hello we are public budget institution. We had to conclude a contract for the provision of security services for a period of 6 months. The authorized body carried out electronic auction according to Law 44-FZ. Time dragged on while monitoring documents, EA, FAS complaints, etc., when we signed a contract, its period was 4 months. It turned out that the specification indicated 6 months on time, the amount for 6 months, and in fact the services were rendered for 4 months. We paid the counterparty the amount for 4 months, but he filed an application with the court to recover money from us for all 6 months. Is it legal?
- Question: No. 1888 dated: 2015-05-18.
Hello, in regards to your question, we would like to inform you that:
In accordance with paragraph 1 of Art. 779 of the Civil Code of the Russian Federation, under a contract for the provision of services for a fee, the contractor undertakes, on the instructions of the customer, to provide services (to perform certain actions or to carry out certain activity), and the customer undertakes to pay for these services.
Therefore, the agreement on the provision of security services concluded by you is a contract for the provision of services for a fee (hereinafter referred to as the Agreement).
According to Art. 783 of the Civil Code of the Russian Federation general provisions on the contract (Articles 702 - 729) and the provisions on domestic contracting (Articles 730 - 739) are applied to the contract for the provision of services for a fee, if this does not contradict Articles 779 - 782 of the Civil Code of the Russian Federation, as well as the specifics of the subject matter of the contract for the provision of services for a fee.
Thus, the norms of the Civil Code of the Russian Federation, which regulate the general provisions on the contract, can be applied to the contract to the extent that they do not contradict the special norms of the Civil Code of the Russian Federation.
By virtue of paragraph 1 of Art. 708 of the Civil Code of the Russian Federation, the contract specifies the start and end dates for the performance of work.
Therefore, the condition on the term for the provision of services is essential for contracts of this type.
In the contract concluded between the institution and the counterparty, the term for the provision of services was set at 6 months.
In accordance with paragraph 1 of Art. 781 of the Civil Code of the Russian Federation, the customer is obliged to pay for the services rendered to him on time and in the manner specified in the contract for the provision of services for compensation.
At the same time, by virtue of Part 2 of Art. 781 of the Civil Code of the Russian Federation in case of impossibility of performance due to the fault of the customer, the services are payable in full, unless otherwise provided by law or the contract for the provision of services for compensation.
The provisions of Part 2 of Art. 781 of the Civil Code of the Russian Federation regulate cases when the customer, without renouncing the contract and expressing the will to accept services, performs actions that exclude the possibility of providing him with proper services. In this case, the consequences of such an impossibility, consisting in the obligation to pay for the services in full, are assigned to him. By its nature, such an obligation is a measure of responsibility for breach of an obligation.
According to paragraph 3 of Art. 781 of the Civil Code of the Russian Federation, in the event that the impossibility of performance arose due to circumstances for which none of the parties is responsible, the customer reimburses the contractor for the expenses actually incurred by him, unless otherwise provided by law or the contract for the provision of services for compensation.
Thus, if the guilt of the institution in the deliberate creation of conditions for the impossibility of providing services is not proven, then the institution is obliged to pay the counterparty a fee for 4 months of its work. The obligation to pay remuneration under the Agreement for 6 months cannot be assigned to the institution.
This position is confirmed by judicial practice.
17 Arbitration Court of Appeal in its Resolution of July 26, 2010 No. 17AP-6383 / 2010-GK in case No. A50-2549 / 2010, it established that in the event that none of the parties can be found guilty of the impossibility of fulfilling obligations, the customer is obliged to compensate the contractor only expenses actually incurred by him, and at the same time he (the customer) is exempted from paying for the services of the contractor in full.
Attention! The information provided in the article is current at the time of its publication.
