Abnahme

Abnahme is a term used in German-speaking countries to denote the formal acceptance of a delivered good or service by the recipient. It marks the moment when the provider’s performance is deemed complete under the contract and triggers several legal and commercial consequences, such as the transfer of risk and the start of warranty obligations.

In German civil law the concept is central to works and delivery contracts. The relevant rules are found in the Bürgerliches Gesetzbuch (BGB), notably for works and services under § 640. The Abnahme occurs when the customer declares that the work has been provided in accordance with the contract, or when the work is used in a way that implies acceptance. Abnahme can be explicit or tacit, and can also be partial (Teilabnahme) in staged projects.

The process typically involves a formal or informal inspection and testing, followed by an Abnahmeerklärung (declaration of acceptance). Tacit Abnahme is possible if the buyer uses the deliverable for a period without timely objection after inspection. The contract may specify conditions or standards that must be met for Abnahme to occur.

Consequences of Abnahme include transfer of risk from the supplier to the buyer, and the start of warranty periods and limitation periods for defect claims. If defects are found, the buyer may lodge a Mängelrüge (defect notice) and seek remedies under Gewährleistungsrecht; Abnahme does not preclude later notices of defects that qualify under statutory warranties.

In practice, Abnahme appears in construction, procurement, and software projects. It can be a formal sign-off after inspections or testing, or a tacit acceptance through continued use, and it may be staged through partial Abnahmen or conditional acceptance agreements.