ᐅ Installed sanitary fixtures are defective—who is responsible?
Created on: 28 Jun 2024 16:16
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xvegaz_
Hello,
I hired a plumbing company to lay the pipes and then install the sanitary fixtures (toilet, washbasin, bathroom, etc.). We purchased the fixtures ourselves and agreed that the plumber would install them.
We ordered these online, and the plumber unpacked and installed them. During the final inspection, we noticed scratches that the plumber did not inform us about. He insists that he did not cause the damage.
We would like the plumbing company to replace them since they unpacked everything. Who is responsible for the liability in this case?
I hired a plumbing company to lay the pipes and then install the sanitary fixtures (toilet, washbasin, bathroom, etc.). We purchased the fixtures ourselves and agreed that the plumber would install them.
We ordered these online, and the plumber unpacked and installed them. During the final inspection, we noticed scratches that the plumber did not inform us about. He insists that he did not cause the damage.
We would like the plumbing company to replace them since they unpacked everything. Who is responsible for the liability in this case?
G
Gerddieter28 Jun 2024 21:48xvegaz_ schrieb:
Do you perhaps have any basis for this? Like a law or something similar?
But thanks anyway in general. What kind of law are you expecting here?
Your sink, your scratch!
It’s up to you to prove that someone else is responsible....
C
chand198628 Jun 2024 22:57xvegaz_ schrieb:
Do you maybe have a basis for this? Some kind of law or something similar?
But thanks in advance anyway.Um... what?YOU made the purchase. So YOU check the delivery.
Why would there be a law for that?
Well, there is the Building Code Sections 433 and following. However, the purchaser must identify any defect. Sorry to say this: you enter into a contract when you buy something (online). You should also read the terms and conditions, which are available in every common online shop. By the age of 16 at the latest, one should be familiar with the basic obligations of the purchasing process or at least have dealt with them. This also applies to those who use online shops. Of course, you don’t need to know everything, but much can be understood using common sense, even without reading the terms and conditions.
What about this regulation? Does it not apply here?
In principle, the warranty for materials provided by the client is initially the responsibility of the contractor. The VOB/B even contains an explicit regulation on this matter. According to § 13 Clause 3 VOB/B, the contractor is liable if a defect is due to the performance specification, the instructions of the client, the materials or components supplied or prescribed by the client, or the quality of the prior work of another contractor, unless the contractor has made the required notification according to § 4 No. 3 VOB/B.
This wording includes a rule on the burden of proof and clearly highlights the entire issue. Basically, the contractor is initially liable for everything. The contractor is only not liable if they have demonstrably raised concerns. They must then comply with § 4 No. 3 VOB/B, which states:
If the contractor has doubts about the proposed method of execution, the quality of the materials or components supplied by the client, or the work of other contractors, they must inform the client immediately—in writing and preferably before starting the work.
However, the client remains responsible for their information, instructions, and supplied materials. It is therefore especially important to register concerns in writing with a detailed description and to be able to prove that the notice was received (fax receipt—better by registered mail; even better by legally verifiable delivery).
Ideally, the notice of concern should be signed by the architect and the client.
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nordanney29 Jun 2024 00:14xvegaz_ schrieb:
What about this regulation? Does it not apply here?This refers to the VOB. However, the standard regulation for construction with consumers is the Building Code.... and it does not exempt you from inspecting deliveries you have ordered according to your quality standards, because
Scratches are not always obvious to everyone and are especially difficult to attribute if you have not verified the condition of your delivered goods. It could also be the case with minor scratches that you purchased the item at a reduced price and the scratches are in less visible areas.
xvegaz_ schrieb:
We noticed scratches during the handover,
Scratches are not always obvious to everyone and are especially difficult to attribute if you have not verified the condition of your delivered goods. It could also be the case with minor scratches that you purchased the item at a reduced price and the scratches are in less visible areas.
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