In case of shortage of goods, the Supplier returns to the Buyer the cost of the undelivered goods or compensates for the shortage in subsequent deliveries of the goods. 6.3. The Buyer has the right to demand that the Supplier reimburse the cost of a low-quality product or replace a low-quality copy with a high-quality one. 6.4. For violation of the terms of this agreement, the parties are liable in a civil manner, compensating the injured party for losses in the form of direct damage and lost profits. The burden of proving damages lies with the injured party. 6.5. In case of unreasonable refusal to accept the goods, the Buyer shall compensate for the losses in the form of direct damage and lost profits. 6.6. In case of delay in payment, the Buyer shall pay the Supplier a penalty in the amount of % of the value of the unpaid goods for each day of delay in payment, starting from the day, but not more than % of the value of the corresponding consignment of goods. 6.7.
Agreement No.
The other party to the Agreement has the right: — to demand the elimination of deficiencies that have arisen as a result of withdrawal from the Agreement; - in case of failure to eliminate the shortcomings within a reasonable time after sending the relevant request in writing, demand early termination of the Agreement unilaterally. 5.4. The performer bears liability: - for damage caused by theft of inventory items committed by breaking locks, locks, doors, windows, fences at the facility or in other ways, as a result of inadequate security; - for damage caused by the destruction or damage to property (including by arson) by unauthorized persons who entered the protected facility as a result of improper fulfillment by the Contractor of the obligations assumed under the Agreement; - for damage caused by fire or due to other reasons due to the fault of security guards.
5.5.
Contract for the supply of goods (with the condition of monthly deliveries)
The rights and obligations of the parties in the provision of consumer services are regulated by the Law "On Protection of Consumer Rights", as well as the rules of consumer services. In most cases, an agreement for the provision of services is drawn up in writing, although an oral agreement is also allowed between citizens if the cost of services does not exceed 10 thousand rubles.
rub. As for household services, an agreement for their performance can be drawn up both in a standard form and by filling out a receipt. At the same time, it must necessarily reflect all essential conditions contracts.
If household service is performed directly in the presence of the customer, then it is enough for the contractor to issue a cash receipt or other document confirming payment. A form of a standard contract for the provision of services can be found on our website.
Supply contract with the condition of monthly deliveries
Attention
In case of refusal of the Goods, the assortment of which does not meet the terms of the Specification to this Agreement, or the presentation of a demand for the replacement of the Goods that do not comply with the condition on the assortment, the Buyer has the right to also refuse to pay for this Goods, and if it is paid, demand a refund of the amount paid. 6. RESPONSIBILITY OF THE PARTIES 6.1. In case of violation of the term of delivery of the Goods, established by paragraph.
4.1 of this
Important
of the Agreement, as well as the term for the additional delivery of the Goods established by clause 5.2 of this Agreement, the Buyer has the right to present to the Supplier a demand for payment of a penalty in the amount of% of the cost of the Goods not delivered on time for each day of delay. 6.2. In case of violation of the term for payment of the cost of the Goods, established by paragraph.
2.3 of this Agreement, the Supplier has the right to present to the Buyer a claim for payment of a penalty in the amount of % of the amount not paid on time for each day of delay.
Possible payment options under the contract
Info
In the event that all measures provided for in this Agreement are taken to timely notify the Customer of the improper fulfillment by contractors of their obligations under the construction contract, the Contractor shall not be liable for the activities of contractors, but participate in the tender of contractors to complete the construction. 2. OBLIGATIONS OF THE PARTIES 2.1. OBLIGATIONS OF THE CONTRACTOR 2.1.1.
On behalf of the Customer, conscientiously and efficiently control the cost of internal repair and finishing works under this Agreement. For these purposes, the Contractor performs the following types of work: - controls the volume of work performed; — takes part in the intermediate acceptance of the completed stages, puts the coordinating signatures in the acts of acceptance of the work performed; 2.1.2.
