Payment is made by bank transfer, by transferring funds to the supplier's bank account.

Rules for non-cash payments

Since two thousand and twelve, new laws regulating the rules of non-cash payments have come into force. We recommend that you familiarize yourself with them before carrying out operations.

Non-cash payment is a payment that is carried out without cash.

Non-cash payments can be made using bills, checks, and other methods. People use non-cash payments in some areas of economic relations. For example, non-cash payments are used when selling products, various works, services, when receiving and returning loans from the bank, when using and paying actual income.

The following forms of non-cash payments exist:

Calculation by payment orders,
- letter of credit payment form,
- payments using checks,
- settlements with payment orders and claims
- settlements due to mutual claims.

Organizations themselves choose the forms of non-cash payments. These forms are provided for in the agreements that the organization enters into with the bank. The participants in non-cash transactions are payers and collectors. And also the banks that serve them. All operations relating to bank accounts are performed only on the basis of the necessary payment documents.

The settlement document isan order issued on electronic media or in writing.

The following orders are distinguished:
- payer
- recipient

The requirements for the preparation of settlement documents are set out in the regulations of the Central Bank of the Russian Federation.

Types of non-cash payments

Cash payments can be made by the company either in cash or in the form of a non-cash payment.

Non-cash payments are made using non-cash transfers to the current, current and foreign currency accounts of bank clients, a system of accounts between different banks, clearing offsets of mutual claims through settlement fees, and also using checks and bills of exchange that replace cash. Non-cash payments are made mainly through banking, settlement and credit transactions. The use of these operations helps reduce cash flow costs and ensures more reliable safety of funds.

Payment by bank transfer

Payment by bank transfer is carried out if you have the details of the bank or individual to whom you need to transfer money. Payment by bank transfer helps to significantly reduce the time for making payments.

Non-cash payment methods:

1) Bank transfer
2) Bank cards
3) Electronic payments (

One of the most important points of each transaction is the point devoted to the procedure for making payments for this transaction. As a rule, in practice, payments are made in cash. The parties to the agreement have the opportunity to provide for both cash and non-cash payment options. Another option for carrying out calculations may also be provided.

Monetary form of settlement under the agreement

When concluding an agreement that provides for a cash settlement option, partners should pay attention to some important aspects. First of all, these are the terms of payment. The amount that one party must pay to the other must be indicated in rubles, since this particular currency is legal tender and is subject to use throughout our country (Article 140 of the Civil Code of the Russian Federation).

Of course, this does not mean that foreign currency has no place in the text of the agreement: the parties can provide that payment is made in rubles in an amount equivalent to some other foreign currency. In such a case, the amount to be paid in rubles is determined based on the official exchange rate on the day of payment. As for the use of foreign currency during settlements, this is possible only in cases provided for by law.

The Civil Code of the Russian Federation states that payments between companies, as well as payments between individual entrepreneurs, must be carried out in non-cash form (Article 861, clause 2). Settlements between these entities can also be made in cash, if the settlement limit of 100 thousand rubles within the framework of one agreement is not violated.

Calculation of legal interest

Art. has been in force for more than a year now. 317.1 of the Civil Code of the Russian Federation, according to which the creditor has the opportunity to demand interest from the debtor for the use of money, even if such a clause is not specified in the terms of the agreement. This article makes it possible to collect interest even on those transactions whose conditions were fulfilled on time. If the parties have not provided for the amount of accrued interest, then the Central Bank refinancing rate is taken as the basis

When applying this article, some difficulties may arise during the execution of a contract with deferred payment. Buyers in this case may be required to pay interest, and sellers may include the amount of interest in the cost of the purchased goods. Of course, this article can not be applied by including in the text of the contract a clause according to which this article does not apply between the parties.

Cashless payments under the agreement

As already mentioned, most often settlements between companies, as well as between individual entrepreneurs, are in practice carried out in non-cash form. This form of settlement is carried out through financial organizations (banks and credit organizations) in which an account is opened in the name of the counterparty (Article 861, clause 3 of the Civil Code of the Russian Federation). This is the most common and easiest way to make calculations. However, there are no restrictions regarding the amount of settlements.

The transfer of funds to the account of the counterparty can be carried out using a payment order, letter of credit, collection or check. But in practice, as a rule, payment orders are used. The parties may also use other forms of settlements that are provided for by current legislation.

