The provision of a service or the sale of goods with deferred payment is one of the forms of interaction between participants in economic activity. As a general rule, money is transferred in advance or after completion of work or the provision of services, but there are exceptions.
Normative regulation
The Civil Code of the Russian Federation establishes a general rule on payment for a product when money is transferred immediately after the transfer of the goods. At the same time, the right is given to arrange goods in installments. Relations are built purely between the seller and the buyer.
Another option is to buy goods on credit, where bank funds are raised. The seller immediately receives the money, and the debt is repaid to the bank. A loan is issued with the expectation of paying off a debt in one installment or is also issued in installments.
Scope of application
Goods with deferred payment are presented in various fields - in the field of retail trade, in relations between entrepreneurs or organizations. In some cases, delay is becoming the norm. In particular, in the field of state and municipal orders, performers are faced with the imposition of deferred payments. Sometimes they are confronted with a fact, and they are forced to go to court. However, we consider cases of voluntary application of the described scheme.
In this case, it is necessary to distinguish between the concepts of "provision of goods with deferred payment" and "suspensive condition of the transaction." When using a suspensive condition, the effect of the contract is made dependent on the circumstances of the future.
Application features
The provision of goods with deferred payment is allowed upon agreement of both parties. The seller has the right to agree to such a condition, but this is not his duty.
It can be formulated in a variety of ways. The transfer of funds is tied to a date, calculated depending on the periods or at the end of the term for fulfilling the terms of the contract. Interest may be charged on the amount of the debt.
Delayed goods are transferred after signing the document. The condition is contained directly in the contract or an additional agreement is drawn up, devoted only to deferment. The agreement is deemed reached subject to agreements on the price of the item, the procedure, timing and amount of payments.
Interest and interest charges
Sale of goods with deferred payment does not exclude interest - a fee that is taken for using the creditor's funds.
Penalty - penalties for late payment. Interest is usually included in the payment, and the client sees the results based on their accruals. Penalty is charged in case of violation of the term and (or) insufficiency of the deposited amount.
Product Status
The purchase of goods means that it becomes the property of the buyer, but remains pledged to the seller. When evading payment, the seller has the right to select the goods in return for the debt. Naturally, everything is done through the courts. At the same time, the plaintiff has the right to demand only compensation, and leave the goods with the buyer.
The acquirer does not have the right to sell property until the debt is paid off. If in the case of household appliances and other things for which rights are not registered, the pledge does not actually work, then in the case of vehicles and real estate there are no problems with the pledge due to the need to make an entry in the register of rights. The transfer of ownership becomes impossible. The deferral contract usually also indicates the fact of the pledge.
What does the agreement look like?
Samples of the contract of sale are different, depending on who formulated it and for what purposes:
- Firstly, there is a difference between an agreement in which, for example, the subject is real estate, and retail sale of goods.
- Secondly, some contracts are concluded by specific entities. For example, the delivery of goods is carried out by an entrepreneur or commercial organization.
- Thirdly, we must not forget about the interests of the parties that formulate the terms of the contract, based on their own preferences.
The use of deferral requires you to enter into an agreement in writing. The document will look like this:
- subject of agreement (product description);
- parties (name of organizations and information about the person - name and passport details);
- rights and obligations of parties to a transaction;
- deferral condition (formulated taking into account the above information, otherwise it has no effect);
- the price of the product;
- signatures of the parties.
A sample sales contract can be built in a different way: some items are more detailed, some less or none at all. The text is sometimes placed on a small piece of paper. Introductory fragment is presented below.
Commercial Features
In business, delivery is common as a form of relationship. One of the essential conditions is the timing. Transfer takes place by shipment of goods with deferred payment. The fact is that an agreement can be concluded for a long period, and therefore payment is not regulated in the same way as in retail.
The receipt of goods is recorded in invoices and other documents that already serve as the basis for making payment. But in accordance with the clauses of the contract, time is given for quality control or other procedures.
The delay in payment is sometimes associated with objective circumstances, as a result of which the parties sign an additional agreement fixing changes in the payment date.
It is impossible to exclude actions to introduce a delay in the onset of a number of force majeure circumstances. Then the parties will discuss in advance the conditions for repayment of the amount. In this case, the signing of additional contracts is not required.