Hello
Let me start from the beginning:
Last March, I ordered and purchased a kit without glass for a patio roof. The roof is calculated, cut to size, and delivered.
I ordered the glass according to the measurements provided by the company supplying the profiles.
Due to work commitments, I was only recently able to start assembling the patio roof.
The project is almost finished. The glass needs to be installed, the crane is booked, I measure everything again and realize something is wrong. The glass is about 10cm (4 inches) too long. The covers that go over the glass at the end are also too long.
I call the profile supplier and we discuss everything. He is not very helpful.
After some time, it turns out that the rafters are only 2,774mm (109.1 inches) long instead of 2,877mm (113.3 inches). That accounts for the 10cm (4 inches). I ask for a proposed solution. He avoids the issue, mentioning something about the order being over a year ago and whether I checked measurements upon delivery.
I suggest that I shorten both the glass and the covers and that we somehow settle the costs with a future order. He continues to avoid the issue, saying he isn’t authorized to decide and that management is on vacation. Now I want to complete the patio roof. For this, I have to have the glass shortened as well as the covers. However, I suspect the supplier is trying to avoid responsibility and will reject any cost coverage for the correction (this concerns only about 300 to 400 euros). The error is clearly and provably the fault of the profile supplier.
What do you advise?
Steven
Let me start from the beginning:
Last March, I ordered and purchased a kit without glass for a patio roof. The roof is calculated, cut to size, and delivered.
I ordered the glass according to the measurements provided by the company supplying the profiles.
Due to work commitments, I was only recently able to start assembling the patio roof.
The project is almost finished. The glass needs to be installed, the crane is booked, I measure everything again and realize something is wrong. The glass is about 10cm (4 inches) too long. The covers that go over the glass at the end are also too long.
I call the profile supplier and we discuss everything. He is not very helpful.
After some time, it turns out that the rafters are only 2,774mm (109.1 inches) long instead of 2,877mm (113.3 inches). That accounts for the 10cm (4 inches). I ask for a proposed solution. He avoids the issue, mentioning something about the order being over a year ago and whether I checked measurements upon delivery.
I suggest that I shorten both the glass and the covers and that we somehow settle the costs with a future order. He continues to avoid the issue, saying he isn’t authorized to decide and that management is on vacation. Now I want to complete the patio roof. For this, I have to have the glass shortened as well as the covers. However, I suspect the supplier is trying to avoid responsibility and will reject any cost coverage for the correction (this concerns only about 300 to 400 euros). The error is clearly and provably the fault of the profile supplier.
What do you advise?
Steven
B
borderpuschl15 Jul 2020 13:19Improvement: Laminated safety glass (VSG) is technically possible but no one will do it for you. Tempered safety glass (ESG) definitely cannot be used due to the thermal post-processing.
Musketier schrieb:
Are these standard dimensions for the roof area?Hello MusketierThe building kit is custom-made for each project.
Steven
Pinky0301 schrieb:
Is it still possible to claim defects after more than a year, or is there a deadline?Hello Pinky0301That is the question.
Steven
I am not a lawyer, but there is a minimum warranty period of 2 years, and for buildings, it is even 5 years. After six months, the burden of proof shifts, but the supplier can hardly avoid responsibility because of that. The buyer can demand that the contractor either remedy the defect or deliver a defect-free item. (§439 Building Code)
Only if the contractor refuses both or if the repair fails twice can the buyer withdraw from the contract or reduce the price (§440/§441 Building Code).
In general, a deadline for defect correction must be set first. The buyer does not have any other rights initially.
PS: Just as a note: This is not guaranteed to be accurate, as it is layman knowledge. For precise information, consult a lawyer.
Only if the contractor refuses both or if the repair fails twice can the buyer withdraw from the contract or reduce the price (§440/§441 Building Code).
In general, a deadline for defect correction must be set first. The buyer does not have any other rights initially.
PS: Just as a note: This is not guaranteed to be accurate, as it is layman knowledge. For precise information, consult a lawyer.