For example, the Federal Law “On the National Payment System” introduced the concept of electronic money. Electronic money is becoming increasingly popular today. Citizens of our country have the opportunity to use various electronic wallets with quite wide capabilities, which can be used both when making purchases on the Internet and when concluding other transactions.

Cash payments

Sometimes this form of payment is more attractive. For example, this form of payment is used in cases where the price of the purchased product is relatively low. But when making cash payments, you need to remember some restrictions.

In particular, it is legally established that the amount of cash payments cannot exceed 100,000 rubles. This restriction is established for commercial entities - companies and individual entrepreneurs. At the same time, the limit established by law must be observed for each transaction separately. Sometimes in practice the parties prefer to make cash payments, and if the contract amount exceeds 100,000 rubles, they enter into several similar transactions for an amount not exceeding 100,000 rubles. But it is not recommended to do this, since the court may later recognize these transactions as one.

There is such judicial practice. In particular, by resolution of December 3, 2008 No. A72-3587/2008, the FAS of the Volga Region recognized the fact of concluding several separate transactions (5 in number) that did not comply with the will of the parties, which was not aimed at concluding five separate transactions. The court concluded that, in fact, the parties entered into only one transaction, the amount of which exceeded the limit established by law for cash payments. Because of this, one of the parties to the transaction was held liable on the basis of Art. 15.1 Code of Administrative Offenses of the Russian Federation.

You should also know that the above limit also applies after the expiration of the contract. For example, if the supply agreement provides for the payment of a penalty for late payment, then the limit of 100,000 rubles also applies to the amount of the penalty that was paid after the expiration of the transaction.

When making payments in cash, all companies and individual entrepreneurs must also use cash register equipment (CCT). Accordingly, when making cash payments, you must issue a check using a cash register. An exception to the general rule are cases where a company or individual entrepreneur is not required to use cash register due to the specific nature of the activity they carry out, their location or a special tax regime.

Depositing cash into the cash register and withdrawing it from the cash register must be documented with cash documents. A company that accepts cash must take into account the fact that cash can only be kept in its cash register up to a specified limit. At the same time, each organization sets the cash balance limit independently on the basis of current legislation. Funds that exceed the established limit must be deposited with the bank after the end of the given business day. For exceeding the established limit, an official or individual entrepreneur may be held accountable.

If one of the parties to the agreement is not a resident of our country, then the parties must take into account the fact that payments under such an agreement are considered foreign exchange and must comply with the requirements of foreign exchange legislation. In particular, current legislation obliges foreign exchange transactions to be carried out only using bank accounts.

Other methods of settlement under the agreement

In accordance with Art. 408 of the Civil Code of the Russian Federation, the obligation is terminated after its fulfillment in the proper manner. Accordingly, when the parties to the agreement fulfill all the conditions stipulated in it, the legal relations that arose between them on the basis of this agreement will be terminated.
But an obligation can be terminated not only through its proper performance. Other ways to terminate obligations include:

• compensation;
• test;
• innovation.

These grounds for termination of obligations are mainly related to payment for property or work and services. Let's discuss each of them in more detail.

Compensation. On the basis of a bilateral agreement, an obligation may be considered terminated by providing compensation in exchange for performance. We can talk about compensation in cases where, for example, a party to a contract provides the other party with property of equal value instead of money (for example, a computer).

The compensation agreement is drawn up in simple written form, even if real estate is transferred as compensation. In this case, the agreement must necessarily indicate information about the obligation that is terminated by transferring the compensation, as well as the cost and period for transferring the compensation.

When concluding such an agreement, the parties must take into account the fact that the initial obligation terminates not from the moment this agreement is signed, but from the moment the compensation is transferred. In addition, it is also necessary to take into account the fact that when the compensation is transferred, the initial obligation is terminated completely (this also fully applies to the payment of the penalty), even if the value of the compensation is less than the amount of the obligation, of course, unless otherwise provided by agreement of the parties.

Test. This basis for termination of obligations is provided for in Art. 410 of the Civil Code of the Russian Federation. In accordance with this article, the obligation is terminated by offsetting a counterclaim and a similar claim. In this case, the obligation may be terminated either completely or partially.

