Application
to the contract for technological connection
No. ____ dated __________
AGREEMENT ON INSTALLMENT PAYMENT UNDER THE CONTRACT
_______________________ "___" _________ 20__
Open Joint Stock Company "Interregional Distribution Grid Company of the Urals", hereinafter referred to as « network organization», represented by ___________________
Acting on the basis of _______________, on the one hand, and
_______________________________________ , hereinafter referred to as "Applicant" represented by ________________________________________________, acting on the basis of ____________________, on the other hand,
collectively referred to as the “Parties”, have entered into this Agreement to the contract for technological connection to electrical networks No. _________ dated ______________ (hereinafter referred to as the Agreement) as follows.
1. Hereby, in accordance with clause 17 of the Rules for the technological connection of consumer power receiving devices electrical energy, facilities for the production of electrical energy, as well as electric grid facilities owned by grid organizations and other persons, to electric networks, approved. By Decree of the Government of the Russian Federation No. 000 of December 27, 2004, the Parties agreed to provide the Applicant in accordance with the application submitted by him ref. No. ________ dated ___________ the next interest-free installment payment under the Agreement:
20__ | 20__ | 20__ |
|
1st quarter | sum | ||
2nd quarter | |||
3rd quarter | |||
4th quarter | |||
Total: |
* the amount of payment under the contract is distributed according to the schedule in accordance with the proposal of the Applicant (from the application) based on the fact that the installment plan is provided in relation to 95% of the payment for those. connection with the condition of quarterly payment of a fee in equal shares of the total amount of the installment plan for a period of up to 3 years from the date of signing by the parties of the Act on the implementation of those. accessions. it is possible to provide for more fractional payments (monthly) in the schedule, for more short term, in relation to the lower value of the cost of those. connection - at the request of the Applicant.
2. The parties have agreed that 5% (Five percent) payments for technological connection under the Agreement The Applicant is obliged to pay the Grid Organization within 15 days from the date of conclusion of the Agreement
3. This Applicant is granted a grace period 95% (Ninety five percent) payment under the Agreement for a period up to the moment signing by the Parties of the Act on technological connection under the Agreement in accordance with the terms of the Agreement. From the same date, the payment by installments provided for by this Agreement begins to operate.
4. The Applicant pays for the services under the Agreement (taking into account the installment plan in accordance with this Agreement) by transferring funds to the settlement account of the Grid Organization, unless a different payment procedure is established by an additional agreement of the Parties.
5. In the event that the Agreement, Specifications The Parties will make changes, according to which the maximum power of the Applicant's power receiving devices to be connected under the Agreement will be 15 or less or more than 150 kW, the Applicant loses the right to installment payment under the Agreement. In this case, the Parties undertake to conclude additional agreement to the Agreement, which determines the terms of payment, simultaneously with the introduction of the indicated changes to the Agreement regarding maximum power power receiving devices of the Applicant.
6. The Applicant has the right to pay for services under the Agreement in accordance with the installment schedule under this Agreement on any day of the relevant payment period specified in the schedule. The Applicant has the right to make the payment before the respective payment period of the installment schedule.
7. In case of violation by the Applicant of the terms of payment determined by this Agreement, the Grid Organization has the right to recover from the Applicant the amount of the outstanding payment, as well as interest calculated in accordance with the procedure provided for in Art. 395 of the Civil Code of the Russian Federation. Payment of interest does not release the Applicant from paying the debt incurred under the Agreement (Installment Agreement).
8. In the event of repeated (two or more times) failure by the Applicant to fulfill the obligation to pay under this Agreement, the Grid Organization has the right to unilaterally (out of court) terminate this Agreement by sending a notice of termination to the Applicant in a manner confirming its receipt. At the same time, the Applicant's obligation to make payment under the Agreement is considered to have occurred in full from the moment the Applicant receives a notice of termination of the Agreement.
9. The parties are obliged to notify each other in writing in a manner confirming the receipt of such a notification of a change in the name, payment details, location (place of residence - for individual entrepreneurs, individuals) affecting the execution of this Agreement, no later than 10 business days from the date of occurrence of the relevant circumstances. If the Parties fail to comply with this obligation, notifications sent by the Party, other documents in accordance with the terms of the Agreement, this Agreement, to the last address known to it, indicating the last details known to it, are considered appropriate.
10. This Agreement is integral part Contract for technological connection No. _______ dated __________.
11. This Agreement comes into force from the moment of signing and is valid until the Parties fully fulfill their obligations.
