Hello,
I have a basic question regarding the legal side of things—maybe someone has some knowledge about this.
We are building a kit house: we will receive the shell from the house company and all the building services from a partner company. Last year, we signed a contract for a Viessmann heat pump, photovoltaic system with battery, and ventilation. We want to join the Viessmann community, which requires having three devices. Since we have a geothermal heat pump, it’s quite easy to use it for cooling the house as well. The additional component is integrated into the heat pump and costs about 1000€ (approximately 1100 USD) extra, and this part is exactly what the issue is about.
Our building services technician recently told us that since April 1st (01.04), Viessmann suddenly and without prior notice has changed its devices. That extra component can no longer be integrated into the heat pump for 1000€ (about 1100 USD), but is only available as an external unit for 3000€ (about 3300 USD) extra. Our technician then said that Waterkotte is the only manufacturer that still integrates that component into the heat pump at a fair price. At first, this didn’t bother me. He said he would install a Waterkotte heat pump for us, and we would still have three devices—ventilation, battery, photovoltaic system—to join the Viessmann community.
At home, however, I started thinking differently. First, I was told that Waterkotte has very poor service, which is why the company switched to Viessmann a few years ago. Second, all Viessmann devices are supposed to communicate with each other. So, I could control ventilation and heating from a single device without needing to adjust settings on two separate units.
Anyway, to make a long story short: What is the legal situation here? I signed a contract for a Viessmann heat pump with cooling, but that product no longer exists as such. If I want to stick with Viessmann, do I have to pay the 2000€ (about 2200 USD) difference myself, or is that the responsibility of the building services company?
I have a basic question regarding the legal side of things—maybe someone has some knowledge about this.
We are building a kit house: we will receive the shell from the house company and all the building services from a partner company. Last year, we signed a contract for a Viessmann heat pump, photovoltaic system with battery, and ventilation. We want to join the Viessmann community, which requires having three devices. Since we have a geothermal heat pump, it’s quite easy to use it for cooling the house as well. The additional component is integrated into the heat pump and costs about 1000€ (approximately 1100 USD) extra, and this part is exactly what the issue is about.
Our building services technician recently told us that since April 1st (01.04), Viessmann suddenly and without prior notice has changed its devices. That extra component can no longer be integrated into the heat pump for 1000€ (about 1100 USD), but is only available as an external unit for 3000€ (about 3300 USD) extra. Our technician then said that Waterkotte is the only manufacturer that still integrates that component into the heat pump at a fair price. At first, this didn’t bother me. He said he would install a Waterkotte heat pump for us, and we would still have three devices—ventilation, battery, photovoltaic system—to join the Viessmann community.
At home, however, I started thinking differently. First, I was told that Waterkotte has very poor service, which is why the company switched to Viessmann a few years ago. Second, all Viessmann devices are supposed to communicate with each other. So, I could control ventilation and heating from a single device without needing to adjust settings on two separate units.
Anyway, to make a long story short: What is the legal situation here? I signed a contract for a Viessmann heat pump with cooling, but that product no longer exists as such. If I want to stick with Viessmann, do I have to pay the 2000€ (about 2200 USD) difference myself, or is that the responsibility of the building services company?
Stadtvilla19 schrieb:
I’m not asking for anything extra, just what I signed for, which is a Viessmann unit with cooling, but without any additional cost or similar conditions.And how is the installer supposed to manage that if the unit no longer exists?aero2016 schrieb:
And how is the installer supposed to manage that if the part
is no longer available?He should procure the component and cover the additional cost himself.....I
Then you have a contract for work according to the Building Code or VOB (German Construction Contract Procedures), which should include them.
A stubborn person (I want, I want) always has a weaker negotiating position than someone who makes an offer to the other party, suggesting they are the winner in the situation, even if they are not. That is called diplomacy and negotiation strategy... you need to add the note about the electrical work yourself. Maybe @hampshire can give you a tip on that 🙂
Stadtvilla19 schrieb:
As I said, I don’t have general terms and conditions included; it is a service contract listing all the parts that are to be installed by us. There is no attachment with general terms and conditions, and there is no indication of them anywhere in the contract.
Then you have a contract for work according to the Building Code or VOB (German Construction Contract Procedures), which should include them.
Stadtvilla19 schrieb:
My concern is more about my negotiating position
A stubborn person (I want, I want) always has a weaker negotiating position than someone who makes an offer to the other party, suggesting they are the winner in the situation, even if they are not. That is called diplomacy and negotiation strategy... you need to add the note about the electrical work yourself. Maybe @hampshire can give you a tip on that 🙂
Snowy36 schrieb:
Get the component and he should pay the extra cost.....Oh God. I am appalled by this attitude.Nordlys schrieb:
Oh God. I am appalled by this attitude.No, you don’t need to. That was the response to the person who said the contract could no longer be fulfilled … but it can. Just not at the same price.H
HilfeHilfe1 May 2019 08:48Talk talk talk