Let's give an example. Several agreements may be concluded between the parties, for example, a rental and supply agreement. One party is a supplier and a lessee, i.e., has arrears in paying rent, and the second party, respectively, is a tenant and a buyer, i.e., has an arrears in payment based on the supply agreement. Suppose the first party owes the second 20,000 rubles, and the second party owes the first 15,000 rubles. In this case, obligations can be terminated by offset. In this case, the obligation of the second party to pay 15,000 rubles will be completely terminated, and the obligation of the first party will be partially terminated: in this case, the first party will have to pay the second 5,000 rubles.

The set-off is a unilateral transaction, and the law does not require it to be in writing. But at the request of the parties, the set-off can also be made in writing. Those claims related to compensation for harm caused to health, collection of alimony, and lifelong maintenance are not subject to offset.

If there are no above restrictions, then offset is possible if the parties complied with the following conditions:

• the claims that are subject to offset are counterclaims;
• these requirements must be uniform;
• the deadline for fulfilling obligations has already arrived or does not need to be specified.

Novation. Novation can be defined as an agreement between the parties to a contract, on the basis of which the original obligation is replaced by another obligation, which provides for a different subject or method of performance.

Let's give an example. The parties entered into a sales agreement, but subsequently a novation agreement is concluded and the original obligation is replaced by a loan obligation. In this case, the former buyer becomes the borrower, and the former seller becomes the lender.

The novation agreement must be concluded in simple written form and contain information about the original obligation that is terminated and the new obligation arising between the parties. In this case, the obligation to pay the penalty is also terminated by novation, unless otherwise provided by the agreement concluded between the parties.

Can a legal entity accept payment from a legal entity in cash if the agreement provides for payment only by bank transfer.

Answer

Yes, it can accept payment in cash subject to a limit of RUB 100,000, but is not obligated to do so.

For more details on this, see the materials in the justification.

The rationale for this position is given below in the materials of the “Lawyer System” .

« Payment in cash

Monetary obligations must be expressed in rubles (Articles 140 and 317 of the Civil Code of the Russian Federation).

However, the parties to the supply agreement can set the price in foreign currency or in any conventional units, and make payment in rubles at the agreed rate (usually the Bank of Russia) on the date of payment (clause 2 of Article 317 of the Civil Code of the Russian Federation).

The use of foreign currency, as well as payment documents in foreign currency when making payments on the territory of Russia, is possible only in cases established by currency legislation (clause 2 of article 140, clause 3 of article 317 of the Civil Code of the Russian Federation). Thus, settlements using foreign currency between the parties to a supply agreement are allowed under foreign trade agreements in which one of the parties is a foreign person - a non-resident (Articles 6, 9 of the Federal Law of December 10, 2003 No. 173-FZ “On Currency Regulation and Foreign Exchange control").

The supply agreement can stipulate that the buyer makes payments (including using a notary’s deposit or a safe deposit box) or (Clause 1 of Article 140 of the Civil Code of the Russian Federation).

1. Payment in cash

The possibility of paying in cash is indicated in paragraph 2 of Article 861 of the Civil Code of the Russian Federation.

With this form of payment, the buyer must deposit money into the supplier's cash desk.

Attention! There are restrictions regarding cash payments.

In particular, the maximum amount of cash payments between legal entities and (or) individual entrepreneurs within the framework of one agreement is equal to*:

• 100,000 rub. or
• an amount in foreign currency equivalent to 100,000 rubles. at the official exchange rate of the Bank of Russia on the date of cash payments.

Moreover, the specified amount includes payment of obligations, both stipulated by the contract and arising from it. It does not matter whether the performance was carried out during the validity period of the contract or after the end of its validity period.

This limitation is established in paragraph 6 of the Bank of Russia instructions dated October 7, 2013 No. 3073-U “On cash payments” (hereinafter referred to as the Instructions).

If the parties go beyond its scope, then administrative liability may arise under Article 15.1 of the Code of Administrative Offenses of the Russian Federation.

Therefore, you should not include a condition on payment for goods in cash if the cost of the goods exceeds 100,000 rubles. Moreover, it is not worth concluding several supply contracts on the same day with one counterparty if payment for them is made on the same day and exceeds 100,000 rubles in total. In this case, the court may conclude that the parties actually carried out one transaction for an amount exceeding the established limit for cash settlements between legal entities.

However, this restriction does not apply to cash payments between legal entities (or individual entrepreneurs) and individuals. They are possible without limiting the amount (clause 1 of Article 861 of the Civil Code of the Russian Federation, clause 5 of the Instructions).

