A forfeit is a sum of money determined by law or contract, which arises as a result of non-fulfillment or insufficient fulfillment of obligations. How, if necessary, calculate its amount?
Instructions
Step 1
Read the Law of the Russian Federation "On Protection of Consumer Rights", which describes the provisions on the fact of forfeit, which the consumer has the right to demand from the contractor in case of violation of the terms of the contract. Clause 5 of Article 28 of this Law defines the procedure for calculating a forfeit in case of violation of the deadlines for the performance of work or the provision of services. The penalty is presented to the debtor, in case of non-payment, you can sue for the debt.
Step 2
Determine the minimum amount of the forfeit. It is established by law at least 3% of the cost of work or services. Read the contract for the performance of work or the provision of services, which should indicate the amount of the penalty. If this value has not been specified, then the standard 3% is taken for the calculation.
Step 3
Calculate the cost of a job or service. If the order consists of several types of work or services, then the calculation takes into account the cost of the work, the deadlines for which were violated. The price for its implementation must be indicated in the contract, if there is none, then take the total price of the order for calculation.
Step 4
Calculate the duration of the delay. The calculation is carried out in the time units specified in the contract. In other words, if the deadlines are indicated in days, then the forfeit is calculated from the day following the day specified in the contract, and its duration is determined in days. If the term in the contract is indicated in hours, then the calculation is carried out in hours. The collection of the forfeit is carried out up to the date of the fulfillment of the claim by the contractor or the date of the presentation of a new claim.
Step 5
Find the amount of the forfeit. It is equal to the product of the percentage of the forfeit, the price of the work and the duration of the delay. This value is limited and should not exceed the cost of the total work or service specified in the contract.
