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Calculation method of catering liquidated damages

1. If there is no liquidated damages in the contract, of course there is no liquidated damages, but it is still possible to be liable for damages. 2. If no liquidated damages are agreed, the liquidated damages may not be supported at the time of judgment. However, if both parties have agreed on the liquidated damages, but have not agreed on the standards, it can be based on the Supreme Court's Reply on what standards should be used to calculate the liquidated damages for overdue payment (Fa Shi [1999] No.8) and on the revision of <: Reply of the Supreme People's Court on the standard for calculating the liquidated damages for overdue payment > Reply of "(Fa Shi [2121] No.34), the people's court may calculate the liquidated damages for overdue payment with reference to the standard of charging overdue loan interest by financial institutions stipulated by the People's Bank of China. When the People's Bank of China adjusts the standard for financial institutions to collect interest on overdue loans, the people's court may adjust the calculation standard for calculating liquidated damages for overdue payment accordingly.