ᐅ Is it possible to exclude warranty in a quote for time-and-materials work?

Created on: 6 Jul 2016 15:31
M
Maha1984
Hello everyone,

I ordered our rain shower from an online store, and the plumbing company hired by our developer is kindly installing this rain shower on an hourly basis (63€/h net).

Can the plumbing company actually exclude warranty and guarantee on their work in their offer? I understand that the company cannot provide warranty or guarantee on the material, but shouldn’t the plumbing company provide warranty for the plumbing installation? After all, the hot water pipes for the rain shower are supplied by the company. The installation has already been completed.

The offer included the following passage:

"Work on account
Installation – only the concealed parts – of the rain shower supplied by the builder and 2x shower systems
will be billed directly to the client based on hours worked!
For this work, the company Hozlinger assumes no warranty or guarantee!"


Thank you in advance!

Good luck, Manuel
L
Legurit
6 Jul 2016 21:45
What I mean is that your professional liability insurance probably won't cover any business you do on the side with the plumber... but I could be wrong.
M
Maha1984
6 Jul 2016 21:50
So the offer came directly from the plumbing company to me. It did not go through the general contractor. But can a specialist company carry out work without being liable for it?
B
Bauexperte
6 Jul 2016 21:53
Maha1984 schrieb:
So the offer came directly from the plumbing company to me. It didn’t go through the general contractor. But can a specialized company perform work without being liable for it?

Of course – you are deviating from the contractually agreed standard.

The plumber is liable for the rough installation as contractually agreed, but not for anything that could even remotely be related to the rain shower provided by the client. In the worst case, this will probably end up costing you more than the savings from supplying the rain shower yourself.

Regards, Bauexperte
H
HilfeHilfe
7 Jul 2016 07:41
It is always a highlight... that’s why we accepted the higher prices for materials.
S
Sebastian79
7 Jul 2016 08:13
This is – sorry – complete nonsense. The company responsible for the work must provide full warranty coverage – but only the plumbing contractor, not your general contractor.
M
Maha1984
7 Jul 2016 08:32
@Sebastian79: I think so too, but I'm just not sure if it is legally allowed to exclude the warranty by announcing it in the offer. Either I have no warranty for the work performed due to acceptance, or in this case, the warranty cannot be excluded according to the law. Logically, as a professional company, I can’t carry out work without being liable for it, can I?