Unfair trade practices prohibited at all times (Black List)

Unfair trade practices of the buyer under this Article shall be prohibited at all times, irrespective of the circumstances of a particular case, the existence of an agreement, or any commercially justified reason, in particular:

1) agreeing payment terms or making payment to the supplier for delivered perishable agricultural and food products within a period exceeding 30 days from the expiry of the delivery period or the date of issuance of the accounting document, whichever of these two occurs later;
2) agreeing payment terms or making payment to the supplier for other agricultural and food products in a period exceeding 60 days after the expiry of the delivery period or after the date of issuance of the accounting document, whichever of the aforementioned dates occurs later;
3) cancellation in full of ordered perishable agricultural and food products within a period shorter than 30 days from the agreed delivery date, or within a period in which it is not reasonably expected that the supplier can find an alternative means of placing such products on the market or using them;
4) unilateral amendment of contractual terms with the supplier, in particular those relating to the duration of the contract, delivery deadline, method, frequency, place and time of delivery, as well as the quantity of the contracted products and quality standards, method of payment, and price;
5) requiring payments from the supplier that are not related to the sale of the supplier’s products;
6) requiring the supplier to pay for the deterioration or loss of products occurring on the buyer’s premises or after the transfer of ownership to the buyer, where such deterioration or loss did not result from negligence or fault of the supplier;
7) refusal to provide written confirmation of the agreed terms where the supplier has requested such written confirmation;
8) requiring the supplier to bear the costs of handling consumer complaints where the supplier is not responsible for the cause of such complaints;
9) requiring, agreeing, or charging the supplier a fee, or demanding the supply of goods, in connection with the expansion or reorganisation of the buyer’s sales network;
10) charging the supplier for the costs of additional product quality control where it is established that the supplier’s product complies with the agreed quality standards;
11) conditioning the supplier to provide a security instrument for the supplied raw materials, where the buyer is under no obligation to issue security for received but unpaid agricultural and food products;
12) conditioning the supplier to accept payment in the form of multilateral set-off involving the transfer of the buyer’s debt to a third party;
13) requiring the supplier to enter into a contract with a third party or to make a payment to a third party, where such arrangements are intended to, or result in, the circumvention of the provisions of this Law;
14) the unlawful acquisition, use, or disclosure of the supplier’s trade secret within the meaning of the regulations governing the protection of trade secrets.

Exceptionally, the provision of paragraph 1, item 7) of this Article shall not apply where the supply agreement covers products to be delivered by a member of a cooperative or producer organisation of which the supplier is a member, provided that the acts and decisions of that producer organisation contain provisions having an effect similar to those of the contract.