Here I am again:
The windows are installed. Unfortunately, there were issues such as the attached glass damage, which cannot be photographed clearly with my mobile phone camera once installed, as the image always becomes blurry (glass is difficult to photograph).
This blemish is clearly visible from both inside and outside at a distance of 2 meters (6.5 feet). Do I really have to accept this according to regulations and case law? At least that is the information provided by the representative of the window supplier regarding acceptance.
If so, I would find that unfortunate, as I would then have to purchase a new pane at my own expense... 🙁.
Thanks and best regards
The windows are installed. Unfortunately, there were issues such as the attached glass damage, which cannot be photographed clearly with my mobile phone camera once installed, as the image always becomes blurry (glass is difficult to photograph).
This blemish is clearly visible from both inside and outside at a distance of 2 meters (6.5 feet). Do I really have to accept this according to regulations and case law? At least that is the information provided by the representative of the window supplier regarding acceptance.
If so, I would find that unfortunate, as I would then have to purchase a new pane at my own expense... 🙁.
Thanks and best regards
B
Bieber081519 May 2016 07:19Payday schrieb:
Complain in writing and pay only a partial amount. And set a deadline! INAL
M
MeisterBob19 May 2016 07:58Hi, we had the same issue. A 3 cm (1.2 inches) long scratch on the middle pane of the triple glazing and a sand grain in another spot. Both are allowed... we were shown the manufacturer’s guidelines which state that scratches up to 3 cm (1.2 inches) are acceptable and embedded sand grains are not considered defects.
No one else seems to notice it except us, but we always check because we know where it is... frustrating, but replacing the glass (which might again have these permitted "flaws") is too expensive for us.
No one else seems to notice it except us, but we always check because we know where it is... frustrating, but replacing the glass (which might again have these permitted "flaws") is too expensive for us.
As mentioned, as long as payment hasn’t been made, you hold the stronger position. If you don’t pay, they have to take legal action to recover the money. Then it will be decided by a judge whether the window really needs to be accepted. Companies don’t want that, so they prefer to replace it instead.
Any guidelines from various companies are unreliable and often not legally binding.
Any guidelines from various companies are unreliable and often not legally binding.
C
Caspar202019 May 2016 09:36MeisterBob schrieb:
Hi, we had that too. A 3 cm (1.2 inch) long scratch on the middle pane of the triple glazing and a sand grain somewhere else.Sand grains are something different. They are also permitted according to the "Guidelines for Glass Quality in Construction."
For the scratch, it depends on its location (whether it is in the edge area or on the surface) and whether it is a scratch or a hairline scratch.
Earlier, Bauexperte posted an excerpt from this guideline https://www.hausbau-forum.de/threads/glasschaden-in-der-form-zulässig.15727/page-2#post-133437
Bauexperte schrieb:
Also an argument ... with a contract under the VOB, but not a very strong one 😉
Regards, Bauexperte Why?
For your information: the case is being handled by a contracted architect. This means everything is proceeding properly. I was mainly interested in practical experience with such defects and any relevant case law that might be known. Overall, it should be clear that the company can only resolve this issue by properly repairing the damage. Anything else will cost more money in the long run and harm the company’s reputation. It is also questionable whether the architect will award further contracts to this company.
Bauexperte schrieb:
§ 13 VOB/B (1) The contractor must deliver their service to the client free of defects at the time of acceptance.
At EUR 5,000, I can’t imagine that the window trade would be fully settled with this amount (if I am wrong, I apologize). That means it is probably a partial payment and not a final payment; you may reduce it, but not withhold it completely.
I see this as by far the better leverage 😉
Regards, Bauexperte It is the final payment. There are also additional defects, which is why this amount was withheld in consultation with the architect.
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