delivery
Delivery is in the Kaufvertrags- and service contract law occurs when the object of purchase or the work by the seller in compliance with intent in the sphere is brought by the buyer.
General
The delivery is not a synonym for the delivery , the latter describes the entire process of unloading at the supplier through the goods transport up to delivery to the customer. This means that the delivery is only the last part of a delivery. The delivery is a real act as handover through which the goods are completely brought into the buyer's sphere of control. The proof of delivery is issued by the transport company and acknowledged by the buyer. There are some significant legal consequences associated with the delivery .
Legal issues
The legal term delivery concerns the acquisition of possession by the buyer of the goods and is often associated with the transfer of risk . The buyer’s duty to examine and notify does not arise until delivery . If the purchase is a commercial purchase for both parties , the buyer must examine the goods immediately after delivery by the seller, insofar as this is feasible in the normal course of business, and, if a defect becomes apparent , notify the seller immediately ( § 377 para. 1 HGB ). This means that merchants are legally obliged to inspect incoming goods . The investigation must be carried out to the extent and in such a manner as is necessary to determine the existence of defects. If the goods are intended for resale, the duty to examine and notify is postponed until the end user has taken the goods into use. The buyer is obliged to carry out the examination with professional care . The buyer only owes representative random samples in order to meet his incoming goods inspection obligations.
If loss or damage to the goods is externally recognizable and the recipient or sender does not notify the carrier of loss or damage at the latest when the goods are delivered, it is assumed, in accordance with Section 438 (1) of the German Commercial Code, that the goods have been delivered in full and undamaged . In the absence of any other agreement, the purchase item is also “delivered” when purchasing standard software if the seller has brought it into the buyer's sphere of control with the intention of performing, so that the buyer can examine it for defects.
In freight traffic, delivery is only the actual delivery of the freight to the intended recipient, not just notification of arrival at the place of delivery. The waybill must contain the place of delivery in accordance with Section 408, Paragraph 1, No. 4 of the German Commercial Code, the loading note contains the place of delivery like a waybill ( Section 444, Paragraph 1 of the German Commercial Code). In accordance with Section 444 (1) No. 9 of the German Commercial Code (HGB), the bill of lading contains the freight owed on delivery, costs incurred up to delivery and a note on the freight payment. The cargo is at delivery of the cargo to be paid ( § 420 , para. 1 HGB).
The period of limitation for claims for defects begins with the delivery ( Section 438 (2) BGB).
No delivery
A delivery is not available if the delivery is not fully done at a Holschuld was provided the goods by the seller and is not picked up by the buyer or at a Schick debt ( mail order purchase the goods at the seller the) transport companies was passed.
See also
Individual evidence
- ↑ BGH NJW 2000, 1415 , 1416
- ↑ Artur Teichmann, Commercial Law , 2013, § 377 Rn. 1103
- ↑ RG JW 1924, 814
- ↑ RG JW 1924, 814, 815
- ^ BGH NJW 1975, 2011, 2012
- ↑ BGH NJW 2000, 1415, 1416
- ↑ Artur Teichmann, Commercial Law , 2013, § 377 Rn. 1106
