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
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
S
Sebastian797 Jul 2016 08:34The problem is more about enforcing the law – getting upset like a little builder figure is always possible, but if the company doesn’t respond, you’re left standing there at first.
Try talking to them again about what exactly they want to exclude – a defect in the shower (the unit) itself is clear, but the connection cannot be excluded.
Try talking to them again about what exactly they want to exclude – a defect in the shower (the unit) itself is clear, but the connection cannot be excluded.
Maha1984 schrieb:
@Sebastian79: I think so too, but I’m just not sure whether it is legally allowed to exclude warranty with an announcement in the offer.A look at the law often makes legal decisions easier;
§ 639 German Construction Code Exclusion of Liability
A contractor cannot invoke an agreement that excludes or limits the client’s rights due to a defect, as far as the contractor has fraudulently concealed the defect or has given a guarantee for the condition of the work.
This means, conversely:
Without fraud or guarantee, an (individual) exclusion is possible.
Limit: general terms and conditions law (fine print, standard contract).
In my opinion, excluding warranty here is not reasonable, but legally it is possible. If you don’t want that, you would have to change the provider as a consequence.
H
HilfeHilfe7 Jul 2016 10:32Silly question, but is all this stress really worth it? What was the difference between plumbing and internet?
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