Complain at Once, or It Counts as Accepted

Under § 377 of the German Commercial Code, a business that buys goods from another business must inspect them without delay after delivery. If a defect shows, it must notify the seller without delay. If it does not, the goods count as approved, unless the defect could not have been found on inspection. For a company, this means incoming deliveries must be checked right away. The same principle appears in other areas of law. A company bidding for a public contract that recognizes a violation of the rules must complain to the contracting authority within ten calendar days, or it loses the right to a review. In a civil trial, a party that knew of a procedural error and did not object in time can no longer raise it.

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