Signing an agreement for the provision of services or the purchase and sale of goods is an integral part of business and everyday life. By concluding an agreement with a contractor for the construction of a house, you stipulate the dates for the completion of the object. When drawing up a sales contract with a supplier of goods, you also fix the terms, quantity and quality of the goods. And surely one of the clauses of any agreement must be a clause on the payment of a forfeit by a party that has not fulfilled its obligations under the contract. Otherwise, the losses cannot be reimbursed even through the courts.
Instructions
Step 1
If circumstances arise in which you have the right to claim a forfeit under the contract, you must first write a claim to the other party to the contract demanding payment of the forfeit.
Step 2
In your claim, you must describe in detail the reasons for such a claim.
Step 3
Be sure to indicate the amount of the penalty with a detailed calculation.
Step 4
Make sure you receive a notice of receipt of the claim by the other party to the contract.
Step 5
The forfeit can be a fixed amount or a percentage of the contract amount. This condition is negotiated at the stage of concluding the contract and is fixed in an additional agreement to the contract.
Step 6
A forfeit agreement must always be in writing, regardless of any other oral agreement. If the requirement for a written form is not complied with, then the agreement on the forfeit is considered invalid.
Step 7
An agreement on a forfeit does not need to be certified by a notary, in contrast to the basic obligations.
Step 8
The claim for the payment of the forfeit must be made before the principal amount under the contract is paid. If you fail to do so, you will no longer be eligible for such a claim.
Step 9
There are standard forms / forms for filing forfeits and claims with a clear list of all the items that you must fill out, sign and send to the other party to the contract.
Step 10
The form must contain at least the following items: To whom:
- full name of the organization
- mailing address
- TIN of the entity to which the claim is addressed
- Full name and position of the head From:
- full name of the organization
- mailing address
- TIN of the subject, applicant
- Full name and position of the head Claim - reason for the claim
- the amount of the claim, the cost of one unit of goods, forfeit
- link to the contract
- description of goods, quantity, terms
- description of payment terms
- full calculation of the penalty
Step 11
Attach all accompanying documents to the form, such as contract, invoices, invoices and other documents related to the case.
Step 12
When buying a product in a store, you also enter into a kind of contract for the sale of goods with the seller. If the goods turned out to be of poor quality in accordance with the law "On the protection of consumer rights", you have the right to demand a forfeit. But for each type of product there are rules and exceptions.
Step 13
There is a category of goods that can be claimed within a certain period (for example, 2 years), if the expiration date of the goods has not expired. To do this, you need to conduct an independent examination and get an opinion. With this conclusion, you can contact the store and request a refund.
Step 14
If you have returned the product for repair under warranty, and you are not repaired within the promised time frame, you have the right to demand a forfeit for violation of the terms. According to the law, the amount of the forfeit can be 1% of the value of the goods for each day of delay. Do not forget to write a claim in two copies and provide both to the repair shop or service center - on one of the copies, the service workers must put a mark that they received your claim. The money must be paid to you within 10 days. If this does not happen, you have the right to go to court for recovery.
