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Practical Guide
My order is not arriving: what to do in case of delay?
The delay in delivery falls under the debtor's default (art. 102 et seq. CO). When a deadline is agreed upon (fixed date), the seller is in default by operation of law as soon as the deadline expires (art. 102 al. 2 CO). When no deadline is agreed upon, the creditor must serve a formal notice so that the…
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Applicable law articles
Critical Deadlines
- Statement of Delay — immediate
- Written formal notice — from the moment the delay is established (CO 102 / CO 107)
- Additional time granted — 7 to 30 days depending on the nature of the property
- Resolution of Contract and Reimbursement — immediately after expiry of the time limit (CO 107 / CO 109)
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