2. Payment by bank transfer

This is the main form of payment for legal entities and individual entrepreneurs (clause 2 of Article 861 of the Civil Code of the Russian Federation).

The parties independently determine the specific forms and procedure for settlements in the contract, taking into account the rules of Article 862 of the Civil Code of the Russian Federation*. Thus, the parties can agree that the buyer will make payments through banks and other credit organizations:

• (see details),
• by (see more details),
• checks,
• by collection (see details) or
• in other forms provided for by law, banking rules established in accordance with it and customs applied in banking practice.

An example of the wording of the terms of a supply agreement on payment for goods by payment orders

“Settlements under this Agreement are made non-cash by transferring funds to the Supplier’s bank account based on the Buyer’s payment order*.”

If the parties decide to use non-cash forms of payment, then the contract can indicate the moment from which the buyer’s obligations to pay for the goods are considered fulfilled. This could be the moment:

• crediting money to the supplier's bank account;
• debiting them from the correspondent account of the buyer’s bank or
• crediting them to the correspondent account of the supplier's bank.

If the agreement does not contain a special condition on the moment of payment, then the payment obligation will be considered fulfilled at the moment the funds are credited to the correspondent account of the supplier’s bank. And when the buyer and supplier are served by the same bank, the moment of fulfillment of the obligation will be the crediting of funds to the account of the supplier itself (clause 26 of the resolution of the Plenum of the Supreme Court of the Russian Federation of November 22, 2016 No. 54 “On some issues of application of the general provisions of the Civil Code of the Russian Federation on obligations and their fulfillment”, hereinafter referred to as Resolution No. 54).

For the buyer, the most comfortable and less risky option will be the second option listed above - debiting funds from his correspondent account.

Examples of wording of the terms of a supply agreement regarding the moment of fulfillment of the obligation to pay for goods

“The Buyer’s obligation to pay is considered fulfilled at the moment the funds are written off from the correspondent account of the Buyer’s bank.”

If it is possible to include this condition in the contract, the goods will be considered paid for even before the funds actually arrive in the supplier’s bank account.

The least profitable option for the buyer is the first option, in which payment obligations are considered fulfilled only from the moment the money is credited to the supplier's bank account. In this case, the buyer faces additional risks - if the funds “do not reach” the supplier due to the fault of the bank, then the obligation to pay for the goods will not be considered fulfilled. Penalties from the supplier will be difficult to avoid.

An example from practice: the court indicated that writing off money from the buyer’s current account does not yet mean fulfillment of the obligation to pay for the goods - it is necessary to check whether the money has arrived in the supplier’s account

LLC "T." appealed to the arbitration court to collect the debt for the goods supplied to entrepreneur S.

The court rejected the claim on the basis that the defendant fulfilled the obligation to pay for the goods by payment order No. 11 dated October 20, 2008. The plaintiff filed a cassation appeal.

The cassation court overturned the court's decision, guided by the fact that the payment order did not indicate the crediting of funds to the supplier's account, but only their debiting from the buyer's account. In addition, the contract directly provided that the obligation to pay for the goods was considered fulfilled only at the moment the funds were credited to the supplier's bank account or received at the supplier's cash desk.

The case was sent for a new consideration (resolution of the Federal Antimonopoly Service of the Moscow District dated June 7, 2010 No. KA-A40/5338-10 in case No. A40-61853/09-63-464).”

“If the parties agreed in advance that the buyer transfers money to the current account, then there is no reason to deposit money* (Resolution of the Presidium of the Supreme Arbitration Court of the Russian Federation dated August 21, 2001 No. 1194/99).

Moreover, if the parties did not indicate the details of the seller’s current account and another payment method was not specified, then there is a chance that, taking into account the actual circumstances of the case, the court will recognize payment through a deposit as justified from the point of view of Article 327 of the Civil Code of the Russian Federation. Thus, the court refused the seller, who considered that the buyer had no reason to make an installment payment for the property on a notary deposit. The parties to the agreement stipulated that any forms of payment not prohibited by law are possible (resolution of the Federal Antimonopoly Service of the Volga-Vyatka District dated March 23, 2009 in case No. A43-7096/2008-15-224).

However, the court may decide otherwise. He may come to the conclusion that the mere absence of a specific payment method in the contract does not give the buyer the right to deposit the payment with a notary.

