Buying goods in installments allows people to purchase large goods without overpaying for the interest charged on the loan. A properly executed contract should provide for the possibility of settling a dispute that arose during the operation of the goods, or delays in payments. Purchase and sale of goods in installments is regulated.

Features of drawing up a contract

The very concept of a purchase and sale agreement, the conditions and procedure for its execution, as well as the consequences of its non-execution, are clearly defined by articles - the Civil Code of the Russian Federation, according to which it must contain the following points:

• Preamble - the date and place of conclusion of the contract.
• The subject of the contract, its detailed description by which the purchased thing can be easily identified.
• The total cost of the purchased goods and the procedure for making payments for it. The price can be either fixed or set by mutual agreement of the parties.
• The rights of the buyer and the seller, as well as their obligations.
• The moment of transfer of ownership of the acquired thing. As a rule, this is established by the act of acceptance and transfer.
• Responsibility for violation of contractual obligations.
• Details of the parties. For individuals, passport data and place of residence are sufficient. For legal entities, the presence of details and a seal is required.

Failure to comply with the form of the contract may entail legal consequences in the form of recognition of the transaction as invalid.

Installment plan

The concept of installment payments and the conditions for its provision are set out in, according to which an installment agreement recognizes an agreement on the sale of a thing on credit.

The same article contains an exhaustive list of conditions that must be specified when concluding an installment agreement:

• Price - the total cost of the item being sold.
• Payment procedure - cash, bank transfer, etc.
• The date in which payment must be made, as a rule, indicates the date of the month.
• The amount of the repaid amount.

The same article provides for the consequences of non-fulfillment of the obligation by the buyer, namely the non-payment of the next payment.

Important! If the buyer does not pay the next payment stipulated by the contract, within the period specified in it, the seller has the full right to demand the return of the item sold, only if the total amount of payments for it does not amount to half of its total value.

Responsibility of the parties

The risk borne by each of the parties, as well as the procedure for settling disputes that may arise during the operation of the goods by the buyer, can be set out in the clauses of the agreement being concluded.

If the liability of the parties is not stipulated in the contract, then the guilty party is liable in accordance with the legal norms in force at the time of the conclusion of the agreement.

Liability, as a rule, implies the payment of a penalty in case of delay in the next payment, or the return of the goods to the seller.

The risk of accidental loss of the purchased goods occurs with the buyer from the moment the seller actually fulfills the contract -. If the contract does not specifically stipulate the procedure and conditions for the transfer of the thing to the buyer, then the contract is recognized as executed from the moment of its signing.

Therefore, if the buyer does not take the item he bought immediately after signing the contract, and even more so if the product requires delivery and installation, all these points must be reflected in the sales contract.

The amount of the penalty may be established by agreement of the parties. If this item is missing, then the rules apply.

5. Responsibility of the Parties

5.1. In case of delay in payments specified in , the Buyer pays the Seller a penalty in the amount of __ percent of the contract amount for each day of delay.

5.2. The payment of the penalty does not relieve the Buyer from paying the amount of the debt.

5.3. The amount of the debt payable to the Seller is paid by the Buyer, taking into account the consumer price growth index calculated by the state statistical bodies.

6. Force majeure circumstances

6.1. The Parties are released from liability for failure to perform or improper performance of their obligations under this Agreement in the event of force majeure circumstances that directly or indirectly prevent the execution of this Agreement, that is, such circumstances that are independent of the will of the Parties, could not be foreseen by them at the time of conclusion of the Agreement and prevented by reasonable means when they occur.

6.2. The circumstances specified in , include: war and hostilities, insurrection, epidemics, earthquakes, floods, acts of authorities directly affecting the subject of this Agreement, and other events that a competent court recognizes and declares as cases of force majeure.

6.3. The Party affected by such circumstances is obliged to immediately notify the other Party in writing of the occurrence, type and possible duration of the relevant circumstances.

6.4. The occurrence of the circumstances provided for in this article, subject to compliance with the requirements, extends the period for the performance of contractual obligations for a period that generally corresponds to the duration of the circumstance that has occurred and a reasonable time for its elimination.