Contract for the provision of accounting services
Sample documents Agreement for the provision of services for the protection of real estate (with the condition of monthly payment for the services of the contractor) AGREEMENT N for the provision of services for the protection of real estate (with the condition for the monthly payment for the services of the contractor) d. » » , hereinafter referred to as the "Customer" , in the person, acting on the basis, on the one hand, and the Private Security Company, hereinafter referred to as the "Contractor", in the person, acting on the basis of and a license on private security activities N dated » , issued, on the other hand, concluded this Agreement as follows. 1. SUBJECT OF THE AGREEMENT 1.1. Under this Agreement, the Contractor assumes the obligation to provide the Customer with security services on the terms provided for in this Agreement, and the Customer undertakes to pay for the services of the Contractor on the terms provided for in this Agreement.
1.2.
Contract for the provision of services, works
The most important feature of this agreement is its personal nature, that is, to provide a service, according to general rule, must be exactly the person on whom such an obligation is assigned by the contract. This is a similarity between a service agreement and employment contract. The Civil Code regulates standard contract service delivery, although there is a large number of various kinds services (legal, medical, advertising, etc.), the procedure for the provision of which (for example, postal services), in addition to the Civil Code of the Russian Federation, is regulated by special laws. In other cases, all points not provided for by the Civil Code are determined by mutual agreement of the parties.
A contract for the performance of services has a lot in common with a work contract, under which various works are carried out.
Timely, in accordance with this Agreement, pay for the services of the Contractor. 3.3. In the event of exportation of the Customer's property under protection outside the Russian Federation, the Customer's obligations will be determined by an additional agreement to this Agreement.
4. COST OF SERVICES AND PROCEDURE OF PAYMENTS 4.1. The Customer pays for the services rendered under this Agreement in the amount determined by the protocol for negotiating the contract price. 4.2. Payment for the Contractor's services is made monthly no later than the day of the month following the billing month as follows: 100% of the cost of services rendered is transferred by the Customer to the Contractor's settlement account. The obligations of the Customer to pay for the services of the Contractor are considered fulfilled at the time of receipt Money to the Contractor's bank account. 4.3.
Annual contract with monthly payment sample
Under this Agreement, the Contractor undertakes to protect the real estate owned by the Customer (Certificate, issued) located at: additional agreement, which is integral part actual agreement. 1.3. The property of the Customer specified in clause 1.2 is subject to protection, both at its location and during its transportation.
Protection of property will be carried out by security guards who have the appropriate permit (license). The Customer's property is considered to be taken under protection from (date and time).
1.5. Term of rendering services: — beginning: » »; - ending: » » g. 1.6.
Deliver the goods to the buyer at the latest. 3.1.2. In time, by phone or fax, inform the Buyer about the shipment of the goods to the address of the consignee. 3.2. Obligations of the Buyer: 3.2.1. Accept the purchased goods within the time it arrives at the destination. 3.2.2. Provide a place to place the goods. 3.2.3. Carry out a check upon acceptance of goods in terms of quantity and quality, sign the relevant document (acceptance certificate, consignment notes). 3.2.4. Pay for the purchased item. 4. PAYMENT PROCEDURE 4.1. Payment for the delivered goods is carried out within banking days from the day. 4.2. Payment for the goods delivered to the Buyer is carried out in the form. 5. ORDER OF SHIPMENT 5.1. Delivery of goods is made to the warehouse of the Buyer, by the Supplier's transport, and is carried out at the expense of the Buyer, unless otherwise provided by agreement of the parties. 5.2.
Standard version of the contract from the website of the company ASK Lawyer Quality - quality control construction works, technical supervision, verification of estimates for the provision of services for a fee (monthly payment) Moscow "" 2006 Lawyer of Quality Limited Liability Company (License No. D 592161 dated August 1, 2005, registration number GS-0-), acting on on the basis of the Charter, hereinafter referred to as the "Contractor", on the one hand, and the citizen (ka), hereinafter referred to as the "Customer", on the other hand, and together referred to as the "Parties", have concluded this Agreement as follows: 1.
