A, equipment contract inside the liquidated damages is how much?
Equipment contract inside the liquidated damages is how much is not clearly stipulated in the law, according to the "Civil Code," Article 585 provides: "The parties may agree that a party shall pay a certain amount of liquidated damages to the other party in accordance with the circumstances of the breach of the contract, and may also agree to the amount of damages arising from the breach of contract calculation method. If the agreed liquidated damages are lower than the damages caused, the people's court or the arbitration institution may, at the request of the parties, increase them; if the agreed liquidated damages are too high than the damages caused, the people's court or the arbitration institution may, at the request of the parties, appropriately reduce them. If the parties agree on liquidated damages for delayed performance, the defaulting party shall also fulfill the debt after paying the liquidated damages." Specific cases can be agreed to:
1, each week of delay in compensation for late delivery of goods or services not provided by the price of the service costs charged until the delivery or provision of services. The maximum limit of the compensation fee for delay is 5% of the contract price. If the supplier fails to deliver the goods in whole or in part, the liquidated damages shall be calculated in accordance with the percentage of liquidated damages agreed upon in the contract multiplied by the amount of the part of the goods that could not be delivered. If the liquidated damages are not enough to pay the actual losses suffered by the purchaser, you can modify the liquidated damages, so that the actual losses suffered by a reasonable compensation. 2, the supplier can not deliver the goods on time behavior can be further distinguished as late delivery and early delivery of two cases. As long as the supplier late delivery of the situation, that is, regardless of the contract stipulates that it will send the equipment to the designated place of handover, or the purchaser to pick up, in accordance with the contractual agreement based on the late delivery of part of the total price of the goods calculated liquidated damages. After the occurrence of late delivery events, the supplier should also be in the shipment of the purchaser on the shipment of the relevant matters for consultation. Purchaser still need, can continue to ship the number of make up, and bear the responsibility of late payment; if the purchaser that has no longer need, the right to receive notice of the shipper within 15 days, notify the supplier for the termination of the contract procedures. However, the late response is not considered to agree to the supplier to continue to ship. For the case of early delivery of equipment, belonging to the agreement by the purchaser to pick up the equipment of the contract, the purchaser received the other party issued by the early pick-up notice, according to their own actual situation can refuse to pick up the goods in advance; for the supplier in advance of the shipment or delivery of the equipment, the purchaser can still be in accordance with the provisions of the contract to pay the time.Two, equipment procurement contract default should be responsible for
(1) not in accordance with the contract to receive equipment After the signing of the contract or in the process of fulfillment, the purchasing party to request the return of the goods, should be paid to the supplier of the returned part of the total amount of the purchase price of the calculation of the liquidated damages. For the implementation of the supplier delivery of equipment on behalf of the transport, the purchaser refused to take delivery in violation of the provisions of the contract, to bear the resulting loss of equipment and transportation sector fines. (2) Late payment The purchaser of late payment, should be in accordance with the contractual provisions of the method of calculation, pay interest on late payment. (3) The responsibility of the wrong place of delivery of goods Whether it is due to the purchaser in the contract to fill in the wrong place of arrival or receiver, or not in the contract within the agreed time limit to change the place of arrival or receiver to notify the other party in a timely manner, resulting in the delivery of goods or transportation on behalf of the supplier in the process of the equipment can not be successfully delivered, the consequences of the purchaser to bear. The equipment contract inside the liquidated damages depends on the content of the contract signed by both parties, because the equipment procurement contract default liability is very large, the two sides of the contract best to do a good job in all aspects of the preparation, to avoid defaults, there are violations of the law can be sued to the court to pursue the responsibility of breach of contract.