Fix purchase

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The fixed purchase is a special form of a sales contract under German law , in which the delivery of the goods must take place within a precisely specified period or on a specified date. If the seller does not provide the service within the set deadline, the buyer is entitled to withdraw from the purchase contract or to pay compensation in accordance with Section 376 of the German Commercial Code (HGB) . In the case of a commercial purchase, the buyer can only demand fulfillment after the deadline if he notifies the opponent immediately after the deadline that he insists on fulfillment (for example by sending a reminder ). If there is no commercial purchase, § 275 BGB ( impossibility ) applies to absolute firm deals and § 323 Para. 2 No. 2 BGB ( withdrawal ) applies to relative firm deals .