SUBJECT OF THE AGREEMENT 1.1.
The party that has violated its obligations under the Agreement must immediately eliminate these violations. 6.2. The Customer initially releases the Contractor from the obligation to participate in the Customer's relations with third parties regarding the subject of this Agreement, except for cases directly provided for by the current legislation of the Russian Federation.
The Contractor has the right to refuse to fulfill the terms of this Agreement in cases of non-compliance by the Customer with the terms of the Agreement. 6.4. The Contractor is not responsible for conclusions drawn on the basis of documents and information provided by the Customer and containing false information.
6.5. The objections of the Customer against the content of the report in whole or in part cannot be considered as grounds for terminating the Agreement or refusing to accept and pay for the work. 7. DISPUTES RESOLUTION 7.1.
Contract No. ___/13
___________ "___" __________ 2013
Limited Liability Company "StroyStimul", hereinafter referred to as the "Contractor", represented by General Director Parshikov E.A., acting on the basis of the Charter, on the one hand, and citizens ___ ________________________________________________, hereinafter referred to as ___ "Customer", on the other hand, jointly referred to as the "Parties", have concluded this Agreement (hereinafter referred to as the Agreement) as follows.
1. The Subject of the Agreement
1.1. The Customer instructs, and the Contractor assumes the performance of construction and installation works in accordance with the local cost estimate (Appendix No. 1) in an apartment with building number ___, located at: _____________________________________________________________________________________________ (hereinafter referred to as the Facility).
2. Cost, the procedure for payment and acceptance of work under the contract
2.1. The cost of work under this Agreement is determined on the basis of the estimate calculation (Appendix No. 1), which at the time of signing this Agreement is _________ (_____________________________________ rub. __ kop.), including VAT - 18%.
2.2. Payment under the contract is made in the following order:
Within 3 days from the date of signing this Agreement, the Customer shall
advance payment in the amount of 75 percent of the total cost of work, which is _________ (__________________________________________ rub. __ kop.), including VAT - 18%.
After the complete completion of the work, no later than 3 days after the Customer signs the work acceptance certificate (form KS-2, KS-3), the Contractor is paid the amount of this Agreement minus the advance payment.
Acceptance of work by the Customer is carried out within 3 days from the date of receipt from the Contractor of the certificate of acceptance of work (form KS-2, KS-3). Within the specified period, the Customer is obliged to sign the act of acceptance of the work performed or send the Contractor a reasoned refusal to accept the work. If the Customer refuses to accept the work by the Parties, within 3 working days from the moment the Contractor receives a reasoned refusal, a bilateral act is drawn up. In the event that the Customer does not sign the act of acceptance of the work performed within 3 days and does not provide the Contractor with a reasoned refusal, the work is considered accepted and payable.
2.3. If the Contractor, after paying the advance payment by the Customer, does not begin to perform work under this Agreement within a period of more than 7 working days, the Customer has the right to terminate this Agreement and demand the return of the advance payment paid. The Contractor shall return the advance payment within a period not exceeding 5 banking days from the date of receipt of the Customer's written request.
2.4. The conditions and procedure for making changes to the cost of work are specified in Section 5.
3. Terms of performance of work
3.1. The terms for the completion of works on the repair of the apartment are established by the Parties:
from "___" ___________ 2013 to "___" ___________ 2013.
4 . Duties of the parties
4.1. The contractor is obliged:
4.1.1. Perform work to the extent and within the timeframe stipulated by the Agreement, and hand over the object to the Customer in accordance with clause 3.1. Contract term.
4.1.2. Ensure the performance of work in accordance with the project, building codes and regulations and instructions of the Customer and the quality of work in accordance with the project documentation and current regulations.
4.1.3. Ensure the necessary measures for safety and environmental protection during the work.
4.1.4. Coordinate with the organization carrying out the construction of the house, the procedure for conducting work and ensure its observance.
