership and that is framed person guilty, pursuant to disciplinary sanction.
Against the minute of finding of violation may make complaint to be made to the organ in which the agent is discovered, along with a copy of the minutes of the contravention, within 15 days from the date of its communication.
The provisions of this article shall be complete with the provisions of law No. 32/68 on the establishment and sanctioning violations.
Article 84 the following acts Constitute offences, committed, pursuant to article. 248 or art. 249 of the penal code, if they produced a particularly severe disruption of Socialist organizations or damage the importance of national economy: a) launching in manufacture of products that have not provided the disposal through internal or external contracts;
b) purchasing production in violation of law;
(c) failure to perform or improper execution);
d) allocation of products sub-contracting without for balances that are approved;
e) failure to take measures of execution of economic contracts by the staff of the bodies subordinate to whom lies the Contracting Parties;
f) failure to evaluate products or reception refusal thereof, in contravention of the provisions of art. 35 para. 2. Committing offences in para. 1 is punishable according to the provisions of article 3. 248 paragraph 1. 2 or, as appropriate, of article 23. 249 para. 2 of the penal code.
Chapter 7 final provisions the provisions of article 85 of this law shall be supplemented by the provisions of the civil code to the extent that they are not opposing the law of nature or face the relationship between Socialist units.
Article 86 within 30 days of the publication of this law, the Council of Ministers will ensure compliance with the obligations incumbent on it under art. 8 and 10. Also, in the same period, the State Committee of the Ministry of Planning, Purchasing and material management and Control of funds and the Ministry of finance will set out the methodology for the registration of contracts. For external recording methodology is established, within the same time limit, of the Ministry of foreign trade and International Economic Cooperation with the Ministry of finance.
Recording and tracking of performance of contracts with State secrets and those in which one party is a unit of the armed forces shall be made under the conditions laid down by the central body of the hierarchically superior unit, producing works currently executing or providing services, with the approval of the State Planning Committee and the Ministry of finance, as well as, where appropriate, of the Ministry of national defence , Ministry of the Interior or the National Committee for Science and technology.
The provisions of article 87 of this law shall be applied properly and cooperative organizations and the public. Also, provisions concerning the economic contract shall apply to actions for cooperation between State-owned and cooperative units.
Article 88 the supply and production Activity carried out by special units of education, healthcare and social assistance is not subject to the provisions of this law.
Article 89 annexes 1 to 9 are an integral part of this law.
Article 90 the present law shall enter into force 30 days after its publication in the Official Gazette.
On the same date shall repeal the law of economic contracts, no. 71/69, as amended, to the Council of State Decree No. 142/1970 laying down the maximum fine for offences relating to the contractual discipline rules, and any other provisions to the contrary.
Annex 1 CLASSIFICATION economic contracts is recorded in the Ministry of Supply and material Management and Control of funds, the State Planning Committee and the Ministry of finance 1. The Ministry of Supply and material Management Control of fixed Funds are recorded in economic contracts concluded between the supplier and recipient Socialist units for the following raw materials, with a decisive role in the execution of their tasks and in particular physical plan of export Product: ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ Provider ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ Beneficiary ─ ─ ─ ─ ─ ─ ─ ─ ─ ─-coal-mining units-cocsificabili steel mills-energy-coal mining units-coal burning power plants-crude-oil transportation enterprise piped Ploiesti-petrochemical enterprises-natural gas (raw)-methane gas Medias-chemical-
refractory clay-mining units-enterprises producing refractory materials-pyrite-mining units-sulfuric acid-producing enterprises-concentrates of copper-mining units-units neferoasa-metallurgy of lead concentrates and collective zinc-mining units-units of metallurgy neferoasa-concentrated zinc-mining units-units neferoasa-metallurgy of lead concentrates-mining units-units neferoasa-metallurgy steel plates from thick, medium-sized and thin-steel plant Galati Galati-technological equipment producing units-"Inox" Enterprise Saint John-shipyards-companies wagons-Enterprise truck-tractor enterprises-enterprises-enterprises of car electric motors and transformers-laminated steel profiles-steel Factory-enterprises producing technological equipment-Resita steel Factory-enterprises producing bearings-New Delhi-based special steel-producing enterprises bearings-steel tubes for energy-producing enterprises of pipes "Republic", Iasi-Zalau enterprises of chemistry and petrochemistry-aluminium-aluminium Enterprise Slatina-electrical engineering industry enterprises and electronics
-electrolytic copper-non-ferrous metal Enterprise Baia Mare-electrical engineering industry enterprises and electronics equipment, machineries, equipment, equipment and technological lines, including measuring and control apparatus, for investment objectives whose note command shall be approved through Presidential Decree-machinery manufacturing enterprises-enterprises holding investment plan-chemical fiber and yarn-producing enterprises of chemical fiber and yarn-textile enterprises-P.V.C. pellets make-producing enterprises processing of plastics under plant profile-enterprises of electric conductors and cable-belting-rubber-producing enterprises producing rubber-bands-the enterprises of mining equipment mining enterprises 2. The State Committee for Planning) are recorded: (a) the contract concluded by the customer with general contractor for your investment goals whose command note approved by Presidential Decree;
b delivery contracts) machines, machines, equipment, installations and technological lines, the new plan for assimilation.