If in doubt, the buyer should first contact the seller and clarify the payment method. And only if the seller does not respond, this can be considered an evasion of acceptance of execution.”

Contract No. ___/13

city___________ "___" __________ 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 entered into this Agreement (hereinafter referred to as the Agreement) as follows.

1. The Subject of the Agreement

1.1. The Customer instructs, and the Contractor undertakes, the execution of construction and installation work in accordance with the local estimate (Appendix No. 1) in an apartment with building number ___, located at the address: _______________________________________________________________________________________ (hereinafter referred to as the Facility).

2. Cost, 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 an estimate (Appendix No. 1), which at the time of signing this Agreement is _________ (_______________________________________ rubles __ kopecks), including VAT - 18%.

2.2. Payment under the agreement 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. __ kopecks), including VAT - 18%.

After complete completion of the work, no later than 3 days after the Customer signs the work acceptance certificate (f.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 of the work acceptance certificate from the Contractor (form KS-2, KS-3). Within the specified period, the Customer is obliged to sign an acceptance certificate for 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, a bilateral act is drawn up within 3 working days from the date the Contractor receives a reasoned refusal. If the Customer does not sign the acceptance certificate for the work performed within 3 days and does not provide the Contractor with a reasoned refusal, the work is considered accepted and subject to payment.

2.3. If the Contractor, after payment by the Customer of the advance payment, does not begin to perform work under this Agreement within more than 7 working days, then the Customer has the right to terminate this Agreement and demand the return of the advance payment. The Contractor shall return the advance payment within no more than 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. Time frame for completing the work

3.1. The deadlines for completing apartment renovation work are established by the Parties:

from “___” ___________ 2013 to “___” ___________ 2013.

4 . Duties of the parties

4.1. The contractor is obliged:

4.1.1.

Complete the work in the amount and within the time frame stipulated by the Contract, and hand over the object to the Customer as specified in clause 3.1. Contract term.

4.1.2. Ensure that work is carried out in accordance with the project, building codes and regulations and instructions of the Customer and the quality of work is performed in accordance with design documentation and current standards.

4.1.3. Ensure that the necessary safety and environmental protection measures are taken during the work.

4.1.4. Agree with the organization carrying out the construction of the house the procedure for conducting work and ensure its compliance.

4.1.5. Ensure cleaning of the work site and the immediate area adjacent to it.

4.1.6. Remove, within 5 days from the date of signing the act of acceptance of the Object, outside the work site, equipment, inventory, tools, other property, as well as construction waste belonging to the Contractor.

4.2. 4.1.7. Fulfill your obligations provided for in other articles of the Agreement.

The customer is obliged:

4.2.1. Transfer the apartment to the Contractor for the duration of the work.

4.2.2. Accept and pay for the Work in the manner prescribed by the Contract.

4.2.3. Fulfill your obligations provided for in other articles of the Agreement.

5. Amendments to the contract

• The customer has the right to make changes to the scope of work that, in his opinion, are necessary. In this case, he is obliged to send a written order to the Contractor indicating:

• changes in the nature, quality or type of some specified work;

• performing certain additional work;

• increasing or decreasing the volume of some specified work;

inclusion or exclusion of some type of work.

If such changes affect the cost or completion date of the work, the Contractor will begin to perform them only after signing an additional agreement, which becomes an integral part of this Agreement from the moment of its signing.

The contract price may be changed by mutual agreement of the Parties, which is confirmed by an additional agreement, which becomes an integral part of this Agreement from the moment of its signing.

6. Final provisions

6.2. The Parties stipulate 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 will be resolved by the Parties through negotiations. If a solution is not reached, these disputes must be resolved in court.

6.4. The Agreement is drawn up in two copies having equal legal force, one copy for each of the Parties.

7. Addresses and bank details of the parties

city___________ "___" __________ 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 entered into this Agreement (hereinafter referred to as the Agreement) as follows.

1. The Subject of the Agreement

1.1. The Customer instructs, and the Contractor undertakes, the execution of construction and installation work in accordance with the local estimate (Appendix No. 1) in an apartment with building number ___, located at the address: _______________________________________________________________________________________ (hereinafter referred to as the Facility).

2. Cost, payment procedure and acceptance of work under the contract

2.1. The cost of work under this Agreement is determined on the basis of an estimate (Appendix No. 1), which at the time of signing this Agreement is _________ (_______________________________________ rubles __ kopecks), including VAT - 18%.