4.1.5. Ensure cleaning of the work site and the area immediately adjacent to it.
4.1.6. Remove, within 5 days from the date of signing the act of acceptance of the Facility, outside the place of performance of work, the equipment, inventory, tools, other property, and construction debris belonging to the Contractor.
4.1.7. Fulfill their obligations stipulated in other articles of the Agreement.
4.2. The customer is obliged:
4.2.1. Transfer the apartment to the Contractor for the period of work.
4.2.2. Accept and pay for the Works in the manner prescribed by the Agreement.
4.2.3. Fulfill their obligations stipulated in other articles of the Agreement.
5. Making changes to the contract
The customer has the right to make changes to the scope of work, which, in his opinion, are necessary. In this case, he is obliged to send a written order to the Contractor's address indicating:
changes in the nature, quality or kind of some specified work;
performing certain additional work;
increase or decrease in the volume of some specified work;
inclusion or exclusion of some type of work.
If such changes affect the cost or completion time of the work, then the Contractor proceeds to their implementation only after signing an additional agreement, which becomes an integral part of this Contract from the moment of its signing.
The contract price may be changed by mutual agreement of the Parties, which is fixed by an additional agreement, which becomes an integral part of this Agreement from the moment of its signing.
6. Final provisions
6.1. Any agreement between the Parties that entails new obligations not provided for by the Agreement is considered valid if it is confirmed by the Parties in writing in the form of an additional agreement or protocol, which are integral parts of the Agreement.
6.2. The Parties establish that all possible claims under the Agreement must be considered by the Parties within 5 (Five) days from the date of receipt of the claim.
6.3. Disputes that may arise during the execution of the Agreement, the Parties will seek to resolve through negotiations. If a solution is not reached, these disputes are subject to resolution in court.
6.4. The Agreement is drawn up in two copies of equal legal force, one copy for each of the Parties.
7. Addresses and Bank details parties
A service contract has been signed. I make settlements under the contract by bank transfer, the amount is different every month and is determined by the contract as a percentage. For me, as a Customer, the proof of settlement with the Contractor in a non-cash way is an account statement. But, in order to avoid claims from the Contractor, I would like to sign a paper-based settlement document with him every month. Which document will be a convincing argument for the court - the monthly receipt of the Contractor or another document confirming that the Contractor has received a monthly payment from me under the contract (funds are transferred from the Customer's bank card to bank card executor)?
Answer
In your case, a receipt for receipt of funds may serve as appropriate evidence. However, it is more expedient to carry out settlements by sending payment orders to the bank indicating the purpose of the payment. A payment order with a note on the debiting of funds from the account and a bank statement, if necessary, will be admissible, relevant and reliable evidence in court (decisions of the Presidium of the Supreme Arbitration Court of the Russian Federation,).
The rationale for this position is given below in the materials of "Systems Lawyer" .
“As a general rule, the calculations associated with entrepreneurial activity, are allowed only in non-cash form (). Allowed under special conditions.
The concept of settlements by payment orders also includes the transfer of funds on the basis of an order individual without opening a bank account for the payer (clause , Regulations of the Bank of Russia).
For the payer, the main advantages of settlements by payment orders are as follows:
the presence of indisputable documentary evidence of payment. A payment order with a note on the debiting of funds from the account and a bank statement, if necessary, will be admissible, relevant and reliable evidence in court (decisions of the Presidium of the Supreme Arbitration Court of the Russian Federation,
Great amount organizations provide a variety of services.
For example, this could be repair equipment, technology, etc.
In addition, the firms themselves quite often resort to the use of works of a different nature.
What can I say, and each of us daily faces the provision of services from various organizations.
In this article, we will consider intended for the provision of services, as well as how payment submitted work in relation to this document. So let's get started.
general information
What's happened service contract, and what article of the law regulates it?
Before diving into consideration this issue too deep, first let's figure out what this concept is.
