If a defective delivery occurs, action often needs to be taken quickly to prevent further damage. There is usually no time for a mutual preliminary clarification of responsibilities and competencies. It is therefore not uncommon for the customer to deploy personnel to remedy the defect—e.g., for quality inspection, sorting, reworking, or carrying out recalls—without first clarifying with the supplier whether the latter will bear the costs.
This often leads to discussions about who will bear the costs, especially if the customer demands reimbursement for the costs of its own personnel. This article outlines the legal situation and solutions for these conflict-prone situations.
In this whitepaper, Paul Dehner, Thorsten Deeg and Daniel Wuhrmann outlines the legal framework and possible solutions for these conflict-prone situations.
