Liability for delayed delivery

Questioner

Good afternoon I placed an order online (and paid) on 28-8-17 and explicitly stated that the delivery day should take place on 2-9-17, this was agreed on condition that an additional surcharge for Saturday was paid (which I also paid). The reason for Saturday delivery is due to not having to take time off work. Now it suddenly turns out that it will not be delivered today and will automatically be moved to Monday and I will therefore be forced to take time off. Waiting another week (until next Saturday) is not an option due to private reasons, I did not order it so early for nothing. Can I hold the supplier and/or carriers liable for the costs I incur in connection with taking a day off? grt

Lawyer

Yes, because you have expressly agreed on a delivery term which has not been met without a valid reason for force majeure, you may claim consequential damages. perhaps you can negotiate about it.

Questioner

Good morning How can I best approach this? I assume a registered letter. But can I still point them to certain provisions in the law book? Grt

Lawyer

If necessary, I can draft and send an email for you to reinforce the case. (Consequential) damages may be claimed in the event of non-compliance, in this case omission 6:83 aBW. Then 6:84 BW stipulates the following: Any impossibility of performance arising during the debtor's default and not attributable to the creditor shall be imputed to the debtor; the latter shall be required to compensate the resulting damage, unless the creditor would have suffered the damage even if proper and timely performance had taken place.

Questioner

Good afternoon. Would you please send that email to me so that I can print it out and attach it if necessary? And how should I calculate the day off? Based on gross or net hours? Grt

Lawyer

Day off is a net loss of income for you. My proposal was not based on a free service. For information, please visit my website or contact me directly.

Questioner

Good morning. Thanks for the advice, I will try it myself first. If I can't figure it out I will definitely contact you. Grt