DELAY AND LOST GOODS

A delay occurs when a product is not delivered at the agreed time, or if it is not delivered at all. A delay also exists if it has been agreed that the buyer must collect the item, but the buyer fails to do so.

IF YOU ARE THE BUYER

As a buyer of goods, you are entitled to receive the item at the agreed delivery time. If you do not receive the goods on time, or if they are not delivered at all, a delay has occurred.

In the event of a seller’s delay, you may have several legal remedies. You may be entitled to withhold payment, and as a buyer you can choose either to uphold the contract and demand delivery of the goods, or to cancel the purchase if the delay is material. In addition, you may be entitled to claim compensation for any loss suffered due to the delay, regardless of whether you choose to uphold or cancel the contract.

To preserve your legal rights, it is important to notify (complain to) the seller in due time. You must react if you wish to change the legal situation. This means that if delivery has not taken place and you wish to insist on performance, you must notify the seller. Likewise, if delivery has taken place but too late, and you wish to cancel the contract and/or claim compensation, you must also notify the seller.

At KROMANN Law Firm, we have extensive experience in contract and sales law, and we can therefore advise you if a product is delayed or does not arrive. We can guide you on your legal rights, assist in bringing claims against the seller, and handle all correspondence on your behalf. If the dispute cannot be resolved, we can also take the case to court.

IF YOU ARE THE SELLER

If you, as a seller, are faced with a claim due to delayed or missing delivery of goods, it may also be a good idea to involve a lawyer to handle the matter. In some cases, you may be exempt from liability, and the buyer may have lost the right to pursue a claim. It is therefore important to have experienced legal counsel on your side.

If the delay is caused by the buyer’s actions, this will also affect your liability. As a general rule, the buyer is not entitled to claim compensation if the delay is due to their own conduct. This may be the case, for example, if the parties agreed that the buyer would collect the goods but failed to do so. It may also apply if the buyer unjustifiably refused to accept delivery, or if the seller exercised a right of suspension due to non-payment.

At KROMANN Law Firm, we have extensive experience in sales law and can advise you if you are faced with claims from a buyer. If the delay is caused by the buyer, we can also guide you on your rights and obligations. We can also represent you in court if necessary.