2.2. Payment under the agreement 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. __ kopecks), including VAT - 18%.

After complete completion of the work, no later than 3 days after the Customer signs the work acceptance certificate (f.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 of the work acceptance certificate from the Contractor (form KS-2, KS-3). Within the specified period, the Customer is obliged to sign an acceptance certificate for 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, a bilateral act is drawn up within 3 working days from the date the Contractor receives a reasoned refusal. If the Customer does not sign the acceptance certificate for the work performed within 3 days and does not provide the Contractor with a reasoned refusal, the work is considered accepted and subject to payment.

2.3. If the Contractor, after payment by the Customer of the advance payment, does not begin to perform work under this Agreement within more than 7 working days, then the Customer has the right to terminate this Agreement and demand the return of the advance payment. The Contractor shall return the advance payment within no more than 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. Time frame for completing the work

3.1. The deadlines for completing apartment renovation work are established by the Parties:

from “___” ___________ 2013 to “___” ___________ 2013.

4. Responsibilities of the Parties

4.1. The contractor is obliged:

4.1.1. Complete the work in the amount and within the time frame stipulated by the Contract, and hand over the object to the Customer as specified in clause 3.1. Contract term.

4.1.2. Ensure that work is carried out in accordance with the project, building codes and regulations and instructions of the Customer and the quality of work is performed in accordance with design documentation and current standards.

4.1.3. Ensure that the necessary safety and environmental protection measures are taken during the work.

4.1.4. Agree with the organization carrying out the construction of the house the procedure for conducting work and ensure its compliance.

4.1.5. Ensure cleaning of the work site and the immediate area adjacent to it.

4.1.6. Remove, within 5 days from the date of signing the act of acceptance of the Object, outside the work site, equipment, inventory, tools, other property, as well as construction waste belonging to the Contractor.

4.1.7. Fulfill your obligations provided for in other articles of the Agreement.

4.2. The customer is obliged:

4.2.1. Transfer the apartment to the Contractor for the duration of the work.

4.2.2. Accept and pay for the Work in the manner prescribed by the Contract.

4.2.3. Fulfill your obligations provided for in other articles of the Agreement.

5. Amendments to the contract

The customer has the right to make changes to the scope of work that, in his opinion, are necessary. In this case, he is obliged to send a written order to the Contractor indicating:

• changes in the nature, quality or type of some specified work;

• performing certain additional work;

• increasing or decreasing the volume of some specified work;

• inclusion or exclusion of some type of work.

If such changes affect the cost or completion date of the work, the Contractor will begin to perform them only after signing an additional agreement, which becomes an integral part of this Agreement from the moment of its signing.

The contract price may be changed by mutual agreement of the Parties, which is confirmed by an additional agreement, which becomes an integral part of this Agreement from the moment of its signing.

The contract price may be changed by mutual agreement of the Parties, which is confirmed by an additional agreement, which becomes an integral part of this Agreement from the moment of its signing.

6.1. Any agreement between the Parties entailing new obligations not provided for in 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 stipulate 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 will be resolved by the Parties through negotiations.

Cashless payments

If a solution is not reached, these disputes must be resolved in court.

6.4. The Agreement is drawn up in two copies having equal legal force, one copy for each of the Parties.

7. Addresses and bank details of the parties

Payment for goods

Forms of payment for individuals:

Cash payment for individuals

You pay for your order in cash in one of our stores. Along with your order, you receive a sales receipt and an invoice containing all the product items of your order.

Bank card for individuals

Payment for the order is made using a terminal for payment by bank cards in one of our stores. Along with your order, you receive a sales receipt and an invoice containing all the product items of your order.

Cashless payments for individuals

In case of non-cash payment for the order, you will be billed and, if necessary, sent to the specified E-mail account.

Non-cash payments

You can print out the invoice and present it at the nearest branch of Sberbank of the Russian Federation or any other bank that works with individuals. All payment documents must be kept until the goods are received. Along with your order, you receive an invoice containing all the product items of your order.

Forms of payment for legal entities:

Cashless payments for legal entities

Payment for orders by clients - legal entities is possible only by bank transfer. To receive an invoice, you need to send or transfer your organization's bank details. After placing an order, the manager will generate an invoice for payment, which you can print and pay.