Simply put, this is a kind of contract document, which details the work that the contractor is obliged to provide (perform), as well as the amount that the customer of this service must pay. Such “cooperation” is regulated by Art. 779-783 of the Civil Code of the Russian Federation.
It includes a certain kind peculiarities, namely:
- definition of the activity itself;
- clear personality trait.
Civil Code of the Russian Federation. Article 781. Payment for services
- The customer is obliged to pay for the services rendered to him in the terms and in the manner specified in the contract for the provision of services for compensation.
- In case of impossibility of performance due to the fault of the customer, the services are subject to payment in full, unless otherwise provided by law or the contract for the provision of services for compensation.
- In the event that the impossibility of performance has arisen due to circumstances for which none of the parties is responsible, the customer shall reimburse the contractor for the expenses actually incurred by him, unless otherwise provided by law or the contract for the provision of services for compensation.
talking in simple words, its purpose is not to create specific wealth. This arrangement will serve you great helper in the direction of transport, communication, medicine, etc.
The contract is a kind of confidence that the work will be done with high quality and in the required time frame. It is also worth noting that this agreement without fail attached, indicating that the work was handed over and accepted.
Also attached is a kind report on the part of the contractor regarding the costs, and also important are protocols, which indicate both agreements regarding work and disagreements. And the last thing to be added - agreements(optional).
Turnaround time
In the process of drawing up this document, the customer and the contractor must personally set deadlines work.
This is only necessary if there is no information in the acts (normative) regarding the required deadlines.
In principle, the Civil Code of the Russian Federation itself does not essential definitions concerning the norms of the terms in which the work must be completed.
The reason for this is that every work has own character and peculiarity, it is starting from the characteristic data of a certain kind of work, and the term for its immediate implementation is set.
When entering into such an agreement, you must remember that timing is an integral part of it., because if this data is missing, then it will not have legal force, and will be non-concluded.
But, unlike the terms, the obligations of the law, both the contractor and the customer, are clearly described in the Civil Code of the Russian Federation. But still, despite their presence, you have the right not to adhere to the established regulatory points, but determine among themselves who should do what.
Rights and obligations of the parties
What if you are not being paid under a service contract?
The contractor must promptly provide the service specified in the agreement, and the customer must, at the end of the work pay her.
But there are several nuances regarding the payment for a certain kind of work, which was not completed due to the fault of the customer. Then the person ordering the work is obliged to pay for it in full, if there is no other way out and is not provided for by law.
But there are also situations when impossible to complete and neither side is to blame for this. Then the customer must cover the financial costs of the contractor. This kind of form is called dispositive. Although the parties can resolve this issue among themselves and agree on the sequence of their actions, or resolve it, starting from the law.
You must also remember that you can withdraw from agreements, then you will have to fully cover the financial expenses of the person who provided or should have provided this or that kind of activity.
But if the performer decides stop cooperation with you, in which case he is obliged to fully pay for your losses, including material losses, as well as moral compensation regarding the lost profits that occurred due to executor's refusal.
The procedure for calculating income
As mentioned in the article earlier, the terms for the performance of certain services must be established in the document by the customer and the person performing the work. Hence, when to pay work you can decide for yourself.
It can be at the beginning, as soon as it is compiled, in the form of a kind advance payment, as well as at the end of the agreement, when the work is completed and provided to you.
Cost of work should be determined taking into account the prices that are set authorized bodies countries. That is, these are peculiar prices, tariffs, rates, etc. But if the customer refuses to recognize the value that was set in the agreement from the very beginning, then the contractor can resolve in court.
By the way, the important point is that the people who make up this document, can not set the price yourself for work, they must rely on legislative clauses in which everything is very clearly described.
But this fact applies only to services that are directly related to connections. Other areas of service veterinary, medical etc.) can be installed directly by the people who provide these services.
