What obligations do I have as a contracting party?
March 3, 2023 | 40,00 EUR | answered by Gertrud Knorr
Dear lawyer,
I am reaching out to you because as a layperson in contract law, I am unsure of what obligations I have as a contracting party. I recently entered into a contract for the delivery of a product. Unfortunately, there were issues with the delivery as the product arrived damaged. Now I am wondering what duties I have as a contracting party in this situation.
My contract partner has informed me that I must still accept the goods, as the buyer, I bear the risk. However, since I cannot use the damaged product, I am concerned about how to proceed in this situation. Do I have the obligation to accept the goods even though they are defective? Or do I have the right to refuse acceptance and request a replacement delivery?
Furthermore, I am unsure if I am obligated as a contracting party to inform the contract partner of the defect and set a deadline for rectification. I do not want to make any legal errors and would therefore like to know from you what steps I should take to protect my rights as a contracting party.
I would greatly appreciate your assistance in this matter and would be grateful if you could guide me through possible solutions. Thank you in advance.
Sincerely,
Otto Klein
Dear Mr. Klein,
Thank you for your inquiry regarding your uncertainties in contract law, especially regarding the obligations of a contracting party in case of problems with the delivery of a product. It is understandable that you are unsure in this situation and want to inform yourself about your rights and obligations.
First of all, it is important to know that in German contract law, the provisions of the Civil Code (BGB) apply. According to § 433 BGB, the seller is obliged to hand over the purchased item to the buyer and transfer ownership of the item. On the other hand, the buyer has the obligation to pay the purchase price and accept the purchased item.
In your case, where the delivered product arrived damaged at your place, the question arises whether you, as the buyer, are obliged to accept the goods even if they are defective. According to § 377 BGB, you are generally obliged to accept the goods, even if they are defective. However, you have the right to refuse acceptance if the goods have significant defects that make them unusable or if the risk has not yet passed to you.
If you refuse acceptance, you have the right to remedy under § 439 BGB. This means that you can request a replacement delivery from the seller or insist on rectification of defects. However, before taking steps towards remedying, you should inform the seller of the defect and set a reasonable deadline for rectification. Only if the seller does not respond within this deadline or if the rectification fails, can you withdraw from the contract, reduce the purchase price, or claim damages.
Overall, it is important that as a contracting party, you know and actively use your rights to protect your interests. In case of problems with the delivery of a product, do not hesitate to inform your contracting partner about the defects and, if necessary, insist on remedying.
I hope that this information has been helpful to you and I am available for further questions.
Best regards,
Gertrud Knorr