12. This Agreement is made in two copies, one for each of the Parties.
13. Addresses and payment details of the parties:
network organization: open Joint-Stock Company IDGC of Urals | legal address: Yekaterinburg, |
Mail. address: indicate the address of the branch / PO |
|
bank BIC |
Applicant: | Mail. address: |
Legal. address: |
|
Network organization: ___________________________ ________________ /______________/ | Applicant: __________________________ ___________________________ _______________ /__________/ |
For applicants up to 150 kW inclusive (including power receiving devices previously connected at this point of connection)
If a higher value is not proposed by the Applicant
If a lower value is not proposed by the Applicant
If an earlier payment start date is not proposed by the Applicant
One way to change the obligation is to enter into an installment agreement. This is the same debt restructuring that is actively used by business entities and banks. Unlike similar agreements and about, debt installment means nothing more than a change in the obligation, but not its termination.
The terms for repaying the debt can be changed by the parties by agreement at any stage, before going to court or within the framework of. But different ways. Can be used for a contract.
When the debt has already formed and it is difficult to pay it, use the debt installment agreement.
An example of an installment agreement
Debt installment agreement
Kondakov Ilya Vladimirovich, born on May 11, 1987, passport of a citizen of the Russian Federation series 13 79, issued by the TOM of the Northern District of Taganrog on May 20, 2005, registration address: Russia, Rostov Region, Taganrog, st. Spring, d. 12, referred to as the "Creditor", on the one hand, and
Larichenko Dmitry Pavlovich, born on October 10, 1990, passport of a citizen of the Russian Federation series 67 91, issued by the Department of the Federal Migration Service of Russia for the Rostov Region in the Central District of Rostov-on-Don on October 15, 2015, registration address: Russia, Rostov Region, Taganrog, st. Svetlova, d 17, apt. 24, hereinafter referred to as the "Debtor", on the other hand,
collectively referred to as the "Parties", have entered into this agreement as follows:
- The subject of this agreement is the provision of an installment plan for the repayment of the principal debt and a contractual loan agreement between the Parties dated August 11, 2018.
- The Debtor's debt to the Creditor as of the date of signing this agreement is 58,000 rubles, including the principal debt - 50,000 rubles, the contractual penalty - 8,000 rubles.
- The Lender hereby undertakes:
provide the Debtor with an installment plan for repayment of the debt specified in paragraph 2 of this agreement for a period of 3 months, starting from November 27, 2018 until February 28, 2019.
suspend the accrual of interest and contractual penalty on the amount of the principal debt under the loan agreement dated August 11, 2018, subject to the debt repayment schedule;
not apply to the courts for debt collection until the debt is fully repaid, provided that the debt is repaid in a timely manner in accordance with the schedule established in clause 4 of this agreement.
- The debtor undertakes to repay the debt in the amount specified in paragraph 2 of this agreement, in accordance with the following schedule:
until December 28, 2017 - 20,000 rubles.
until 01/28/2018 - 30,000 rubles.
until February 28, 2018 - 8,000 rubles.
- In case of violation of the debt repayment terms specified in clause 4 of this Agreement, the Debtor shall be liable in the form of an obligation to pay a penalty in the amount of 10% of the total amount of the debt specified in clause 2 of this Agreement for each day of delay.
- This Agreement shall enter into force from the date of its signing by the parties and shall be valid until the Debtor fully repays the debt, but no later than February 28, 2018.
- The Agreement is made in two copies, having equal legal force, one for each of the Parties.
- Details and signatures
Creditor
Kondakov Ilya Vladimirovich, born on May 11, 1987, passport of a citizen of the Russian Federation series 13 79, issued by the TOM of the Northern District of Taganrog on May 20, 2005, registration address: Russia, Rostov Region, Taganrog, st. Spring, 12
I.V. Kondakov
Larichenko Dmitry Pavlovich, born on October 10, 1990, passport of a citizen of the Russian Federation series 67 91, issued by the Department of the Federal Migration Service of Russia for the Rostov Region in the Central District of Rostov-on-Don on October 15, 2015, registration address: Russia, Rostov Region, Taganrog, st. Svetlova, d 17, apt. 24
D.P. Larichenko
Who enters into an installment agreement
Any persons bound by a monetary obligation may enter into such an agreement. Moreover, its party may be a banking organization, state funds (for example, for the payment of mandatory payments), performers utilities(for utility bills).
