Volkswagen began delivering its electric ID.3 in September 2020. The first cars went to buyers in the ID.3 1st Mover Club. Some digital functions were not ready. App Connect, the link to Apple CarPlay and Android Auto, was not active. Nor was the far range of the head-up display. According to Der Spiegel, the module for updates over the mobile network was also missing. VW promised a software update for the two missing functions early the next year. The update would require at least one visit to a workshop. For this reason, VW waived the first three lease payments for these buyers.
When the Date Is Essential
If a German supplier delivers late, the customer usually cannot withdraw from the contract at once. He must first set a reasonable further period. Section 323 of the Civil Code makes an exception. No further period is needed if the contract fixed a date or a deadline, and the customer told the supplier before signing that delivery on time was essential to him. The same applies if the circumstances of the deal made the date essential. Lateness alone does not end a German contract. The parties must have made clear in advance that the date itself matters.
No Right to Deliver in Parts
Section 266 of the German Civil Code has one sentence. Der Schuldner ist zu Teilleistungen nicht berechtigt. The debtor is not entitled to perform in parts. Unless the parties have agreed otherwise, the creditor may refuse a partial delivery and wait for the whole. The starting point of German contract law is that what was agreed is delivered complete.
Late and complete
Lieber richtig als schnell — rather correct than fast.
Was lange währt, wird endlich gut — what takes long becomes good in the end.
Gründlichkeit geht vor Schnelligkeit — thoroughness before speed.
Pfusch am Bau — botched building work, the standard German phrase for what haste produces.
Four ordinary expressions, all approving delay and all naming the same alternative.
The further period
Where performance is late, a German creditor generally cannot simply withdraw from the contract. He must first set a reasonable further period and let it run — § 323 Abs. 1 BGB. The law builds a second chance into lateness. What is not tolerated is the failure that survives the second chance.
The date must be agreed, not imposed
That automatic default only applies where the date was fixed by contract, by statute or by court judgment. A payment deadline written unilaterally on an invoice does not count — the Federal Court of Justice has held that it is merely an offer of credit terms.
A deadline one party announced is not a deadline. It has to have been agreed.
No reminder needed when the date was agreed
German law normally requires the creditor to send a reminder before the debtor is formally in default. But where the parties have fixed a performance date by the calendar, no reminder is required at all — § 286 Abs. 2 Nr. 1 BGB. Default begins the moment the date passes.
The Latin maxim is quoted in German textbooks: dies interpellat pro homine — the day admonishes in place of the man.
A German who agreed a date does not expect to be chased, and the law agrees with him.
Aus einem Guss
Germans like to work on problems, whole, not half problems. Work results handed off to the next colleague or department should be complete results. The closer to complete, the greater the level of respect the Germans show.
Products and services aus einem Guss – from one mold – are near-perfect, durable, reliable, innovative, consistent, no surprises, do not require finishing off, polishing, rework. They are the result of individual work steps which flow together into a whole, an entirety. German politicians refer to their legislative proposals as coming aus einem Guss. German companies do the same, especially those who develop and produce complex, sophisticated products.
Church bell chimes are made from the same cast iron mold. Otherwise they don‘t sound right. When Germans say something is aus einem Guss – from one mold – they mean it has been well thought out and executed. It is the opposite of thrown, tied, glued, patched, bolted, copy and pasted, together.
Figures of speech: Etwas dem letzten Schliff geben. To give it that extra polish. Ohne Kratzer. Without a scratch. Das ist eine runde Sache. That is well-rounded, meaning good job. Etwas abrunden. To round something off, in the sense of complete it. Der Ball ist noch nicht rund. The ball is not yet round, meaning incomplete. Flickenteppich. Hodgepodge. Pfusch. Botched, fumbled, fudged. Zusammen geschustert. Cobbled together.
“What lasts long, ….”
Was lange währt, wird endlich gut – is a German play on words: what lasts long, will at last be good. If something takes time, even a long time, it will most likely turn out just right.
In the context of agreements having to wait a longer time for the deliverables of that agreement is worth it, worth the wait. Patience pays, pays off.
Geduld bringt Rosen – patience brings roses – or Rom wurde auch nicht an einem Tag erbaut – Rome wasn’t built in a day – or Steter Tropfen höhlt den Stein – steady drops of water hollow out the stone – are German figures of speech conveying the same message. Even if it takes a little longer, ….
“Communicate immediately!“
Germans expect to be informed immediately about any changes which impact the agreements they have entered into. From their perspective all agreements, large and small, involve interconnected activities among colleagues, including at times business partners and customers. A change in one area has immediate effect on the others, thus helping or hindering those colleagues in their work.
Although the majority of German work is based on time, they do not like to work on anything which will not be used. They expect to be informed as soon as possible about any changes to an agreement which affect their work. There is also the potential that they will suspect people of being political with important information. The sooner changes to an agreement are communicated to all parties, the better.
Figures of speech: Etwas ist zwecklos. Something is purpose-less. Ohne Sinn und Zweck. Without meaning and purpose. Für den Papierkorb arbeiten. Working for the trashcan.
Germans also strive to understand their work in the broader context, what impact their results have on those of other colleagues. They often say Alles hängt mit allem zusammen or everything is connected to everything else. If a colleague is on vacation, their tasks are divided up among a few other team members. Potential problems are discussed and prepared for beforehand. Responding to inquiries with the colleague is on vacation is a sign of incompetence and unprofessionalism.