6.5. If the circumstances provided for in this article last more than three months, the Parties will jointly determine the further legal fate of this Agreement.

7. Additional terms

7.1. In the event that the goods are replaced by the Seller under warranty in full or in part, before the termination of the contract, the parties are obliged to make changes in the annex to the contract within three working days from the date of replacement of the goods.

8. Final provisions

8.1. This Agreement comes into force from the moment of its signing and is valid until the Parties fully fulfill their obligations.

8.2. Disputes and disagreements arising from this Agreement or in connection with it will be resolved by the Parties through negotiations. If no agreement is reached, the dispute is referred to the arbitration court.

8.3. Any changes and additions to this Agreement are valid only if they are made in writing and signed by the Parties.

8.4. Any additions, protocols, annexes to this Agreement become its integral parts from the moment of their signing.

8.5. In everything that is not stipulated in this Agreement, the Parties are guided by the current legislation of the Russian Federation.

8.6. This Agreement is made in triplicate, having equal legal force, one copy for each of the Parties.

9. Addresses and bank details of the Parties

Signatures of the parties:

Buyer: IP Resident _________________________ ______________________________________ TIN/KPP _______________/____________, OGRN ________________________________, R / s ___________________________________, c/s ___________________________________ bank__________________________________ ______________________________________ BIC __________________________________ (buyer's signature) (full name) ____________________ (________________) (signature of the guarantor) (full name)

Creditor: ___________________________________ Jur. address _________________________ TIN/KPP _________________________ OGRN _____________________________ R / s _______________________________, c/s ________________________________ ___________________________________ BIC ______________________________ _______________________ (job title) _______________________ (___________) (signature) (full name)

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 arrangements for compensation and set-off, debt installment means nothing more than a change in the obligation, but not its termination.

The terms for repayment of the debt can be changed by the parties by agreement at any stage, before going to court or as part of enforcement proceedings. But in different ways. You can use an additional agreement to the contract, a change in the contract.

When the debt has already formed and it is difficult to pay it, use the debt installment agreement before going to court.

Download sample:

Debt installment agreement(15.0 KiB, 1299 hits)

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:

1. The subject of this agreement is the provision of installment plans for the repayment of the principal debt and the contractual penalty under the loan agreement between the Parties dated August 11, 2018.
2. 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.
3. 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.

1. 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.

1. 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.
2. 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.
3. The Agreement is made in two copies, having equal legal force, one for each of the Parties.
4. 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.

The nuances of installment debt on utility bills in 2018

Moreover, a banking organization, state funds (for example, for the payment of mandatory payments), utility service providers (for debts for utilities) can be its party.

In addition to the payment by installments of the debt, the granting of a deferment is also allowed. By analogy with the deferral of payment of state duty, 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 a corresponding proposal in writing. 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 penalties

– 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 on the collection of the debt has taken place, instead of an agreement on the installment plan of the debt, conclude an amicable agreement or file an application with the court to change the procedure for the execution of such a decision.

The positive aspects of such a document as an agreement on debt restructuring are widely covered in the media - television, the Internet, print media, etc. The standard form of such a document was developed by the Government of the Russian Federation (for agricultural producers, for example), banks, various commercial organizations.

Debt installment agreement

We will post an example of such a document for use for any purpose.

Debt restructuring is a change in the terms of repayment of a loan. Not only in the relationship between banks and customers, because the loan can also be used in the supply, sale and other legal relations. An agreement on the terms of payment, installment of debt can also be useful. And if you have any doubts about which agreement to use, contact the duty lawyer of the site. His help is free.

