A forfeit is a monetary amount determined by law or a contract arising from the failure or insufficient performance of obligations.
How, if necessary, to calculate its amount?
Read the Law of the Russian Federation "OnProtection of consumers' rights ", describing the provisions on the fact of forfeit, which the consumer has the right to demand from the executor in case of violation of the terms of the contract. Paragraph 5 of Article 28 of this Law determines the procedure for calculating a penalty for violation of the deadlines for the performance of work or the provision of services. The forfeit is presented to the debtor, in case of non-payment, you can file a legal action on the fact of the debt.
Determine the minimum forfeit amount. It is established by law at least 3% of the cost of work or services. Read the contract for work or services, which should specify the amount of the penalty. If this value has not been agreed, the calculation takes the standard 3%.
Calculate the cost of work or services. If the order consists of several types of work or services, then the calculation takes the cost of the work, the execution time of which was violated. The price for its implementation should be indicated in the contract, if there is none, then for calculation 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 that follows the day of the specified period in the contract, and its duration is determined in days. If the period in the contract is indicated in hours, then the calculation is carried out in hours. Penalties shall be collected until the date of the fulfillment of the claim by the executor or the date of presentation of the new claim.
Find Amount Forfeits. It is equal to the product of the penalty, the price of work and the duration of the delay. This value is limited and should not exceed the cost of the common work or service established under the contract.