Nie ma szans, aby koronawirus nie dotknął także branży leśnej. Z moich informacji wynika, że już widać symptomy nadchodzącego kryzysu (dla niektórych dostrzegalne skądinąd od jakiegoś czasu).
Priorytetem wszystkich przedsiębiorców, w tym ZUL-i, a także kancelarii adwokackich :(, będzie utrzymanie płynności finansowej i uniknięcie bankructwa. Takie też są cele zaproponowanego przez rząd planu pomocowego pod nazwą tarcza antykryzysowa. Jako właściciel firmy leśnej problem mieć możesz tu i teraz, a czekanie na wdrożenie rozwiązań prawnych będzie kosztować.
Podstawowy wyzwanie – wysokie raty leasingowe za sprzęt. Chyba nie pomylę się jeżeli stwierdzę, że to główne zobowiązanie ciążące na większości firm leśnych. Konieczność spłat bez wystarczających dochodów może doprowadzić do szybkiego przejedzenia wszystkich oszczędności.
W poprzednim wpisie wspomniałem o kwestii „siły wyższej” czyli zewnętrznych, niezależnych od Ciebie okolicznościach, które zagrażają wykonywaniu umów.
Czy to dotyczy także umów leasingu? Oczywiście tak.
Stan siły wyższej ma prawnie o tyle znaczenie, że tymczasowo zwalnia z powinności wykonania zobowiązań. Warunkiem jest wyłączny wpływ szczególnych zdarzeń na utratę płynności finansowej. Innymi słowy, jeżeli przyjmiemy, że mamy dzisiaj do czynienia ze stanem siły wyższej (uważam, że mamy), który powoduje, że nie osiągasz przychodów, możesz oczekiwać wstrzymania terminów płatności Twoich rat leasingowych.
Podobno niektóre podmioty finansujące wdrożyły już ścieżki rozpoznawania takich wniosków. Nawet jednak tam, gdzie jasny komunikat do klientów nie trafił, zachęcam, abyś próbował skorzystać z tego prawa.
Pamiętaj, nie zwolni Cię ono z umowy jako takiej, ale z odpowiedzialności za to, że nie uiścisz raty w terminie. W stanie siły wyższej nie powinieneś płacić karnych odsetek, a leasingodawca nie powinien przedterminowo i karnie rozwiązywać Twojej umowy.
Jak zwykle w takich sytuacjach – liczy się dobra, przekonująca, wszechstronna i dobrze udokumentowana argumentacja oraz stanowczo wyartykułowane stanowisko.
Powodzenia!
{ 130 komentarze… przeczytaj je poniżej albo dodaj swój }
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