It is important that the payment can be made as cashless calculation, and in cash means. But there are situations when, for some reason, the contract document does not specify nominal cost. In this case, the customer is obliged to pay the price that occurs in similar situations. for such goods or works.
Payment types
Today there is many different ways pay for certain services and we will consider the most common and in demand among people below.
Using the terminal
This method is considered the most common and not a complicated type of payment.
It can be found in any bank branch and in almost every supermarket.
It also allows you to make payments at any time. convenient for you Times of Day.
All that is required of you is to select the required category responsible for payment directly on the screen, enter the recipient's data or find the artist in the list, after which you must enter all necessary information into special fields, then insert money into a special hole and pick up a check.
Through Internet sites
It's just enough easy way used by a significant number of users. Moreover, it is not only easy, but also comfortable, as you can pay for the service directly from your home.
All that is required of you in this option so find the right one for you website for translations, register and follow all the instructions provided on the site. This method is a great opportunity, sitting in your chair, to transfer money to the card of any recipient, as well as pay for this or that kind of work.
Via mobile
Today, technology in its progress has risen to enormous heights. Just think, now you can pay for everything directly from your mobile phone.
In fact, the principle of operation is the same as with payment via the Internet, only it makes it possible pay for services outside the home, and when you are far away from, say, a terminal.
Claims for violation of payment deadlines
A claim regarding a contract is a kind of document that has the right to exist in the case when one of the people who drew up the document violates any of its clauses. Then this documentation served victims man.
It's peculiar discontent the person they are trying to deceive, and moreover, this documentation can serve as a reason for the start pre-trial settlement of the dispute. How exactly this “discontent” should be drawn up is described in detail in paragraphs federal law, and can be specified in the contract itself, which was drawn up by the victim and the perpetrator.
This adjudication process is compulsory, but if people cannot independently come to a final decision, only then the case goes to court.
But if you decide to immediately apply to the judicial authorities, without pre-trial proceedings, then it is likely that your claim may reject.
It is also important that the consideration of questions regarding this issue lasts long enough, therefore, it would not hurt you to indicate in your claim that the pre-trial proceedings were, but did not lead to results.
If the customer refuses from work, he is obliged to pay the contractor the expenses that he incurred.
It is also important that it is mandatory to draw up documentation, which clearly and accurately described the costs of the person who performed the work.
Since if such data is absent, then it will simply be unrealistic to calculate the total cost that the customer must pay. Therefore, this amount will be considered not a deposit, but an advance.
It is also worth noting that the customer who decided stop the "development" of the treaty can not explain to anyone the reasons for his such decision. And only if he wants to, he can inform about these reasons directly to the performer.
In addition, it is important that if you, as a contractor of one kind of work or another, will have embezzlement after the termination of the agreement, and which do not relate to the subject of your partnership, then no one will reimburse you for these funds.
Penalty and forfeit
In fact, consumer protection law provides for penalty. Enough frequently asked question of interest to citizens is the definition of the term "forfeit" itself and how to calculate it in relation to the provision of services, as well as what its size.
That is, it is a payment in a certain amount every single day. Its size is three percent of the total final cost. At the same time, it is worth paying Special attention to the fact that this agreement may provide higher size penalties.
Thus, the current norm of the law expands the rights of the consumer, allowing an increase in the amount responsibility providing services to citizens.
Let's say you have consumer dispute with the contractor, then you will be interested in the penalty for the provision of activities that he represents. Suppose that the conditions agreed in advance were violated, then you send to claims on the payment of a penalty for violation of the terms for the provision of services, and within 10 days the responsible organization is obliged to resolve the issue in your favor.
If this does not happen, then in your claims you have the right to add another type of penalty- for violation of the deadlines for meeting the legal requirements of the consumer, the amount of which is 1% of the price, and is calculated for each day of delay, starting from the expiration of the ten-day period.
penalty in turn, represents the “adding” of a certain percentage to the amount of the delay.
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