Breach of contract
If there is a delay in the performance of the takenon itself of the obligations provided by the contract, the party in relation to which this violation took place, can expect to pay the penalty in the form of a fine or a fine. It is charged for each overdue day at the end of the time stipulated in the contract. And its size is set according to one three-hundredth part of the refinancing rate of the Central Bank of the country, acting on the day of payment. The violator of his obligations will be released if he can prove that the delay was not due to his fault, but because of the intervention of a third party, natural disasters and other unforeseen circumstances. In addition, the provisions on forfeit in the contract are necessary elements of it, as stipulated by the legislation of the Russian Federation.
Temporary measurement of charges for breach of contract
Days of delay are calculated at the end ofthe last day of observance of obligations under the contract. After their implementation, the arrears cease to count from the time specified in the act of fulfilling the obligations. If the obligations have not been fulfilled, and the party, due to which there was a violation of the agreements, is ready to pay the penalty account, the date for drawing up the account is the final term for payment of the penalty.
Calculation of penalty at the refinancing rate
The balance of the undelivered goods orunrequired services is an indicator of the amount of obligations under which the amount of outstanding obligations is measured. In those cases where the contract is partially executed, the forfeit is calculated at the refinancing rate according to the difference in price under the contract and the amount of the services or goods received. That is, the unfulfilled obligations are measured in their material conformity (in units, pairs, kilograms, etc.) with the price expression provided for in the contract, whether it is a completely unavailable commodity until a certain moment of cooperation or undercompleted few insignificant points of the contract.
How to calculate the penalty at the refinancing rate
To perform the operation of determining the exact amountpayment of a penalty according to the refinancing rate is necessary, taking into account the period of unfulfilled obligations, to take into account the amount of the rate from the first day to the last, as well as any changes in it during the whole period of time. Thus, if the forfeit period is 100 days, for the first 25 days the rate was 6.5%, the next 50 days - 7% and the remaining 25 days - 7.2%, then the average rate will need to be calculated as follows:
(6.5 × 25 + 7 × 50 + 7.2 × 25) / 100 = 6.92
Расчет неустойки по ставке рефинансирования с уже a certain percentage, regardless of the current changes throughout the period of default, must be carried out according to the formula:
A = B × ((CP / 300) / 100) × D;
Where:
A - amount of forfeit;
SR - the refinancing rate;
B - the amount of unfulfilled obligations;
D - number of overdue days.
Elements in the formula are extremely clear and logical for most members of modern society who have the opportunity to conduct business relations. It uses
intuitive calculation of penalty at the raterefinancing. Which, in turn, is a kind of percentage instrument for measuring financial values, depending on market fluctuations. In addition to calculating the forfeit, it is used to determine bank rates, tax percentages, loan contract ratios and other transactions that require the objective intervention of measuring units that are adapted to market conditions and its fluctuations in different time periods.