Download sample:

(15.0 KiB, 1698 hits)

Example of a debt restructuring agreement

Debt Restructuring Agreement

Liama ​​Limited Liability Company, OGRN 498765462, located at the address: Russia, Perm Territory, Perm, Pogranichny Ave., 17, of. 105, represented by director Valeriev Arkady Sergeevich, acting on the basis of the Charter, hereinafter referred to as the "Lender", on the one hand, and

Triada Limited Liability Company, OGRN 498764364, located at the address: Russia, Kemerovo Region, Kemerovo, st. Shakhterskaya, 38, represented by Director Geonova Alina Dmitrievna, acting on the basis of the Charter, hereinafter referred to as the "Debtor", on the other hand, when jointly referred to as the "Parties", have concluded this agreement as follows:

1. The parties agreed to restructure the debt of the Debtor to the Creditor under the assignment agreement No. 9/Ts dated 01.03.2018 as of the date of signing this agreement in the amount of 428,520 rubles, including 390,000 rubles. - the amount of the principal debt, 38,520 rubles. - the amount of accrued interest.
2. Debt restructuring is carried out by granting a grace period for paying the debt and providing by the Debtor a bank guarantee of ZapSibBank PJSC (hereinafter referred to as the "Guarantor") dated October 01, 2018 in the amount of 429,000 rubles.
3. The Debtor undertakes to ensure repayment of the debt to the Creditor in full before December 01, 2018 by transferring funds to the Creditor's settlement account.
4. If the Debtor fails to fulfill the obligation to pay the debt before the date specified in clause 3 of this agreement, the Creditor sends a written request to the Guarantor to pay the amount of the Debtor's debt in the amount in accordance with clause 1 of this agreement. The Creditor sends a claim to the Guarantor by December 25, 2018. Repayment of the Debtor's debt is carried out by the Guarantor in the manner and terms provided for by the bank guarantee.
5. From the date of signing this agreement, penalties for late repayment by the Debtor of obligations under the monetary obligation under which the restructuring is carried out are not charged.
6. In all other respects that are not provided for by this agreement, the Parties are guided by the current civil legislation of the Russian Federation.
7. This agreement comes into force from the moment of its signing by the Parties and is valid until they fully fulfill their obligations.
8. The Agreement is made in two copies, having equal legal force, one for each Party.
9. Details and signatures:

Creditor:

Liama ​​LLC, OGRN 498765462, address: 614051, Russia, Perm Territory,

Perm, pr-d Pogranichny, 17, of. 105

Director A.S. Valeriev

Triada LLC, PSRN 498764364, address: 650015, Russia, Kemerovo region, Kemerovo, st. Miner, 38

Director A.D. Geonova

What is a debt restructuring agreement

In everyday life, debt restructuring is often understood as only one possibility - refinancing a loan by a bank. In fact, this procedure is wider. This is nothing more than a change in the terms of debt payment, debt relief through:

• increasing the term of the loan by providing a deferment, installment plan
• suspension of accrual of interest, penalties, penalties
• providing credit "holidays", i.e. payment over time of only interest, but not principal
• refinancing or on-lending on more favorable terms

In its structure and content, the document is very similar to an agreement on debt repayment.

How to conclude a debt restructuring agreement

Restructuring is beneficial to both the Debtor (obviously) and the Creditor. After all, going to court and making a positive decision does not always mean a real possibility of recovering funds, incl. by force. And the use of a pre-trial dispute settlement procedure can help the Lender to return his money and even get the planned profit.

Therefore, any party to the legal relationship can take the initiative to conclude such an agreement. To do this, the Debtor can send an application to change the terms of the contract. At the same time, attach documents that would confirm the difficulty of his financial situation and the ability to fulfill the obligation. The creditor may send a proposal to conclude an agreement on debt restructuring by a separate notice, as part of a claim to the debtor, or otherwise.

Sample - Agreement on the procedure and terms of debt repayment

AGREEMENT ON THE PROCEDURE AND TERMS OF REPAYMENT OF DEBT No. ____

[], hereinafter referred to as the Creditor, represented by [ position, full name], On the one side,

[Name of the legal entity], hereinafter referred to as the Debtor, represented by [ position, full name], acting on the basis of [ Charter, Regulations, power of attorney, its number, date], on the other side,

have entered into this agreement as follows.

1. This Agreement determines the procedure and terms for the voluntary repayment by the Debtor of the debt to the Creditor that arose during the performance of the Agreement [ name, number] from [ date], in which the Creditor acts as [ ], and the Debtor as [ name of the party to the contract].

