Verzug und Verspätungsschaden bei Produktneuentwicklungen

The automotive industry is a significant sector, especially in German-speaking countries. To meet the pressure for innovation, manufacturers often outsource development activities to their suppliers. This work focuses on the issue of delivery delays in product development specifically for the automotive industry. It explains the essential provisions of the Austrian Civil Code (ABGB) that apply to both non-fault and fault-based delivery delays. Additionally, the purchasing conditions of the client are often part of the contract and thus influence the dispositive regulations of the ABGB. Therefore, an overview of practically relevant clauses in the purchasing conditions of selected companies and their impacts is also provided, particularly regarding penalty clauses and lump-sum compensation. The aim of this work is to provide a guideline for development companies as well as for the client regarding the topic of delivery delays.