What does the customer mean who refused delivery

Your rights in the event of a delay in delivery: Withdrawal from the purchase contract or compensation for non-performance

Withdrawal from the purchase contract or compensation for non-performance - these are your rights in the event of a delay in delivery

Since the law of obligations modernization law came into force on 01/01/2002, the rights in the event of a delay in delivery have been as follows:

  • Withdrawal from the purchase contract
  • Compensation for non-performance
  • Compensation for damage caused by delay

 

There is a delay in delivery if a due delivery has not been made despite a reminder and the seller culpably delayed or failed to deliver, d. H. if the seller does not deliver the goods to the buyer on the agreed date. Because not with every purchase, the purchased item is immediately handed over to the buyer. A specific delivery date (e.g. May 1st, 2014) or delivery within a specific period (e.g. delivery within two weeks) is often agreed. The buyer is then entitled to have the goods delivered on the agreed delivery date. If he does not receive the goods at the agreed time, he can either withdraw from the purchase contract, demand compensation for non-performance or demand compensation for the damage caused by delay.

 

The rights in the event of a delay in delivery in detail

 

1. Withdrawal from the purchase contract

In the event of a delay in delivery, the buyer has the option of withdrawing from the purchase contract. The declaration of withdrawal has the consequence that the purchase contract is reversed, i. H. the contractual relationship is treated as if a contract had never been concluded between the parties. The seller no longer has to deliver the goods and the buyer can no longer request delivery. If the buyer has already paid the purchase price, the seller is obliged to reimburse the amount received.

The following requirements must be met so that the buyer can withdraw from the purchase contract in the event of a delay in delivery:

  1. Seller and buyer have concluded an effective sales contract.
  2. The delivery of the goods was due, i. H. the seller should have already delivered the goods (in exceptional cases the buyer can withdraw before the due date of the service if it is obvious that the conditions for withdrawal will occur).
  3. A reasonable deadline set by the buyer for the delivery of the purchased item has remained unsuccessful (the setting of a deadline is unnecessary, for example, if the seller seriously and finally refuses the delivery).
  4. If the seller has only delivered part of the goods on time, the buyer can only withdraw from the entire contract if he is not interested in the partial performance.
  5. Withdrawal from the purchase contract is excluded for the buyer if the reason for the withdrawal is entirely or predominantly his responsibility or if he is in default of acceptance. There is a default in acceptance if the buyer does not accept the object of sale offered to him as agreed.
     

2. Compensation for non-performance

In the event of a delay in delivery, the buyer can, instead of withdrawing from the purchase contract, demand compensation for non-performance. In this case, too, the purchase contract will be reversed, i.e. H. the contractual relationship is treated as if the contract had not come about. The seller no longer has to deliver the goods and the buyer can no longer request delivery of the goods. If a partial delivery has already been made or if the buyer has already paid the purchase price, these services must be reimbursed. The buyer can demand compensation for non-performance if the following requirements are met:

  1. An effective sales contract was concluded.
  2. The delivery of the purchase item was due, i. H. the seller should have already delivered the goods.
  3. A reasonable deadline set for the seller by the buyer for the delivery of the goods has elapsed without success (the deadline is not required if the seller seriously and finally refuses to deliver the goods).
  4. If the seller has only made a partial delivery on time, the buyer can only demand compensation for non-performance if he is not interested in the partial delivery.
  5. If the stated requirements are met, the buyer is entitled to compensation for the damage that he incurred as a result of the seller's failure to fulfill the purchase contract. This includes the costs incurred by the buyer because he finally did not receive the goods.
  

3. Compensation for damage caused by delay

Delay damage is the damage that the buyer incurs as a result of the late delivery of the purchased item. If the buyer is still interested in receiving the goods despite the delay in delivery, he usually demands compensation for the damage caused by the delay from the seller. In this case, the sales contract continues to exist and the buyer is still entitled to delivery of the goods.

In order for the buyer to be able to receive compensation for damage resulting from the delay in delivery, these requirements must be met:

  1. There is an effective sales contract.
  2. The delivery of the purchased item was due, i. H. the goods should have already been delivered. If no delivery period was agreed in the sales contract, the seller must provide the service immediately after the contract has been concluded. He is to be granted a reasonable delivery time.
  3. The buyer has duly dunned the seller (or a reminder is unnecessary because the seller finally refused delivery or an exact delivery date was specified in the contract).
  4. Despite a reminder, the seller has not yet delivered.
  5. The seller is responsible for the delay in delivery.

 

Practical tip

Because the buyer may be obliged to prove that he has sent a reminder to the seller, the reminder should be sent by registered mail with acknowledgment of receipt.

 

Important NOTE

If the prerequisites are met, the buyer can demand both the delivery of the purchased item and compensation for the damage caused by the delay in delivery. The seller must place the buyer financially as he would if he had received the goods on time. Damage caused by delay is, for example, the dunning costs, any lost profit that arose from the fact that the goods were not delivered on time or rental fees for a replacement item for the time in which the buyer wanted to use the ordered goods.