2. The debt of the Debtor under the specified Agreement at the time of the conclusion of this agreement is:

2.1. principal amount - [ amount in numbers and words] Belarusian rubles;

2.2. fine in accordance with clause ___ of the Agreement - [ amount in numbers and words] Belarusian rubles;

2.3. in total, at the time of the conclusion of this agreement, the debt of the Debtor to the Creditor amounts to [ amount in numbers and words] Belarusian rubles.

3. The debtor undertakes to transfer the debt in the following order:

3.1. sum [ amount in numbers and wordsdate];

3.2. sum [ amount in numbers and words] Belarusian rubles - up to [ date];

3.3. sum [ amount in numbers and words] Belarusian rubles - up to [ date];

3.4. sum [ amount in numbers and words] Belarusian rubles - up to [ date].

4. In case of violation of the payment terms established in paragraph 3 of this agreement, the Debtor, among other things, is obliged to pay the Creditor a penalty in the form of a fine in the amount of 20% of the total amount of the debt specified in subparagraph 2.3 of paragraph 2 of this agreement, as well as to compensate the Creditor for the losses incurred by him .

Installment payment agreement sample form

If the Debtor fails to transfer funds to the Creditor, the Creditor is entitled to recover the amounts specified in subparagraph 2.3 of paragraph 2 and paragraph 4 of this agreement in the order of writ proceedings in the appropriate economic court of the Republic of Belarus on the basis of the economic procedural legislation of the Republic of Belarus.

6. In all other cases, the Parties are guided by the legislation of the Republic of Belarus.

7. This agreement is valid from the moment of its signing until the Parties fully fulfill their obligations under the agreement.

09.02.2009

Ekaterina Makarenko, partner of a limited liability company
Stepanovskiy, Papakul & Partners

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 the sale of telephones to expensive cars with deferred payment for the sale of goods, or the wholesale trade of organizations and enterprises in all kinds of products, goods, services, providing for deferred payments, the purchase and sale of 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. An essential condition is 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.

Referring to the extensive judicial practice on issues arising from the pledge, one can be guided by the Decree of the Plenum of the Supreme Arbitration Court of the Russian Federation dated 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 the General Director ______________________________, 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", referred to hereinafter PARTICIPANT 2, as well as PARTICIPANTS under the transaction, have concluded 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 the PARTICIPANT 2 on the terms of self-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.

Installment payment agreement sample download form

CONTRACT

PURCHASE AND SALE OF GOODS

(WITH INSTALLMENT PAYMENT)

_______________ “____” ____________ 20__

Hereinafter referred to as the “Seller”, represented by __________________________________, acting on the basis of the charter, on the one hand, and

Individual entrepreneur __________________________________________________, passport ___________________ issued by __________________________________________________, acting on the basis of certificate No. _____________________________________________ issued by _____________________________________________________________________________

hereinafter referred to as the “Buyer”, on the other hand, hereinafter referred to as the “Parties”, have concluded this Agreement as follows:

1. Subject of the Agreement

• The Seller undertakes to transfer the goods to the Buyer _______________________________

___________________________________________________________________________________,

(general name, type of goods)

in quantity and assortment, in accordance with Appendix No. 1 to this Agreement (hereinafter referred to as the Goods), and the Buyer undertakes to accept and pay for the Goods.

1.2. The Goods are transferred to the Buyer on the terms of installment payment for the Goods in the manner prescribed by this Agreement.

1.3. The goods belong to the Seller on the right of ownership, are free from any rights of third parties, are not encumbered with a pledge, are not under arrest.

1. Rights and obligations of the parties

2.1. The seller undertakes:

2.1.1. Within 3 (three) working days from the date of signing this Agreement, transfer the Goods to the Buyer. The transfer of the Goods is carried out in accordance with the consignment note signed by representatives of both Parties. Place of transfer of the Goods: the seller's warehouse located at: ________________________________.

