delivery time

The delivery time ( English delivery time ) is the period ( delivery period ) or date usually agreed in the delivery conditions by which the supplier must have made his delivery at the latest.

General

The delivery time mainly affects the production economy , but also the trade ( wholesale and retail trade , mail order business ). Production - and trading companies have often made the orders emanating orders and customer orders still producing or procuring for having the storage risks and capital commitment want to keep as low as possible. This can have an impact on the delivery time and the service level . Production therefore contributes to the realization of the formal goals ( productivity , profitability , profitability ) through the way it is carried out , while the practical goals consist of high and even capacity utilization , short lead times and high adherence to deadlines. The delivery time begins with the receipt of the order and ends when the buyer receives the goods .

Legal issues

The delivery time is an essential part of the contract in both the purchase and the work contract. Like the payment deadline , it is part of the performance time . If a service time is neither contractually determined nor can it be derived from the circumstances, the service must be provided immediately ( Section 271 (1) BGB ). In order to dispel doubts for the contracting parties , contracts should contain a specific mutual performance deadline. An agreed performance time is not a general business condition in the narrower sense. However, if it is not possible to agree an appropriate performance time, the statutory regulation applies in accordance with Section 306 (2) BGB. The supplier must therefore make the delivery if he can provide it at his reasonable discretion ( Section 315 (1) BGB). Delivery time clauses such as "prompt", "immediately" or "as soon as possible" are indefinite in time, but withstand the equity check according to § 307 BGB, "delivery time not binding" is according to § 307 para. 2 sentence 2 BGB in conjunction with 307 para. 3 Sentence 2 BGB ineffective .

As a rule, the consumer can expect that goods advertised by mail order business can be dispatched immediately if there is no unmistakable reference to the existence of a different delivery period. According to the judgment, goods without delivery times must be ready for dispatch immediately. If the retailer does not have the goods in stock without pointing this out, this is misleading the consumer in accordance with Section 5 (1) No. 1 UWG . If the agreed delivery time is exceeded, there is a service disruption. This also applies to delivery services (such as the pizza service ), which usually do not agree on a delivery time, but delivery can be expected between 30 and 45 minutes after ordering.

If compliance with a precisely defined performance time (fixed date or specific period ) is part of a contractual main performance obligation , there is a firm deal . The delivery time is thus a typical contractual characteristic of the fixed deal. The more precise the time specification in the contract, the more likely it is a firm deal.

On-time delivery

From the totality of all deliveries, the supplier can calculate the key figure for adherence to delivery dates :

${\displaystyle {\text{Termintreue}}={\frac {\text{Anzahl eingehaltener Termine}}{\text{Anzahl aller Termine}}}}$.

The higher the adherence to delivery dates, the higher a company's readiness to deliver , ability to deliver and delivery reliability .

Most companies are familiar with adherence to deadlines, as it is a key target for customer orientation and satisfaction . It is an essential criterion when evaluating suppliers .

economic aspects

High stocks and functioning logistics result in short delivery times, long throughput times (such as in plant engineering or in the construction industry ) lead to long delivery times. A high level of readiness to deliver, as with fast movers, results in short delivery times, and low rotation of goods usually results in longer delivery times.

A company's adherence to deadlines is influenced by many factors:

• Vocational training of employees,
• Equipping the workplaces with appropriate work equipment ,
• Vertical integration ,
• Lead time in production,
• Industry standard,
• Market developments such as fluctuations in demand ,
• Internal weak points such as operational disruptions , procurement problems with just-in-time production , sudden dismissal or illness of important employees.

Most of the factors hindering adherence to deadlines can be countered by suitable performance management . Coincidental operational disruptions can be covered by business interruption insurance. Commercial customers can secure themselves with a performance bond ( delivery bond , contract performance bond ).

For company management , adherence to deadlines is an important benchmark when determining performance . Adherence to deadlines is important from an economic point of view, because shortfalls lead to shortage costs and damage to reputation that is difficult to eliminate. Provided contractual penalties also increase the total costs . Usual clauses provide for a discount of up to five percent on the agreed purchase price if the supplier exceeds the deadline.

Legal consequences

The delivery time determines the due date of the delivery, which is the prerequisite for the delay in delivery. If the contractually agreed calendar delivery time is exceeded, the supplier is automatically in default of delivery ( Section 286 Paragraph 1 BGB), a reminder is not required (Section 286 Paragraph 2 No. 1 BGB). The delivery must still be possible (not an impossibility ) and also be catchable. The legal consequence is initially a reasonable grace period (maximum 14 days; Section 281 (1) BGB). If the delivery date was fixed according to the calendar, a grace period is not necessary (§ 286 Paragraph 2 No. 1 BGB). After the expiry of this period, the buyer, according to § 323 BGB from the contract withdraw and damages demand ( § 346 para. 4, § § 280 et seq. BGB, § 325 BGB) or delivery and possible damages (damages for delay according to §§ 280 para. 1 and 2 BGB in connection with § 286 BGB).

Exceeding the delivery date can also have contractual legal consequences in the form of a contractual penalty . The contracting parties can use Section 339 of the German Civil Code and Section 348 of the German Commercial Code for the purpose of agreeing contractual penalties for delayed delivery.

Individual evidence

1. ↑ Ulrich Brecht, Business Administration for Managers , 2005, p. 105
2. ↑ Christoph Schmitt / Detlef Ulmer, General Terms and Conditions and Contracts for Companies , 2010, p. 77
3. ↑ Christoph Schmitt / Detlef Ulmer, General Terms and Conditions and Contracts for Companies , 2010, p. 82
4. ↑ Christoph Schmitt / Detlef Ulmer, General Terms and Conditions and Contracts for Companies , 2010, p. 83
5. ^ BGH, judgment of April 7, 2005, Az .: I ZR 314/02 = BGH NJW 2005, 2229
6. ↑ Dirk Looschelders , Law of Obligations General Part , Vahlen, 10th edition, Munich 2012, § 35 Rn. 705
7. ↑ Roland Schwarze / Hansjörg Otto, in: Julius von Staudinger (greeting) / Manfred Löwisch (red.), Commentary on the German Civil Code , right to disrupt performance 2, revised 2009, § 323 B 100
8. ↑ Christiandeckebrock / Clemens Höpfner, Bürgerliches Vermögensrecht , 2015, p. 143
9. ↑ Susann Staats, Metrics for measuring the efficiency and effectiveness of configuration management and quality management processes , 2009, p. 122
10. ↑ Ulrich Brecht, Business Administration for Managers , 2005, p. 106
11. ^ Oskar Grün / Werner Jammernegg, Fundamentals of Procurement, Production and Logistics , Volume 1, 2009, p. 139
12. ↑ Christoph Schmitt / Detlef Ulmer, General Terms and Conditions and Contracts for Companies , 2010, p. 75

Please note the information on legal issues!