Comply with the legal regulations when delivery delay berlin-pics / Pixelio
When it comes to a delay in delivery
The conditions for a delay in delivery shall be governed by § 286 of the German Civil Code (BGB).
- In accordance with paragraph 2 of that clause it a reminder not required if the power for a time according to the calendar is determined.
- If the exact amount of supplier so agreed between you delivery comply not, this is automatically set in default of delivery. This means that the supplier will automatically be in default of delivery, if it does not deliver on the agreed fixed and also confirmed date.
- However, it may be that the order confirmation includes so-called exemption clauses with which the supplier does not want to commit to the planned delivery date. These clauses could, for example, "subject" or "about" loud.
grant a grace period In case of delay
They are under $ 281 BGB obliged to inform the supplier to be paid a "reasonable" period of grace.
- For the term "reasonable" there is no fixed time, but should be based on the usual delivery times.
- Should you wish to order a simple standard products as available book or a deliverable CD, it is sufficient if you set a short period (for example, 2 or 3 days).
- For larger or special deliveries, such as a piece of furniture or a kitchen, you should set a longer period. However, you do not have to bet again the planned delivery or production time as a deadline, but for example, estimate the half or a third.
- Basically, you should set a reasonable period after your objective understanding. Because it should continue to be problems with delivery and then want to unsubscribe later in court the dispute, the grace period is a high uncertainty for you, which could be detrimental to the judgment of the judge when you should have measured the time to beat.
Right after the end of the grace period
When the limit you reasonable extension has expired, you have exactly four ways you can proceed:
- You can either declare a withdrawal from the contract or request an exchange, a reduction or compensation. The four options you can easily remember the keyword "WHAM".
- The cancellation of the contract is based on a purchase contract in under § 437, 323 BGB. If you declare a cancellation, the purchase agreement will be undone, so you need to buy the goods elsewhere and return the optionally delivered goods. The costs for the return must take over the delay in the delivery exploiting dividend supplier.
- According to §§ 437, 439, 440 BGB, you also have the right to an Exchange, so you can ask for a flawless or ever held redelivery from Lieferfanten.
- If the delivery arrived after the deadline, you have the opportunity to receive in accordance with § 441 BGB a reasonable price reduction, to compensate you for the renewed delay.
- Finally, you can claim compensation even if delivery after expiry of the extension should not be reached. You can choose between compensation in lieu or in addition to performance.
- When non-performance damages (instead of performance), enter first withdraws from the contract and can claim all costs from suppliers that may have caused it. This could be, for example, for the purchase of a more expensive product or other loss, which is caused to you because you can no longer use the product.
- The alternative would be to continue to require the supply and demand in addition to supplying the payment of the costs incurred by you, the waiting time from the supplier.
- The calculation of liquidated damages shall do so according to §§ 249ff. BGB.