The penalty is a monetary amount determined by law or contract, are the result of non-performance or inadequate performance of obligations.
How to calculate its amount, if necessary?
Discover the Russian Federation "About the LawConsumer Protection ", describing the situation on the fact of the penalty which the consumer has a right to demand from the contractor in case of breach of the terms of the contract. In paragraph 5 of Article 28 of the Act stipulates the procedure for calculating the penalty in case of violation of terms of performance of works or rendering of services. The penalty against the debtor in the case of non-payment, you can submit a lawsuit on the fact of the debt.
Determine the minimum amount of the penalty. It is established by the legislation of at least 3% of the value of the work or services. Check out the contract for performance of work or provision of services, which should be indicated the amount of penalties. If this value is not specified, then the calculation of the standard 3% are taken.
Calculate the cost of the work or services. If an order consists of several types of work or services, the calculation shall assume the cost of the work, which deadlines have been violated. Price for its implementation shall be specified in the contract, if there is none, then take to calculate the total price of the order.
Calculate the length of the delay. The calculation is carried out in the time units specified in the contract. In other words, if the deadlines are specified in days, the penalty is calculated from the day following the day the deadline in the agreement, and its duration is determined in days. If the term of the contract is indicated in hours, and the calculation is carried out in hours. A penalty is made until the date of implementation of the requirements of the performer or the date of the new requirements.
Find worth penalty. It is equal to the product of interest penalty rates of work and the duration of the delay. This value is limited and should not exceed the total cost of the work or services established by contract.