In addition to the payment by installments of the debt, the granting of a deferment is also allowed. By analogy with it is necessary to determine the deadline for paying the debt.
Contents of the installment agreement
You can propose to change the procedure for repaying debts orally, as well as by sending to writing the corresponding offer. In addition to the details common to all agreements, such as date and place, parties, effective date, number of copies, pay special attention to:
– fixing the amount of the principal debt, penalties, fines and forfeits
– drawing up a debt repayment schedule: specify specific dates (by the deadline), the amount of payments, the method of repayment (cash, non-cash)
– suspension of the calculation of penalties, interest, their increase or decrease
– application (non-application) of penalties up to termination of the contract in case of violation of the schedule.
If the court decision took place, instead of an agreement on the installment plan of the debt, conclude a settlement agreement or file such a decision with the court.
To date, the legislation of the Russian Federation provides participants in financial and economic relations wide range of tools, allowing the most profitable to conclude transactions for the sale of all kinds of goods, services, as well as other rights.
One of these tools is use of deferred payment transactions that have received widespread use. For example, in shops from selling phones to expensive cars with deferred payment for the sale of goods, or wholesale trade organizations and enterprises with all kinds of products, goods, services, providing for deferred payments, buying and selling an apartment.
Compilation features
The very concept of deferred payment is concept of agreement with the seller that the purchaser repays the fee after a certain period of time after receiving the goods. The essence of the deferment of the obligation to pay and is entrepreneurial interactions between participants in transactions.
The delay may contain various conditions, the period through which payment must be made. Interest may additionally be applied to the amount of debt, if the parties to the transaction agree on such.
Credit and economic relations containing deferred payment have the properties of a commodity loan and can be regulated by the norms of Article 488 of the Civil Code of the Russian Federation.
The participants in the transaction are agreement(Article 488 of the Civil Code of the Russian Federation) on the obligation of the seller to transfer certain things to the buyer with a simultaneous obligation to pay after some time. Essential condition provides mandatory approval at the price of the goods, at the time of its payment, that is, the delay.
It must be borne in mind that interest may accrue in accordance with Article 395 of the Civil Code of the Russian Federation. This happens when payment obligations are violated. The interest calculation period is equal to the period from the date of obligation to pay until the day of payment for the item under the transaction. The contract may agree on a condition for the payment of interest on an amount equal to the price of the goods. The start date for the calculation of interest begins on the day the goods are handed over by the seller.
It should be noted about such a condition of the parties to the agreement as counter performance of obligations(). Its meaning is to obtain the right of one of the parties to suspend the performance of its obligations. This right arises in case of failure of the other party to fulfill its obligations.
There are differences between the concept of deferred payment under the contract, as well as installments. The installment plan provides for the repayment of the debt by the buyer in installments within a period of time agreed by the parties. The deferment includes a condition on a lump-sum payment for the goods after a time specified by the participants in the relationship.
Paragraph 5 of Article 488 of the Civil Code of the Russian Federation also determines that before payment is made, the goods are considered to be pledged. This rule regulates the right of the seller to fulfill the obligations of the buyer, that is, the buyer will not be able to sell the goods or otherwise transfer ownership without obtaining the approval of the supplier.
Thus, the peculiarity of the described contract with a deferred payment provides for limiting the possibility of disposing of the subject under the contract. However, if the parties agree to cancel the pledge, the encumbrance on the goods will be leveled.
Condition Statement Example: “The parties agreed on the absence of a pledge of products. The product sold is not considered to be pledged to the supplier.
Turning to the vast judicial practice on issues arising from the pledge, you can be guided by the Resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation of February 17, 2011 No. 10.
Of course, the parties may change their obligations, always in agreement with each other newly emerging conditions. Then, in order for the condition on new circumstances under the contract to be legal, the following can be provided.
The term for the fulfillment of obligations is recognized to be equal to 7 days and is calculated from the moment the seller presents the amount for payment. This term is applied if it is impossible to determine the day of payment for the goods in accordance with the contract.
The contract, which has typical characteristics, undoubtedly includes a preamble (introductory part), date, place of drawing up. Next, you need to describe the subject of the transaction, which means the type of goods, products, services, the payment period, the procedure for the parties to the transaction. It is also necessary to agree on the circumstances of the delivery of the goods, for example, to determine the place of unloading, time or packaging.
DELIVERY CONTRACT No.
