Article 12¹. Violation of the Time Limit(s) for Delivery of Goods under a Sales Contract

Under a sales contract, the seller shall deliver the goods to the consumer within the time limit(s) specified in the contract.

Delivery of the goods shall be carried out by the seller through handing over the goods to the consumer or to a person designated by the consumer in accordance with the sales contract.

If the seller fails to fulfill the obligation to deliver the goods within the time limit(s) specified in the sales contract, the seller shall pay the consumer a penalty in the amount of 0.5 percent of the unfulfilled part of the obligation for each unit of delay (minute, hour, or day specified in the contract). However, the total amount of the penalty shall not exceed the value of the undelivered goods. Payment of the penalty shall not release the seller from compensating the consumer for losses caused by the violation of the obligation to deliver the goods within the time limit(s) specified in the sales contract.

Payment by the seller of the penalty provided for in part three of this Article and compensation for losses shall not release the seller from the obligation to perform the obligation in kind.

When concluding a sales contract and establishing trading rules, the amount of the penalty may not be set at a level lower than that provided for in part three of this Article.