3. contracts as referred to in paragraphs 1 and 2 shall be recorded and the Ministry of finance.
Note: nomenclature of economic contracts is recorded in the Ministry of Supply material and Funds Management and Control at the State Planning Committee will be updated annually, with the approval of the national plan's unique economic and social development.
Annex 2 PENALTIES for FAILURE to PERFORM or IMPROPER EXECUTION of ECONOMIC Penalty for failure to execute CONTRACTS or improper execution of obligations of economic agreements are the following: 1. for each day of delay of the execution of the obligation, the duration of the corresponding completion of pregnancy from 0.1% annual plan, during the first 10 days, 0.2% in the next 20 days and 0.3% in the period exceeding 30 days before the date of execution of the nature of the benefit, the beneficiary renounce to it according to the law or the impossibility of enforcing the obligation due to force majeure if lateness is about: a) teaching or, where appropriate, products, works service delivery times;
b) submission to the deadlines laid down in the contract specifications or details required the execution of the contract and, in the case of installations and technological complexes, handing the deadlines agreed to technical documentation for the entire lens assemblies and subassemblies or on what run independently;
c) making available of the beneficiary when, according to the contract, it is incumbent upon this obligation, or refund within packaging, pallets, containers, accessories for palletizing-related data into packets and other means.
The penalty is calculated, in the case referred to in subparagraph (a). the price of the product), or of the benefit in the case of delayed, lit. b) at the price of the product, or what benefit could not be enforced, and in the case referred to in subparagraph (a). (c)), the unfulfilled due to the price of the benefit packages have not been made available or the price of packages, pallets, containers, accessories for palletizing-related data into packets and other means, in the case is delayed;
2. For failure to carry out the reception way or autoreceptiei, 2% of the price of the product, the client or the benefit to be received, if not apply penalties for lateness execution obligation according to item 1 (a). a);
3. for failure to perform the obligation arising out of the nature of the contract, the date of expiration of the duration of the corresponding completion of annual plan, 8% of the price of the product, the client or the sender of the benefit;
4. for breach of obligations concerning marking of): punching, labelling or sending of documents delivery you need to accompany the transport documents, 1% of the price of each of their delivered;
b sending quality certificates), IDs analysis instructions using the product or technical book and certificates of deposit, 2% of the price of each lot so delivered;
5. for each day of delay in payment price, from the date when it is due until payment, 0.1% in the first 10 days, 0.2% in the next 20 days and 0.3% in the period exceeds 30 days, the amount of needed to be paid; This provision shall also apply in the case of a refund guarantee intirzierii for packages returned by the customer to the supplier;
6. for every day of payment denial unjustified price or nerestituire an amount received, without justification, of the date of refusal before the payment date, i.e. the date of receipt of the amount unduly paid, reimbursed up to 0.3% of the outstanding sum price or payments where appropriate.
The parties will establish contracts higher penalties than those laid down in this annex, and the application of penalties for breaches of other obligations than those set out in items 1 to 6, taking into account the specificity of economic relations for which they have concluded the contract.
