Switzerland has no statutory payment period. If nothing has been agreed, a claim is due at once, and the purchase price on handover of the goods (Art. 75 and 213 CO). You are in default after a reminder. If a fixed due date has been agreed, you are in default from the day after it, even without a reminder.
In Germany you are in default at the latest 30 days after the due date and receipt of the invoice. If it is unclear when the invoice arrived, for anyone who is not a consumer the 30 days run from the due date and receipt of the goods.
The rules in Switzerland
The Code of Obligations has no general payment period. If nothing has been agreed, the creditor can demand payment at once (Art. 75 CO). In a sale, the price is due on handover of the goods (Art. 213 para. 1 CO). The 30 days that many invoices state are custom, not law.
Once an invoice is due, the debtor is in default after a reminder (formal demand) (Art. 102 para. 1 CO). If a specific due date was agreed, the debtor is in default as soon as that day has passed, without a reminder (Art. 102 para. 2 CO).
In default, default interest of 5% a year is owed, even if a lower rate was agreed in the contract. A higher contractual rate also applies during default (Art. 104 CO).
The rules in Germany
Whoever receives an invoice is in default at the latest 30 days after the due date and receipt of the invoice. For consumers this only applies if the invoice points it out. If it is unclear when the invoice arrived, a debtor who is not a consumer is in default at the latest 30 days after the due date and receipt of the goods (§ 286 para. 3 BGB).
An agreed payment period of more than 60 days after receipt of the goods is only effective if it was expressly agreed and is not grossly unfair to the creditor. If the invoice arrives after the goods, its receipt counts (§ 271a para. 1 BGB).
If the debtor is a public contracting authority, such as a state university, a period of more than 30 days is only effective if it was expressly agreed and is objectively justified. More than 60 days is then ineffective (§ 271a para. 2 BGB).
If no consumer is involved, the default interest on payment claims is nine percentage points above the base rate. In addition, the creditor can claim a flat fee of EUR 40 (§ 288 paras. 2 and 5 BGB).
These rules implement EU Directive 2011/7/EU on late payment. The other EU countries have implemented the same directive. The details differ from country to country.
Which law applies to an invoice is set out in the contract.
General information, not legal advice.
Sources
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