Procurement contract liquidated damages compensation standard

Legal analysis: the contract agreed both liquidated damages and deposit. When a party defaults, it can choose to apply the deposit penalty or liquidated damages clause (both cannot be applied at the same time). Therefore, if the contract cannot be performed due to Party A's fault, Party B may choose to demand Party A to double the deposit back, or require Party A to pay the liquidated damages as agreed in the contract. However, it should be reminded that, if party B choose to require party A to pay liquidated damages at three times the price of a single plant. Party A may request the people's court to lower the standard of liquidated damages according to the provisions of judicial interpretation of contract law II. The People's Court will appropriately lower the liquidated damages based on Party B's actual loss and Party A's degree of fault. The reduced amount of liquidated damages may be lower than the amount of the applicable deposit penalty. Purchase and sale contract should be clearly agreed in the contract, there is no agreement or agreement is not clear when the actual losses caused by the breach of contract claims for damages, claiming liquidated damages in the contract is difficult to get support in the absence of agreement. If the defaulting party does not fulfill the contract for a long time, you can claim interest in accordance with the same period of the bank interest rate.

Legal basis: "Chinese people's *** and national code" Article 1,179 infringement of another person caused personal injury, shall be compensated for the medical expenses, nursing care, transportation costs, nutrition, hospital meals and other reasonable expenses for treatment and rehabilitation, as well as reduced income due to lost wages. Disability, but also compensation for auxiliary equipment costs and disability compensation; caused by death, but also compensation for funeral expenses and death compensation.