Annex 3 MAJOR CLAUSES of the CONTRACT for the SUPPLY of GOODS the supply of products should contain the following clauses: a) the Contracting Parties, by specifying the name of the venue, superior bodies of the parties, the name and surname of the persons who signed the law, the contract;
b) contract, determined by the full name of the product and an indication of the technical and functional characteristics of the goods or service;
c) quantity, grades, types and dimensions of the products covered by the contract, as well as the conditions of quality and structural adaptations and technological improvements to be made and implemented;
d) deadlines calendar delivery and staggering appropriate quantitative years, quarters, months, decades, weeks or days, as appropriate;
e) prices or tariffs in effect on the date of conclusion of the contract, approved by law enforcement agencies; prices and tariffs will be able to establish, in accordance with the law, and at a later date, following conclusion of the contract as the first delivery is to be made on the basis of the approved price;
f) modalities and terms of payment;
g) methods and terms of delivery, packing, marking, labeling and expedition;
h) arrangements for reception and autoreceptie indicating the methods for determining the quantity and the quality of the products covered by the contract;
I) ways of making technological samples, forms of technical assistance and safeguards regime;
j) transport optimized relations established under the law on the basis of preliminary calculations optimization, reduction of transport agencies across distances, eliminating unnecessary transport, employment in retail-supply areas; for the balance of the coordinators responsible for optimising the transport issue repartitiilor;
contractual responsibilities of k) parties;
l) restrictive conditions for the delivery of raw materials and new products, depending on the degree of achievement of tasks of teaching materials, reusable;
m) any other necessary clauses even of obligations under the contract.
NORMATIVE annex 4 concerning the time limits for surrender the parties, prior to the year in which the plan is required, delivery orders and technical documentation, for machines and equipment with long periods of preparation technique and organization product group periods of teaching in months-orders and technical documentations before the year plan required for deliveries in the first half of spring semester: 1 2 3 i. machinery is executed after the execution of projects 1.
Machines and technological equipment for metallurgical industry (agglomeration plants, cocsochimice, blast furnaces, steelworks, rolling mills with metallurgy: converters and the like) 6 (8) (3) (8) 2.
Technological equipment for chemical industry, oil processing, reeds, paper, cellulose (electrolysis plants, preparation of sulfuric acid, nitric, desulfurari, pyrolysis and the like) 6 (8) (3) (8) 3.
Machines and technological equipment for construction materials industry and refractory (lines of cement, refractory products), machines and equipment for timber, blockboard 6 (8) (3) (8) 4.
Machines and technological equipment for food industry and evaluate complex 6 (8) (3) (8) 5.
Lifting machines, transported and 9 6 6.
manipulated machinery and equipment for mining works (installations de haldat, rotor excavator and the like) 6 (8) (3) (8) 7.
Centrifugal pump with high degree of complexity and special electric motors of which:-classes III, IV (Special pumps) 13 10-classes V, VI and VII (heavy) 15 12 8.
Industrial fans (equipped with special electric motors) 15 12. What machines are run after the technical questionnaires 1.
Steam boiler thermal energy of 1035 t ab/h 21 18 2.
Steam boiler thermal energy of 525 t ab/HR 18 9 3.
Steam boiler-105 420 t ab/h 12 9 4.
The rest industrial steam boilers and parts of the central special 9 6 5.
Hot water boilers for heating 9 6 6.
Steam turbine of 600-700 MW 29 24 7.
Steam turbine of 330 MW 23 18 8.
Steam turbine of 50-100 MW 21 18 9.
Rest steam turbine 9 9 10.
Turbine hydraulics 23.5 MW Francis 21 9 11.
Hydraulic turbine of 20-40 MW Kaplan 18 9 12.
Rest hydraulic turbines 12 9 13.
Synchronous electric motors for machines and special energy 12 9 14.
Machines and equipment for geological research, drilling and exploitation probes 12 9 III. What is the command machines after supplier catalogues enterprises 1.
Diesel engine on slow semirapid and naval 9 6 2.
Machine tools 6 3 3 aggregate.
Elements for construction and metallic printed and reusable 6 3 Note: 1. The complex machinery through the term of delivery shall mean the year in which the plan is provided for the completion of delivery.
2. The time limits from the bracket applies only when the products are necessary for the realization of the imports.
Annex 5 of the MAIN CLAUSES of CONTRACTS for COMPLEX SUPPLIES MADE through CO-OPERATION i. general contracts between provider, respectively the main supplier and recipient shall contain, in addition to the general terms of the supply contract, the following specific clauses: a) the delivery of equipment, sub-assemblies and equipment from the time limits laid down in the chart of staging and the terms set out in the documentation;
(b) supplies and functioning) machinery, equipment, installations and technological lines to approved parameters;
(c)) the conditions for the granting of technical assistance to the Assembly, when carrying out the technological evidence and commissioning capabilities;
d the first parts) delivery of equipment and documentation for execution of spare parts, under conditions set by law;
e) staff training and schooling to work the equipment, technological lines and installations delivered;
(f) any other necessary clauses) are full of the complex under the direct responsibility of the delivery of the general or main provider, as appropriate.