All documents necessary for accounting (original invoice for payment, invoice, invoice) are issued along with the order upon receipt. When receiving goods by legal entities, a power of attorney and a passport or stamp are required if received by the head of the organization.

Attention! When registering, you must provide details strictly in accordance with the constituent documents of the organization that is the payer and recipient of the order. You can also send a company card to the following e-mail address: [email protected]

Due to legal requirements, payment cannot be accepted if:
. The order is placed under the registration of an individual, and is paid by a legal entity.
. The order is placed under the registration of legal entity "A", and payment is made by legal entity "B".
. The order is placed under the registration of a legal entity, and payment is made by an individual.
In these cases, the order will not be accepted for processing. The funds will be returned to the payer.

Payment Methods

• Cashless payment: payment for goods is made by the buyer on the basis of an invoice by transferring funds to the bank account of our company. For individuals, it is also possible to pay by bank transfer by preliminary transfer of funds in any bank (or on-line credit card) to the details specified in the invoice.

When paying by bank transfer, you will be provided with: waybill, invoice, warranty card (if the product has a warranty) and accompanying documents. To receive goods by bank transfer, the buyer must provide a power of attorney from the organization or a seal signed by the financially responsible person or the person with the right of first signature.

Delivery throughout the city and region

Delivery of goods is carried out by courier within the city of Samara and the Samara region after advance payment for the goods by transferring funds to the bank account of our organization.

After payment, the hall sales manager will contact you by phone numbers indicated in the registration card when placing your order and specify a convenient delivery date and time.

Attention! Delivery is carried out only to the entrance of the house (entrance to the organization).

Cost of delivery:

• delivery in Samara for orders worth more than 5,000 rubles. - FOR FREE!
• delivery in Samara for orders worth less than RUB 5,000. — 300 rub.
• delivery within the region - 7 rubles per 1 km (kilometers are calculated in both directions).

Delivery to regions

Delivery to the regions of the Russian Federation is carried out by transport companies represented in the city.

How to process payment to a supplier for purchased goods and additional services provided?

Samara and having their own terminals in your city (region). The following data will be required from you: last name, first name and patronymic of the recipient of the cargo, contact numbers of the recipient, address, form of payment. We will provide all information about the dimensions and weight of the ordered goods, and also, at your request, we will calculate the cost of transportation to your destination. We will deliver and deliver the goods you purchased to any transport company of your choice free of charge. Next, upon the arrival of the goods in your city, you will receive it at the transport company’s terminal at or at the address you specified (if you arrange “door-to-door” delivery). You can pay for transportation upon receipt of the goods directly at the transport company’s terminal. The cost of transportation depends on the tariffs of the transport company you choose. For your convenience, we cooperate with the following cargo delivery companies: Autotrading, Business Lines, PEK, Baikal-Service, ZhelDorExpedition, Cargo and others.

How to draw up a purchase and sale agreement for an apartment yourself, and which payment method to choose?

When purchasing real estate, the buyer and seller try in every possible way to protect themselves. The previously popular method of transferring money from hand to hand is today not only outdated, but also, from a legal point of view, illegal. All transactions worth more than 600 thousand rubles must be carried out exclusively in non-cash form.

But what if you buy real estate, the cost of which is less than 600 thousand and do not want to waste time opening an account, waiting for a transfer and other nuances associated with the work of financial organizations? In this case, you can use the most common method - pay for the transaction and the apartment purchase and sale agreement itself in cash. But what if you use housing certificates and maternity capital funds for an apartment?

Apartment purchase and sale agreement: cash payment

Which you can download on our website, filled out as standard:

1. The date/place of conclusion of the agreement, full names of the parties are indicated;

2. Full information about the apartment;

3. Rights and obligations;

4. Property value;

5. Warranties;

6. Payment procedure.

It’s in the “Payment Procedure” section that there will be slight differences. If you enter into a cash purchase and sale agreement for an apartment, you indicate the settlement date and the exact amount. Confirmation that the funds have been transferred to the buyer in full will be a receipt attached to the purchase and sale agreement. Of course, an oral agreement will not be considered a basis for the court in case of disagreement. Therefore, it is necessary to compile it in writing, preferably in the presence of witnesses.

An apartment purchase and sale agreement (cash payment) has the only undeniable advantage - the seller receives money instantly. There is no need to stand in lines, wait for the required amount to be available at the branch, and holding money in your hands is much more pleasant than having it in your account.