Moscow
02.2017.
LLC "SUPPLIER" represented by CEO ______________________________, acting on the basis of the Charter, hereinafter referred to as PARTICIPANT 1 and LLC "BUYER" represented by Deputy Director __________________, acting on the basis of Order No. 6 of January 31, 2017 "On granting the right to sign", hereinafter referred to as PARTICIPANT 2, as well as PARTICIPANTS under the transaction, have entered into this agreement as follows.
Subject of the Agreement
1.1. PARTICIPANT 1 undertakes to transfer the equipment and materials (hereinafter referred to as the Goods) to the BUYER on the terms of this agreement.
1.2. Payment for the goods and its acceptance by the PARTICIPANT 2 occurs on the terms specified in the invoices or specifications.
Terms of sale of goods
2.1. The goods are transferred to PARTICIPANT 2 on the terms of independent export by the Buyer's transport or by the forces of the involved transport company from the warehouse of the PARTICIPANT 1, unless otherwise specified in the invoice (specification).
Price of the Goods and payment procedure
3.1. PARTICIPANTS provided for a deferral of payment of the price, the terms of which are additionally agreed upon by the parties for each delivery.
Responsibility of PARTICIPANTS
4.1. PARTICIPANTS may be held liable in case of non-fulfilment of this Agreement in accordance with the legislation of the Russian Federation.
4.2. PARTICIPANTS allow the application of other measures of responsibility in case of failure by the parties to fulfill their obligations.
Force Majeure
5.1. In the event of force majeure circumstances, the PARTICIPANTS are not liable for their obligations.
Dispute Resolution
6.1. If disputes arise, they are resolved through negotiations or in courts.
Contract time
7.1. The Agreement is valid until December 31, 2017 and enters into force on the day it is signed by the parties.
Details and signatures of PARTICIPANTS
How to work with deferred payment, you can learn from this video.
The installment agreement is successfully used by both individuals and legal entities. It is used to execute a transaction with an installment payment without involving third parties ( financial structures providing secured consumer loans). The financial security of the seller directly depends on the completeness of the information specified in the contract and the correctness of its preparation, and special attention should be paid to the contract.
Where does an installment payment agreement apply?
Drawing up an installment agreement is relevant in many areas of activity and is regulated by paragraph 1 of Chapter 30 of the Civil Code Russian Federation. Participating parties can be both individuals and legal entities. The following forms of interaction are commonly used:- An agreement between legal entities. An installment agreement is drawn up between them for the supply of goods or the provision of services. It is often found in trade as one of the forms of interaction between suppliers and partners.
- An agreement between a legal entity and an individual. Used to sell expensive goods or services without involving credit institution. The buyer (individual), purchases from the seller ( legal entity) the goods, while undertaking, within the agreed time, to reimburse its full value by making equal payments. It is one of the most popular types of installment contracts.
- Purchase and sale agreement between individuals. It is usually used when processing transactions with valuable property ( vehicles, real estate, land plots). One of mandatory conditions registration in installments is drawing up a receipt.
Main provisions of the agreement
It is necessary to analyze in more detail the principle of drawing up a document based on its most popular type - an installment agreement between a legal and individual. Companies engage in this type of relationship for a variety of reasons:- in order to increase sales of expensive goods and services;
- for guaranteed attraction of the client, which allows him to offer him other services;
- for maximum profit. As a rule, seasonal discounts and promotions do not apply to goods issued in installments. Also, companies are not forbidden to set a percentage on the balance of the debt when registering goods with the provision of installments.
- The buyer immediately pays part of the cost of the goods (30 or 50%).
- The remaining part of the amount is signed for several months in equal installments.
- The goods are transferred to the buyer immediately after the conclusion of the contract. According to Article 459 of the Civil Code of the Russian Federation, in the event of damage to the goods accepted by the buyer, his liability under the contract is not canceled.
- After the full settlement with the seller, the contract of sale is considered closed.
Rules for the execution of the contract
The sample contract has the following format:- The name of the contract and the place where it was drawn up.
- Name and passport details of the parties to the agreement.
- Determining the essence of the contract (listing the goods to be paid in installments).
- The full price of the item.
- The amount of the initial contribution in percentage and monetary terms.
- Installment period and repayment procedure.
- Specify the amount to be paid. When calculating interest on a loan - an indication of the total amount of the purchase.
- Additional terms, procedure for termination and resolution of disputes.
- Signatures of the parties.