II. cooperation agreement between the supplier and service provider to the general or specialised units must be in accordance with the terms of the contract concluded with the final beneficiary and to comply with the provisions of the approved cooperation programmes, in which purpose should include clauses that ensure;
ritmicitatea supplies of) parts, parts, subassemblies, and assemblies in accordance with the deadlines laid down for carrying out complex delivery;
b quality of delivered) cooperation, respecting the technical and documentation strictly in the construction of the object of delivery;
c technical assistance) and, where appropriate, the provision of specialized services;
d) establishment, under conditions provided by law, the system of guarantees for all providers who cooperate;
e) employment of production costs of suppliers under the budgets of income and expenses to all cooperating units.
Annex 6 MAIN CLAUSES of the CONTRACT GENERAL CARGO EXPORT external Contract must contain, depending on the specifics of the goods and the conditions of the market, the following main clause: a) the Contracting Parties, by specifying the name, registered office, address, legal status of the company and the buyer firm name and quality of the representatives entitled to sign the contract;
b) contract which will include full name, indicating the elements necessary for the determination of the product indicate;
c) quantity and quality, with an indication of the unit of measure, of the place, the time and the manner of determining them, of the document attesting the quantity and quality, as well as the conditions of packing and marking;
d) periods of delivery stating delivery deadline final date of delivery or, where appropriate, eşalonării supplies, the conditions in which they can be modified and set deadlines for delivery of documents to certify the date of delivery;
e the price and total value), the unit price correlated with requirement of delivery;
f) terms of payment through irrevocable and other common ways to specify how the payment guarantee, the time and place of receipt of the price, the raspunderilor and the sanctions for non-compliance with the obligations of the purchaser's burden of payment on the due date or shipment, as applicable, and the payment of the necessary documents;
g) stage of delivery, as well as the determination of the moment when the risk for the goods shall transfer from seller to buyer, buyer's obligation to take goods and shipping conditions, loading-unloading and transport;
h) complaints, with the establishment of the conditions and deadlines within which complaints may be made by the buyer;
j) disclaimer clause to buyer by defining the major force, finding and notification and other reasons for exemption;
j) mode of settlement of disputes subject to arbitration, determine the biases;
k) the buyer's obligation to take the goods and pay the price, and other obligations of the parties arising from the nature of the contract, the specific nature of the cargo and the rules applicable to the contract, to ensure the efficiency of the export operation.
Annex 7 main CLAUSES of the CONTRACT for the EXPORT of MACHINERY equipment export contract should include, besides the contract clauses of general cargo, export the following specific clauses: a) a description of the main equipment, technical and functional parameters of his, the standard or technical documentation based on which machine was executed;
(b) specifying the technical card) or, where appropriate, other technical documentation of equipment required for the installation, operation, maintenance and repair;
c), taking into account price, if applicable, and the cost of technical assistance in mounting, servicing during warranty, tool kit and spare parts first, schooling and other operating personnel;
d) the arrangements for payment, the nature of the equipment, to ensure the takeover on the basis of advance payment in instalments as of the performance of the equipment and the like;
e buyer obligation) to take over the equipment and the responsibilities incumbent on it for installation, operation, maintenance and repair of its warranty, observing even the buyer's documentation;
f) indication of the means of transport, in particular in the case of oversized;
g) specific conditions of payment for delivery in instalments on lots or for deliveries in advance;
h) limits of guarantees provided by the seller, as well as the conditions and terms under which the buyer may make applications under guarantee agreed;
I) how to meet the buyer's damages due to the cancellation of the contract by the buyer, for whatever reason, or at fault;
j) obligations and responsibilities of the purchaser to ensure and guarantee the right of industrial property of the seller; establishment of the conditions and modalities of payment for perfectionarile brought the machine;
k) conditions to ensure technical assistance, service and spare parts during the post-warranty maintenance.