Otherwise, cash payments consist of only disadvantages, including the following risks:

It is quite difficult for a buyer to withdraw a large amount from his card or account;

It is possible to replace real money with counterfeit money;

You can make a mistake in the calculation, and after signing the documents, it is unlikely that you will be able to return the funds.

Moreover, the buyer is at great risk, because he pays the entire amount for the apartment at once (or even a deposit). The transaction may be stopped at the registration stage, and it may be very, very difficult to collect money from the seller, because he simply may have already spent it.

Sample apartment purchase and sale agreement: cashless payment and other methods

Sample purchase and sale agreement for an apartment (non-cash payment) you can fill out on our website. Giving money in cash is a risky business, but modern methods of non-cash payments can guarantee maximum security in such complex transactions.

Method No. 1: renting a safe deposit box when concluding an apartment purchase and sale agreement

Almost 70% of participants in real estate transactions consider this calculation method to be the most reliable. The buyer rents a safe deposit box in one of the banks and puts all the funds there. The procedure is carried out in the presence of the real estate seller and an employee of the financial institution.

The money is stored in the safe deposit box until the buyer comes for it (in the case of a failed transaction) or the seller comes (in the case of a successful transaction). Of course, the bank will issue money only if there are documents confirming the sale of real estate or the failure of the transaction. During storage, 2 keys are attached to the cell - one remains with the bank employee, the second - with one of the parties to the transaction.

Cashless payment: application

To avoid disputes, you can leave the second key with the financial institution. The bank will save your money for only 3-5 thousand rubles per month.

How to draw up a contract for the sale and purchase of an apartment through a safe deposit box? Everything is very simple - you will need to indicate in the “Payment Procedure” section that the seller will be able to withdraw the entire amount from the safe deposit box (indicate the number) immediately after the buyer registers the property.

Method No. 2: letter of credit and apartment purchase and sale agreement

The method is similar to the previous one, only the buyer opens an account and enters into an agreement with a financial institution, and the seller will receive money only after the buyer presents the bank with a certificate of ownership. The method is more expensive than renting a cell.

In this case, an agreement with the bank is attached to the purchase and sale agreement, and the situation is fully described in the “Payment Procedure” section. The method is similar to settlement with the seller using an escrow account (the buyer opens a bank account for an amount equal to the cost of the apartment, the bank keeps the money until it receives confirmation of the transfer of ownership).

Where can I get an apartment purchase and sale agreement?

Agreement for the sale and purchase of an apartment for cash, sample which can be downloaded on the website, it is recommended to conclude only if your close friends or relatives act as sellers.

According to Art. 516 of the Civil Code of the Russian Federation, if you do not indicate the form of payment, then “by default” payment using payment orders is used. This is a special document according to which the bank undertakes to transfer funds from the buyer’s account to the seller’s account within 10 days (not counting the date of the order itself).

The order itself should be drawn up in 4 copies, in each of which you need to indicate the date, period, details of the parties (payer, recipient and bank), amount. You also need to clearly indicate the basis for the payment - in your case, this is the fulfillment of an obligation under the sales contract. This is a standard and very reliable method. It is also possible to settle the agreement in accordance with the payment schedule.

Where can I get an apartment purchase and sale agreement?? You can turn to lawyers, however, drawing up an agreement will cost you very much. Or you can draw up an agreement directly on our website. Experienced lawyers have already worked on it, all you have to do is answer the questions in the form on the left, and the system itself will distribute the information to the necessary sections of the agreement. As a result, drawing up an agreement will take no more than 5 minutes. Enjoy the benefits of our service!

With the help of the “Simply Documents” agreement designer, you can also quickly and easily prepare the following types of apartment purchase and sale agreements:

Go to section: Apartment purchase and sale agreements.

1. Settlements with the participation of citizens not related to their business activities may be made in cash (Article 140) without limiting the amount or by bank transfer.

2. Settlements between legal entities, as well as settlements with the participation of citizens related to the implementation of their business activities, are made by bank transfer. Settlements between these persons can also be made in cash, unless otherwise provided by law.

3. Non-cash payments are made through banks and other credit organizations (hereinafter referred to as banks) in which the corresponding accounts are opened, unless otherwise follows from the law and is not stipulated by the form of payment used.