- Late payment interests without formal notice letter are implemented from day after the payment deadline.
- Without prejudice to paragraphs no. 3,4 and 5, for the purpose of effective date of late payment interests, the following terms shall be applied:
a) thirty days after receiving an invoice or an equivalent request for payment. The requests of integration or formal change of the invoice or any other similar request for payment have no impact on effective date;
b) thirty days after receiving goods or performances, namely when the date of invoice receipt or similar request for payment is not clear;
c) thirty days after receiving goods or performances, namely when the date of invoice receipt or equivalent request for payment is earlier than the date of services or goods receipt;
d) thirty days after the date of verification or acceptance pursuant to law or contract, with the purpose of assessing its compliance with delivered goods or provided services, if debtor receives invoice or similar request for payment not later than that date. - When dealing with business transactions both parties may extend and agree on a new payment deadline, differently from paragraph no. 2.
Unless this is grossly unfair to creditor, extended deadlines exceeding sixty days may be expressly agreed. The clause connected with deadline shall be provided in written. - In the event of commercial transactions when the debtor is the public administration, both parties may expressly agree, an extended deadline for the payment longer than what referred to in the paragraph no. 2 when justified by the nature or object of the contract, or existing circumstances when concluding it. In any case the terms referred to in the paragraph no. 2 may not exceed sixty days. The clause connected with deadline shall be provided in written.
- The terms referred to in paragraph no. 2 are doubled for:
a) state companies subjected to transparency requirements in compliance with legislative decree no. 333, 11th November 2003;
b) state organisations providing health care and duly recognized for this purpose. - In case of procedure aiming at assessing if supplied goods or provided services comply with relevant contract, this procedure may not exceed 30 days after their delivery date unless expressly agreed otherwise by both parties or expressed in procurement documents, unless this is grossly unfair to creditor pursuant to article no. 7.
The agreement shall be evidenced in writing - Without prejudice to both parties to agree payment on instalments. In that event, whether instalment is not paid by agreed date, interests and compensation shall be calculated solely based on overdue amounts pursuant to current decree.
Interests on commercial transactions
Implementation of Directive no. 2000/35/CE “Combating late payment in commercial transactions” DEFAULT INTEREST RATE pursuant to legislative decree no. 231/2002 From To B.C.E. Rate Surcharge Total 01/07/2002 31/12/2002 3,35% 7,00% 10,35% 01/01/2003 30/06/2003 2,85%...