Purchase price claim: goods delivered, payment open

When goods have been delivered and payment is missing, a purchase price claim can look straightforward. Enforcement still depends on the contract, delivery, due date, open balance and the debtor’s response fitting together.

Section 1062 ABGB generally requires the buyer to pay the agreed purchase price and accept the purchased item. The rule does not answer every timing question. The contract, invoice and actual sequence must show when the claim became due and what was delivered.

This article explains how creditors can organise a purchase price claim before a reminder, lawsuit or settlement. It focuses on the documents and distinctions that make the next step reviewable.

Which agreement creates the purchase price claim?

The first question is who made the purchase contract with whom and for which goods. The order, confirmation, general terms and later amendments should identify the same subject matter. For companies, the correct legal entity, representation and billing address also need checking.

Section 1062 ABGB describes payment of the purchase price as a central buyer obligation. It does not replace a review of the actual agreement. Retention of title, an agreed discount, part-payment or a right to withhold performance can affect the amount and timing of the payment.

For a reciprocal contract, Section 1052 ABGB may matter when asking whether performance may be withheld until the counter-performance is provided. After delivery, the review usually turns on the agreed due date, conformity of the goods and the buyer’s specific objections. These issues should remain distinct from the total invoice balance.

How can delivery and performance be evidenced?

Delivery should be supported by a traceable chain: order, confirmation, dispatch or handover record, delivery note, acceptance and invoice. Where there are several deliveries, each partial delivery needs its own allocation. Serial numbers, quantities, delivery address and contact person can be decisive.

If the debtor denies receipt, the order or the quantity, an invoice alone will often not settle the issue. Preserve transport data, emails, messages, photographs and complaints as well. For online orders, the original order content and its allocation to the correct customer matter more than a later balance export.

The contribution Service delivered, payment open covers the distinction from service and acceptance disputes. A goods claim keeps the focus on the sale, handover and exact outstanding price.

When does the purchase price claim become due?

Due date is determined first by the agreed payment term. Check when the period starts, how receipt of the invoice is treated, whether a billing cycle was agreed and whether payment was subject to a condition. An invoice can state the balance without creating a contractual due date by itself.

The beginning of default depends on due date, agreement and the requirements of Section 1334 ABGB. A calendar date can have a different effect from a general reference to payment on an invoice. The contract, payment history and correspondence should therefore be compared before default is asserted.

Section 1333 ABGB provides the framework for statutory default interest and, under its conditions, further loss. In business transactions, Section 456 UGB may provide a special statutory interest rule. Consumer involvement, contractual deviations and disputed ancillary claims require separate review. Do not state an interest rate without checking the transaction, due date and period.

How should the balance and objections be separated?

A reliable statement lists each invoice, part-payment, credit, cancellation and payment with its value date. In an ongoing business relationship, earlier balances and the stated purpose of transfers should also be checked. This separates principal from interest and possible costs.

Defects, wrong delivery, delay, missing quantities, set-off or an alleged right to withhold performance can change enforcement. Record each objection in its wording, date and supporting evidence. A general response to a general denial rarely advances the review.

The undisputed part may have a different economic route from the disputed part. Whether to demand part-payment, propose a settlement or bring the full claim depends on the contract, evidence and litigation risk. The related contribution Disputed claim addresses this step in more detail.

What follows after reviewing the purchase price claim?

A measured demand should identify the contract, delivery, due date, outstanding principal and requested payment date. Existing objections should be addressed. A threat cannot replace evidence or an enforceable title.

Before a lawsuit, review the claim, jurisdiction, limitation, debtor details and cost risk. Litigation may fit where the claim is due and provable. A genuine dispute about performance or counter-performance may require a different preparation.

Enforcement requires a suitable enforceable title. A demand letter or invoice is not such a title. Where a title already exists, titled amounts, later payments and the current balance must be reconciled separately. The contribution Enforcement application, claim, title and attachments explains that distinction.

Purchase price claim after delivery