英文合同之迟延履行金条款示例和解读

If our client is the party to receive payment , then always remember to check if we have a late payment clause or liquidated damages clause in the agreement. This is essential clause to incentivize good faith behavior and deter from breaching contract. Under Chinese law, this is generally enforceable. But under American law, we need to avoid prima facie case of penalty, which is against public policy.


Some sample clause:
延付款条款late payment clause sample:
1
Payment of Monthly Fees are due upon receipt of invoice, and are delinquent if not received within 15 days. Any Fees not received 30 days from the date of invoice are subject to a late charge of 1.5% per month.

2
If [Buyer] fails to make any payment within the time stipulated in this Clause [NUMBER], then [Buyer] shall be liable to pay to [Supplier] interest on such unpaid amounts from the due date through the date such delayed payment is made in full. The applicable rate of interest shall be at an annual rate of 15% / or : the LIBOR rate for [six (6)]-month USD loans plus [two] percent ([2]%).

3
If a monthly installment in this provision is late by three business days (under the PRC or the United States), Our Client will provide a warning notification to Opposing Company by electronic mail. If Opposing Company fails to make payment within three business days (under the PRC or the United States) thereafter, the Opposing Company shall pay to Our Client liquidated damages for the late payment, interest on said monthly installment being at an annual rate of 15%.