2.1.2. Transfer the Goods in the quantity and assortment corresponding to Appendix No. 1 to this Agreement.

2.1.3. Simultaneously with the transfer of the Goods, transfer to the Buyer all the necessary documentation for the Goods.

2.2. The buyer undertakes:

2.2.1. Accept the Goods and pay for it on the terms agreed in Article 3 of this Agreement.

1. Product price and payment procedure

3.1. The price of the Goods is ____________ (________________________________) rubles, including VAT _________ (_______________________________________________________________).

Payment is made by transferring funds to the Seller's account specified in the contract or by depositing cash into the seller's cash desk.

3.2. Payment for the Goods is carried out by the Buyer in the following order:

___%, which is __________ (__________________________________) at the time of signing the contract;

___%, which is ___________ (____________________________________) with a deferred payment for _________ (__________________________________) days from the date of signing the contract.

3.3. The Buyer has the right to pay the Seller the full amount of the contract ahead of schedule.

1. Transfer of ownership

4.1. The ownership of the Goods passes from the Seller to the Buyer from the moment the Parties sign the Goods acceptance and transfer certificate.

4.2. The parties are obliged to sign the act of acceptance and transfer of goods within 3 (three) working days from the date of payment by the Buyer of the entire amount of the contract specified in clause 3.1.

1. Responsibility of the Parties

5.1. In case of delay in payments specified in clause 3.2. of this Agreement, the Buyer pays the Seller a penalty in the amount of __ percent of the contract amount for each day of delay.

5.2. The payment of the penalty does not relieve the Buyer from paying the amount of the debt.

5.3. The amount of the debt payable to the Seller is paid by the Buyer, taking into account the consumer price growth index calculated by the state statistical bodies.

1. force majeure circumstances

6.1. The Parties are released from liability for failure to perform or improper performance of their obligations under this Agreement in the event of force majeure circumstances that directly or indirectly prevent the execution of this Agreement, that is, such circumstances that are independent of the will of the Parties, could not be foreseen by them at the time of conclusion of the Agreement and prevented by reasonable means when they occur.

6.2. The circumstances specified in clause 7.1 of the Agreement include: war and hostilities, uprisings, epidemics, earthquakes, floods, acts of authorities directly affecting the subject of this Agreement, and other events that a competent court recognizes and declares as cases of force majeure.

6.3. The Party affected by such circumstances is obliged to immediately notify the other Party in writing of the occurrence, type and possible duration of the relevant circumstances.

6.4. The occurrence of the circumstances provided for in this article, subject to the requirements of clause 8.3 of this Agreement, extends the period for fulfilling contractual obligations for a period that generally corresponds to the duration of the circumstance and a reasonable time for its elimination.

6.5. If the circumstances provided for in this article last more than three months, the Parties will jointly determine the further legal fate of this Agreement.

1. Additional terms

7.1. In the event that the goods are replaced by the Seller under warranty in full or in part, before the termination of the contract, the parties are obliged to amend the annex to the contract within three working days from the date of replacement of the goods.

1. Final provisions

8.1. This Agreement comes into force from the moment of its signing and is valid until the Parties fully fulfill their obligations.

8.2. Disputes and disagreements arising from this Agreement or in connection with it will be resolved by the Parties through negotiations. If no agreement is reached, the dispute is submitted to arbitration.

8.3. Any changes and additions to this Agreement are valid only if they are made in writing and signed by the Parties.

8.4. Any additions, protocols, annexes to this Agreement become its integral parts from the moment of their signing.

8.5. In everything that is not stipulated in this Agreement, the Parties are guided by the current legislation of the Russian Federation.

8.6. This Agreement is made in triplicate, having equal legal force, one copy for each of the Parties.

1. Addresses and bank details of the Parties

Signatures of the parties:

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 in 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:

1. 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.
2. 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.
3. 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.

1. 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.

1. 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.
2. 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.
3. The Agreement is made in two copies, having equal legal force, one for each of the Parties.
4. 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, a banking organization, state funds (for example, for the payment of mandatory payments), utility service providers (for debts for utilities) can be its party.

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 a corresponding proposal in writing. 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.