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The liquidated damages are generally determined by agreement between the two parties, and are normally between 3/10,000 and 5/10,000, and the maximum shall not exceed 3o%, otherwise it will be invalid.
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The maximum amount of liquidated damages should be 30% of the actual loss.
In accordance with the following provisions:
1. According to Article 29 of Interpretation II of the Contract Law, the maximum amount of liquidated damages shall be 30% of the actual loss.
2. The liquidated damages shall be determined by the two parties through negotiation, and there is no limit on the amount, which is generally determined according to the size of the losses that may be caused by the breach of contract by both parties.
3. After the breach of contract by one party, when the non-breaching party requires the breaching party to bear the liability for breach of contract, if the agreed liquidated damages are "lower" than the actual losses, the non-breaching party may sue the court to request an increase in the liquidated damages; If the agreed liquidated damages are "excessive" higher than the actual losses, the breaching party may sue the court to request a reduction of the liquidated damages.
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It's up to you, but it's generally on a daily basis. About 3 to 5 per 10,000.
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According to Article 98 of the Business Rules for Power Supply, if the consumer fails to pay the electricity fee within the time limit specified by the power supply enterprise, it shall bear the liability for breach of contract for late payment of electricity charges. The penalty for electricity charges shall be calculated from the date of overdue to the date of payment. The liquidated damages for the daily electricity bill shall be calculated according to the following provisions:
1. Residential users are calculated at 1/1000 of the total arrears per day;
1. Other users:
1) The arrears of the current year shall be calculated at 2/1000 of the total arrears per day;
2) The amount of arrears across years shall be calculated at 3/1000 of the total arrears per day.
You can follow the "China Southern Power Grid 95598" public platform through WeChat, enter "My Electricity", "Electricity Bill Check", "My Electricity Bill", click "View Details" to enter the detailed interface, and you can query the monthly electricity bill amount, meter reading time, liquidated damages start date and other electricity bill details.
The total amount of liquidated damages charged for electricity charges will be accumulated on a daily basis, and if the total amount is less than 1 yuan, it will be charged at 1 yuan.
You need a subscriber number to check your electricity bill through the above channels, you can find it in your electricity e-bill, electricity invoice, or call the 24-hour electricity service **95598 to inquire.
We hope you find ours helpful.
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Legal analysis: If the principal is 10,000 yuan, one percent of the liquidated damages is 100 yuan. The liquidated damages are agreed upon by both parties, and as long as they are true expressions of intent, they are legal.
Liquidated damages refer to the money that should be paid to the other party if one party breaches the contract according to the agreement of the parties or the direct provisions of the law. The standard for liquidated damages is money, but the parties may also agree that the subject matter of liquidated damages is other property other than money. Liquidated damages have the effect of guaranteeing the performance of the debt, and also have the effect of punishing the defaulter and compensating the party who is not guilty of the fault of the party, so some countries use it as one of the measures to guarantee the contract, and some countries use it as a way to bear the responsibility for breach of the contract.
Legal basis: Article 585 of the Civil Law of the People's Republic of China The parties may agree that when one party breaches the contract, it shall pay a certain amount of liquidated damages to the other party according to the circumstances of the breach, and may also agree on the method of calculating the amount of compensation for losses arising from the breach of contract. If it is agreed that the liquidated damages for dust transportation are lower than the losses caused, the people's court or arbitration institution may increase them according to the request of the parties; Where the agreed liquidated damages are excessively higher than the losses caused, the people's court or arbitration institution may appropriately reduce them at the request of the parties.
If the parties agree on liquidated damages for delayed performance, the breaching party shall also perform the debt after paying the liquidated damages.
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The parties may agree that one party shall pay a certain amount of liquidated damages to the other party in accordance with the circumstances of the breach of contract, and may also agree on the method of calculating the amount of compensation for losses arising from the breach of contract. Therefore, liquidated damages have the characteristics of punitive, and they do not presuppose that the non-breaching party suffers losses. Generally speaking, the maximum amount of liquidated damages is not more than 30% of the actual loss.
