confirmation of the order
.jpg)
According to DIN 69905 , the order confirmation ( AB for short ) is the "notification of the acceptance of an order ". Correctly it should mean that the order confirmation is the notification of the contractor to the client that he is entering into the agreed contract and will accordingly carry out the order under the agreed delivery and payment conditions .
The order confirmation is not a separate legal form under German law , but merely a form of declaration of intent that is customary in general business transactions, usually in writing . If the order confirmation deviates from the application or offer, the order confirmation is not to be understood as acceptance of a proposed contract, but rather as a rejection combined with a new contract offer ( counter offer ) by the negotiating partner ( Section 150 (2 ) BGB ). This can be the case, for example, if the order confirmation refers to the general terms and conditions of the entrepreneur , the price deviates or the specification of the goods is changed. A contract will only be concluded if the counter offer (usually the order ) is accepted unchanged and without delay.
If a consumer is silent on a changed order confirmation, no contract has been concluded.
A silence of a different order confirmation can also basically not in cases of commerce merchants are interpreted as tacit acceptance of the modified contract offer. However, like the counter-offer, an offer can be accepted implicitly under certain circumstances . A distinction must be made between the order confirmation and the so-called commercial confirmation letter , in which the silence of a businessman always counts as consent. In practice, the delimitation leads to considerable difficulties. The decisive factor is whether the letter should first bring about the contract (order letter) or stipulate the previous (e.g. verbal) contract negotiations.
An order confirmation must be given in the case of a modified order, an order that is too late and an order without a previous offer or in the case of a non-binding offer. Usually it is also given when ordering by telephone or for the first time in order to avoid misunderstandings.
When / why is an order confirmation used in business?
An order confirmation makes sense and purpose for a variety of reasons. It is mainly used:
- so that no misunderstandings arise. This is the main reason.
- after telephone / verbal transactions.
- if an offer has been made beforehand and there have been significant changes.
- so that explicit reference is made again to the general terms and conditions.
- to precisely define the delivery date. This is important if an approximate delivery time is specified in the offer beforehand.
