People who make it a rule to familiarize themselves with the contents of the contract know their rights and for what actions they may receive a penalty in the amount indicated in the document. An alternative is to lose compensation, having every right to it.
Forfeit: concept
What is considered a forfeit in the field of sale? First of all, it is a fine expressed in monetary terms in the amount prescribed in the terms of the contract, or a fine established in accordance with the clauses prescribed in the contract. Speaking more globally, then forfeit is understood as the funds provided by the relevant document or law that the debtor pays to the creditor.
Often they say about the penalty when there is a contract and there is dissatisfaction with the performance of work, dissatisfaction with the provision of services, and the like.
For example, when buying furniture in a store, an agreement is concluded for the supply of products from the manufacturer’s warehouse. It prescribes the delivery time, and in case of violation of the terms, the buyer can come and demand the payment of a penalty in the amount specified in the standard store agreement. At the same time, response measures may be prescribed there. For example, when the buyer does not pick up his goods on time, and he is stored in the warehouse longer than the period specified in the contract. This situation also provides for the payment of a fine, but only by the buyer to the store.
Types of Forfeit
If the obligations agreed upon by the parties are poorly performed: the customer is dissatisfied with the result, then the penalty agreement will come into force.
In fact, there are 2 main types into which the penalty can be divided:
- the basis on which it arises;
- in relation to the resulting losses.
What does “foundation of occurrence” mean? By this is meant what document it confirms: it is provided for by law or contract.
As for the “regarding losses”, it’s more complicated here:
- penalty penalty - in the amount of covering losses in full and plus the penalty itself;
- exceptional penalty - money is paid only for the penalty (no loss);
- offset penalty - a penalty is paid plus losses that are not covered by it;
- alternative penalty - the lender determines whether the loss is paid, or the penalty.
To correctly calculate the amount, you need to study the documents.
How the size of the penalty is calculated
A legal penalty can be said to have absolute force. When calculating, it does not matter if the conditions in the contract exist and whether the amount of the contractual penalty is specified. In addition, in the agreement its size cannot be reduced. Dates can be counted in days or hours.
According to the legislation ("On Protection of Rights ..." and GK Art 332) the amount of the penalty is determined:
- as 1% (when selling goods) per day of delay;
- as 3% (for services) per day of delay.
We give an example.
Consider a situation that is often encountered in life: 04/01/2018 a phone worth 10,000 rubles. handed over for repair under warranty. Information about the completion of the repair was not received. The buyer draws up a claim for return on May 23, 2018, but the issue of the claim has not been resolved. 06/15/2018 OZPP filed a lawsuit in court to protect rights.
Payment:
- The size of the penalty for each day of delay is 10,000 * 1% = 100 rubles / day.
- The delay period is 7 days, because the guarantee ends on 05/16/2018 inclusive. Total: 7 * 100 = 700 rubles / day.
- After this there is an delay for violation of the terms of return: 23 * 100 = 2300 rubles.