German purchasing departments measure their suppliers by Liefertreue, delivery fidelity. The business glossary Welt der BWL gives the formula: orders delivered on schedule divided by all orders. A delivery counts as on schedule only if it comes nicht verspätet oder verfrüht, neither late nor early. Liefertreue can also decide supplier awards. In 2013 the machine builder Zahoransky gave its Business Partner Award to suppliers that had proved especially reliable, insbesondere hinsichtlich Qualität, Liefertreue, Innovationskraft und Preisverhalten, especially in quality, delivery fidelity, innovation and pricing.
Marked as Not Binding
Every German shopper knows the letters UVP on a price tag: unverbindliche Preisempfehlung, the manufacturer’s non-binding recommended price. A shop may compare its own price with a higher manufacturer’s price only if that price is clearly labeled in this way. Vaguer terms such as list price are not allowed for this comparison, because they are ambiguous. Everyday German marks other figures in the same way. Lottery numbers come with Angaben ohne Gewähr, information without guarantee. Offers say freibleibend or Änderungen vorbehalten, subject to change. Section 145 of the Civil Code explains why such markers matter. Whoever offers a contract is bound by the offer, unless he has excluded being bound.
Bound Until a Named Day
In a German public construction tender, a bidder’s price is binding for a set period, the Bindefrist. Section 10 of the VOB/A, the tender rules, says the client sets a reasonable period during which bidders are bound to their offers. A period longer than 30 calendar days should be set only in justified cases. Das Ende der Bindefrist ist durch Angabe des Kalendertages zu bezeichnen. The end of the period must be named as a calendar day. During it, the bidder may not withdraw. The duty also runs the other way. The award must reach the bidder before the period ends.
When the Date Is the Deal
German commercial law knows the Fixgeschäft, a deal in which the date is essential. Section 376 of the Commercial Code covers sales between merchants where delivery must happen genau zu einer festbestimmten Zeit, exactly at a fixed time. If the date passes, the buyer may withdraw. A buyer who still wants the goods must say so at once. Erfüllung kann er nur beanspruchen, wenn er sofort nach dem Ablaufe der Zeit … dem Gegner anzeigt, daß er auf Erfüllung bestehe. He can demand delivery only if he tells the other side immediately after the date that he insists on it. Lawyers give everyday examples: a wedding cake, or 100 bouquets ordered for a wedding on Saturday at 2 p.m.
Goodwill
Next to the formal warranty, German has a word for what lies outside it: Kulanz, goodwill. The automobile club ADAC explains that after the warranty ends, a manufacturer sometimes shares the cost of a repair out of goodwill. Das ist eine freiwillige Leistung, rechtlich ist er dazu nicht verpflichtet. It is a voluntary act, and the manufacturer has no legal duty. Many manufacturers refuse if the car was not serviced without gaps in their own authorized workshops.
Script Acceptance in Public Television
German public broadcasters formally accept the productions they commission. In 2016 the courts of audit of the states served by MDR, the public broadcaster for central Germany, examined its commissioned productions. Thuringia’s court led the audit. They found that MDR had accepted the script in every case they examined before the cost negotiations. The production contracts ran bis zur Endabnahme durch den MDR, until the final acceptance by MDR. The auditors noted a consequence. In one production, the script acceptance and production release in March 2013 had bound MDR legally to the producer.
How to Object
German official decisions end with a Rechtsbehelfsbelehrung, a notice on how to object. A typical one reads: Gegen diese Entscheidung ist der Widerspruch gegeben, der innerhalb eines Monats bei der Stadt Rottenburg am Neckar … An objection to this decision may be filed within one month with the town of Rottenburg am Neckar, followed by the address and the form. The deadline starts only if the person was told in writing where and by when to object. If the notice is missing or wrong, the one-month period becomes one year.
Change Management by Design
Since 2005 the V-Modell XT has been the standard process model of the German federal government for developing and buying IT systems. Its core has only four modules that every project must use: project management, quality assurance, configuration management, and Problem- und Änderungsmanagement, problem and change management. A project that leaves out any of the four does not comply with the model.
State IT Contracts
German federal authorities buy IT under the EVB-IT, standard contract terms published by the Federal Interior Ministry. They are binding for federal authorities. The EVB-IT system contract provides a Funktionsprüfung, a function test, before acceptance. Unless agreed otherwise, it lasts 30 days. Defects fall into three named classes. A betriebsverhindernder Mangel prevents operation. A betriebsbehindernder Mangel hinders operation. A leichter Mangel is a minor defect. Requests for changes are handled under their own clause.
Damage After a Move
After a household move in Germany, the Commercial Code sets hard deadlines. Visible damage must be reported to the removal firm spätestens am Tag nach der Ablieferung, at the latest on the day after delivery. Hidden damage must be reported within fourteen days. Otherwise the claim lapses. A typical liability notice from a removal firm adds: Pauschale Schadensanzeigen genügen in keinem Fall. General damage reports are never enough. Each damage must be specified.