breach of contract
In the event of delay to implement its obligations under the treaty, the party against which a violation has taken place, can expect to pay a penalty in the form of fines or penalties.It is calculated for each day of delay at the end of the time prescribed by the contract.But its size is set according to one three hundredth of the refinancing rate of the Central Bank, acting on the date of payment.The intruder freed of its obligations if it can prove that the delay was not his fault, but because of the intervention of a third party, natural disasters and other unforeseen circumstances.In addition, the penalty provisions in the contract are necessary elements of it, as stipulated by the legislation of the Russian Federation.
time dimension charges for breach of contract
days of delay accrued at the end of the last day of compliance with the obligations under the contract.After their performance, delay no longer count on the date specified in the act on the implementation of the commitments.If the obligation was never fulfilled, and the party, due to which there was a violation of the agreements, is ready to pay the penalty for the account, the date of the compilation of the account is the final term of payment of the penalty.
calculation of the penalty at the rate of refinancing
Amount of the undelivered goods or non-provided services is an indicator of the size of the liabilities, which is measured according to the value of outstanding obligations.In cases where the contract is executed in part, payment of a penalty at the rate of refinancing is carried out according to the difference of the price and the size of the contract goods or services.That is outstanding obligations are measured according to their material (in units, pairs, kilograms, etc.) provided by the contract terms of value, whether it is fully received goods to a certain point, or cooperation underfulfilled few minor points of the contract.
How to calculate the penalty at the rate of refinancing
for the operation determining the exact amount of the payment of the penalty at the rate of refinancing is necessary, given the period of unfulfilled obligations, taking into account the size of the rate on the first day to the last, as well as any of its changes overall the time.Thus, if the penalty term is 100 days, for which in the first 25 days was equal to the rate of 6.5%, the next 50 days - 7% and the remaining 25 days - 7.2%, the average rate must be calculated as:
(6,5 × 25 × 50 + 7 + 7,2 × 25) / 100 = 6,92
calculation of the penalty at the rate of refinancing has a certain percentage, regardless of the number of current developments throughout the period of non-compliance should be conducted according to theFormula:
A = B × ((CP / 300) / 100) × D;
Where:
A - value of liquidated damages;
SR - refinancing rate;
B - amount of unfulfilled obligations;
D - the number of overdue days.
elements in the formula are clear and logical for the majority of the members of a modern society with the opportunity to conduct business with.It uses an intuitive
payment of a penalty at the rate of refinancing.Which, in turn, it is a unique tool for measuring the percentage of financial variables, depending on market fluctuations.In addition to calculating the penalty, it is customary to use, determining the bank rate, the tax percentages, ratios zaymovyh contracts and other operations requiring the intervention of objective measurement units adapted to the market conditions and fluctuations in the different time periods.
