At the conclusion of the delivery document, the parties have a lot of strange things. One of the popular questions is how to calculate the contractual penalty. This is not a complicated matter, as it might seem at first glance. The rules are clear enough, and you don’t need to be a lawyer. It is important to read the necessary sections, paragraphs in the contract.
What is a forfeit?
Most people have signed an agreement at least once. Attentive persons read the contents of the document, which is necessarily responsible for the violation. Information about the penalty is in article 330 of the Civil Code. There is information there, how to calculate the contractual penalty?
Forfeit is the amount that the offender pays to the other party in case of failure to fulfill the obligations specified in the contract. The penalty may be in the form of a fixed amount, which is called a fine, as well as in the form of a percentage called fines. How to calculate the contractual penalty?
Calculation Rules
You need to be able to correctly calculate the penalty under the contract. A calculator will help. The penalty calculation formula is used when a violation of the conditions of the document occurs. It needs to be known to both parties, which will help determine the exact amount of payments.
How to correctly calculate the contractual penalty so as not to be mistaken. First, you should establish several indicators used in calculating interest:
- the amount from which the penalty will be calculated: it may be the part paid or not;
- the amount of interest prescribed in the contract for violation of its terms;
- time period (for example, days of delay in delivery of goods or non-payment).
If this data is available, it will be possible to calculate the penalty under the equity agreement. No other information is required.
Calculation formula
A special formula will help to calculate the penalty under an equity agreement. The calculator also works on this principle. The amount of the contract must be multiplied by the interest rate, and then by the time of delay.
Example. The contract was concluded for the purchase of building materials for 10,000 rubles. Delivery period is 10 days from payment. In the designated period, nothing was provided. The delay is 2 weeks.
The document indicates that in case of a delay, the buyer has the right to recover a penalty of 1% of the amount for each day. It turns out that the calculation of the penalty looks like this: 10,000 x 1% x 14 = 1,400 rubles. This example clearly shows how to calculate the penalty on the supply contract.
Sometimes the agreement does not indicate the amount of interest. Usually it indicates that the calculation of interest is based on the legislation of the Russian Federation. Then the penalty is calculated at the rate of the Central Bank of the Russian Federation, and you can find it on the official website. The Civil Code also has information on how to calculate a contractual penalty.
Receipt of the penalty
To receive money from the violator, you need to contact him for arbitrary payment. A written complaint must be drawn up. It must include the details of the document, the need to pay interest, the calculation of the penalty, the offer of voluntary repayment, method and term.
Appeal to the violator of rights is a mandatory step. If this does not work, and no action is taken from him, then you must go to court. Then the whole situation will be considered in detail, which will take a lot of time. It is best to agree voluntarily, and this requires active negotiations between the parties.
What determines the forfeit?
There is a regulatory contractual penalty, which is calculated on the basis of legislation and the contract. Therefore, any legal sanction may be regulatory and contractual. Because of this, riots often occur. For convenient calculation, there is a penalty, a fine and a penalty.
Forfeit is legal and contractual. The sanction is presented in the form of payment for default. Penalties are calculated as a percentage.
For damages there are penalties:
- credits;
- penalties;
- exceptional;
- alternative.
Such a distribution is indicated in article 394 of the Civil Code of the Russian Federation. The penalty is paid in full, so it is considered the most reliable. In case of an alternative, the violating party has the right to choose compensation for damage. Exclusive involves the payment of funds without payment of losses. The credit is considered a fine, the amount of which is not covered by the penalty. Any penalty is paid voluntarily and by court order.
How to determine the delay period?
At the conclusion of the document, the parties make information about the need to pay a penalty in case of violation of the conditions. This must be done, as the parties will try to comply with all the rules of the transaction so as not to pay extra money.
In case of violation, the culprit pays the injured party a fixed amount or fine. In the first case, usually there are no questions about the amount of payment. The document may include a percentage that is suitable for both parties.
If the obligations were not fulfilled before the required date, the delay will be calculated from the next day. The fulfillment of obligations is prescribed in the act of acceptance of goods. The calculation takes into account working days, weekends and holidays. The infringer must pay the calculated value to the other party.
Violation of deadlines
Under the law, violation of the deadlines is unacceptable, which is why the contractor becomes responsible. The customer may demand a reduction in the price of work, terminate the contract or transfer the performance of obligations to another company.
Typically, the parties enter into a contract that sets out the rights and obligations of the parties. The customer may require payment of funds in case of violation of the terms of the document. He also has the right to assign a new deadline.
The customer has the opportunity to demand payment of a penalty for each day, hour, depending on what is indicated in the contract. But usually the first option is used. This allows you to compensate for the harm caused. Moreover, obligations must be fully implemented.
The nuances of calculating the penalty
Interest is accrued until such time as there is complete fulfillment of obligations, for example, until the moment the goods arrive. It should be borne in mind that if there is no way to set the rate in the contract, then you need to take the refinancing rate, which is at the time of payment.
It should be distinguished overdue for default on interest from the use of money received on a loan, a loan. The penalty is used for incomplete performance of obligations. To fully understand this area, it is advisable to contact a lawyer. He will talk about the principles of legislation that will help to correctly complete the transaction. Elementary knowledge is needed for the proper execution of the contract.