However, if it is too high or too low, the court can be requested to grant a decrease or increase.
Legal basis: Article 585 of the Civil Code of the People's Republic of China: The parties may agree that when one party breaches the contract, it shall pay a certain amount of liquidated damages to the other party according to the circumstances of the breach, and may also agree on the calculation method of the compensation for losses arising from the breach.
1. If the agreed liquidated damages are lower than the losses caused, the parties may request the court to increase them.
2. If the agreed liquidated damages are excessively higher than the losses caused, the parties may request the court to appropriately reduce them.
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Liquidated damages of 1% are usually calculated at 1% of the amount of the subject matter of the contract. The parties to the contract may agree that when one party breaches the contract, it shall pay a certain amount of liquidated damages to the other party according to the circumstances of the breach, and under normal circumstances, the liquidated damages agreed by the parties shall not exceed 30% of the losses caused.
How much is 1/10,000 of the liquidated damages for the house?
The liquidated damages for the house are 1/10,000 per day, which is converted into an annual interest rate: 365 days multiplied by 1/10,000 per day, which is about. According to the relevant provisions, if the interest rate agreed between the borrower and the borrower does not exceed 24% per annum, and the lender requests the borrower to pay interest at the agreed interest rate, the people's court shall support it; If the interest rate agreed between the borrower and the borrower exceeds 36% per annum, the interest agreement on the excess part shall be invalid.
Is 1/1000 liquidated damages legal?
One thousandth of a penalty is legitimate. The law stipulates that if the agreed liquidated damages are lower than the losses caused, the people's court or arbitration institution may increase them at the request of the parties; If the agreed liquidated damages are excessively higher than the losses caused, the people's court or arbitration institution may appropriately reduce them according to the request of the parties.
How to calculate 10% of the liquidated damages.
10% of the liquidated damages are usually calculated at 10% of the amount of the subject matter of the contract. The parties may agree on the proportion of the amount of liquidated damages to be paid in the event of breach of contract, and the law does not stipulate the percentage of liquidated damages in the total amount, and the liquidated damages agreed by the parties shall not exceed 30% of the losses caused.
How to calculate the two percent of the liquidated damages.
Liquidated damages of 2% are usually calculated at 2% of the amount of the subject matter of the contract. According to the provisions, the parties may agree that when one party breaches the contract, it shall pay a certain amount of liquidated damages to the other party according to the circumstances of the breach, and may also agree on the method of calculating the compensation for the loss of breach of contract.
How to calculate the liquidated damages of 3/10,000.
The calculation of 3/10,000 liquidated damages: 365 days multiplied by 3/10,000 per day. Liquidated damages can be calculated on a daily basis, 3/10,000 per day in Hongzhen, which is converted into an annual interest rate. The popular saying among the people is that every year there is a little more profit.
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Liquidated damages 1%: calculated at 1% of the contract amount. The law stipulates that the liquidated damages agreed upon by the parties shall not exceed 30% of the losses caused.
If the agreed liquidated damages are lower than the losses caused, the parties may request the people's court or arbitration institution to increase them; If the agreed liquidated damages are excessively higher than the losses caused, the parties may request the people's court or arbitration institution to appropriately reduce them.
Legal basis: Article 585 of the Civil Code.
The parties may agree that one party shall pay a certain amount of liquidated damages to the other party according to the circumstances of the breach of contract, and may also agree on the method of calculating the amount of compensation for losses arising from the breach. If the agreed liquidated damages are lower than the losses caused, the people's court or arbitration institution may increase them at the request of the parties;
Where the agreed liquidated damages are excessively higher than the losses caused, the people's court or arbitration institution may appropriately reduce them at the request of the parties.
Article 584 of the Civil Code.
If one of the parties fails to perform its contractual obligations or the performance of its contractual obligations does not conform to the agreement, and the other party loses any of them, the amount of compensation for the losses shall be equivalent to the losses caused by the breach of contract, including the benefits that can be obtained after the performance of the contract;
provided, however, that it shall not exceed the losses that may be caused by the breach of contract that the breaching party foresaw or should have foreseen at the time of entering into the contract.
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