Annex 8 MAIN CLAUSES of the CONTRACT contract of COMPLEX EXPORTS exports complexes must contain, depending on the specific market conditions and export, the following main clause: a) the Contracting Parties, by setting the name, registered office and complete address of their legal status, name of buyer firm and the quality of the representatives entitled to sign the contract, and any other elements required for precise determination of the concrete and the Contracting Parties;
b) contract, through the specification of complex aggregates plant, equipment, construction-Assembly works, geological prospecting, drilling, mining, reclamation, or turn-key plant, projects and technical documentation and other targets agreed with the assessment of all the elements essential to the definition of the content, including the design, services, benefits, technical assistance and after-sales service within and outside the warranty period , tuition and others;
c) delivery times, respectively, the establishment of coordinating and graph the possibility of extending the deadlines agreed upon, including the fixing of the date of provisional reception phase-category works or deliveries-and the final reception;
d) total price, broken down by category of work and deliveries, services and benefits, related to the stage of delivery agreed, seeing it as the price to be included, where appropriate, the cost of technical assistance to the Assembly, service warranty, schooling and other staff related expenses of the beneficiary;
e) arrangements and terms of payment, with the establishment of insurers on payment instruments categories of supplies, works and services, respectively, benefits such as advance, share in delivery, provisional reception and at the expiry of the guarantee, as well as the establishment of documents required for the execution and receipt of the price, with ways to guarantee payment by letter of guarantee or in any other way;
f) obligations of the buyer, if applicable, related to the provision of the basic documentation for the goal, putting at the disposal of the Romanian part of the site free of any task, with all the necessary facilities, the endorsement by the beneficiary within, projects and ensuring that they meet the requirements of local legislation, putting at the disposal of the buyer of the equipment, machinery and materials on the local market to obtain the necessary permits, according to the local legislation for exportation with complex transport locally and others;
g) terms of delivery, packaging, marking, dispatch and transport, specify how the transfer of risk and property;
h) obligations of the buyer relating to the payment of duties, taxes and fees expenses locally, the execution of the contract;
I) claims, conditions and deadlines within which the buyer may claim, within the agreed warranty, and the terms of the disclaimer of liability of seller;
j) how to meet the buyer's damages for termination of the contract by the buyer, for whatever reason, or at fault;
k) guaranteeing the right of industrial property of the seller, obligations and responsibilities of the relevant purchaser, including for subsequent perfectionarile of machinery or other products sold under the export complex; establishment of conditions of sale of products manufactured with equipment delivered under export complex;
l) insurance conditions of technical assistance and other services and supplies of spare parts for post-warranty period;
m) how to solve disputes and litigation, including arbitration path;
n) other obligations of the parties arising from the nature of the contract, the specific nature and the rules applicable to complex export contract, which ensures maximum efficiency of operation.
Annex 9 PENALTIES for FAILURE to PERFORM or IMPROPER PERFORMANCE of the DOMESTIC FOREIGN TRADE CONTRACTS 1. Failure to perform or improper execution of the obligations laid down in the contract for economic Commission has as a consequence of the payment, by the guilty party, the following penalties: (a) failure to comply with time limits) to forward to the economic and technical documentation, established by contract, including the necessary documents receipt of the value of the goods delivered, 100 lei for each day of delay;
b) for failure by the establishment of complaints, requests for damages or penalties, made by foreign partners, stipulated in the contract, 0.03% per month, calculated the value of the commodity or the claims formulated;
c) to overcome by the foreign trade of the time limit laid down in the contract for the launch of an economic Commission requests to offer outdoor and for violating the time limit for transmission of complaint, 0.01% per decade delay, calculated on the value of the specification, the technical specification or external complaint delayed;
d) disregard for the term încunoştinţare of the unit producing on the impossibility of execution of external contract due to force majeure or due to the partner, 50 lei for each day of delay;
e) for the refusal of unjustified foreign trade enterprise to settle within the value of the exported goods, 0.3% per day of delay.
Lateness in payment of the fee shall be charged according to the rules of law relating to the failure to pay the price.
If the damage caused by the breach of a contractual obligation is not covered by the penalty, the guilty party will pay damages in addition to full coverage of it.
2. Non-execution or defective execution of the obligations foreseen economic export delivery draws for the double payment penalties provided for mea culpa in the annex. 2. For late remission by the establishment of the necessary documents are written off the value of the goods delivered shall apply the penalty laid down in point 1 (a). the provisions of paragraph 2.). 1 shall also apply in the case of fee proceeds will be paid to the State budget.