ᐅ Warranty coverage also includes heating system / air pump?
Created on: 28 Nov 2016 06:53
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HilfeHilfe
Hello, we moved in 2014. Last year, the heating system had occasional malfunctions until some new software was installed. OTHERWISE, the heating technician always said: try a "cold start," meaning turn off the circuit breaker and restart. This year the problem has started again, and now the heating is acting up once more. Does the 5-year warranty from the builder also cover the heating system installed by him? We paid the builder in full.
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HilfeHilfe5 Apr 2019 18:16Hello, I unfortunately have to dig up this thread again... The pump is broken once more. The same part again. Costs about 2,600€ (around $2,800). Back then, it was declared a material defect by the manufacturer. That was 2 years and 3 months ago. Let’s see if it goes as smoothly this time. A call to the builder resulted in the statement: it is excluded from any warranty. It says so in the contract. I quickly checked and couldn’t find anything about that. So now what? Should I report the damage in writing? The service technician is coming next week.
Hello,
You can completely forget about the developer. The heating system is part of the house and therefore covered by the warranty. They can exclude certain maintenance joints, but beyond that, no warranty exclusion applies.
The problem will be getting them to actually do something quickly. So first, report the damage in writing. But until then, you will have to do without heating.
Best regards,
Andreas
HilfeHilfe schrieb:
The developer stated: is excluded from any warranty. It’s written in the contract. I checked briefly and didn’t find anything about it. Now what? Should I report the damage in writing? Service will come next week.
You can completely forget about the developer. The heating system is part of the house and therefore covered by the warranty. They can exclude certain maintenance joints, but beyond that, no warranty exclusion applies.
The problem will be getting them to actually do something quickly. So first, report the damage in writing. But until then, you will have to do without heating.
Best regards,
Andreas
Building Code Contract?
According to case law, subsequent repairs are considered an acknowledgment under Section 212 of the Building Code ("...or acknowledges otherwise") of the warranty obligation, unless the contractor clearly or explicitly acted only out of goodwill, and therefore not in recognition that the previous work was indeed faulty. As always, this depends on the circumstances of the individual case.
Consequence:
The warranty period starts again (from the previous repair)!
An additional 5 years on top,
According to case law, subsequent repairs are considered an acknowledgment under Section 212 of the Building Code ("...or acknowledges otherwise") of the warranty obligation, unless the contractor clearly or explicitly acted only out of goodwill, and therefore not in recognition that the previous work was indeed faulty. As always, this depends on the circumstances of the individual case.
Consequence:
The warranty period starts again (from the previous repair)!
An additional 5 years on top,
H
hampshire5 Apr 2019 18:56HilfeHilfe schrieb:
Hello, unfortunately I have to dig up this thread ... pump broken again. (Text shortened). Service technician is coming next week Hopefully not the installation service for the Monday pump. Good luck, it shouldn’t cost you anything.H
HilfeHilfe12 Apr 2019 21:03The drama continues. According to the plumber, the manufacturer does not cover the repeated damage. The building contractor says it’s not their problem and still believes the heating system is excluded. The plumber is waiting. We are not getting a cause or error analysis, only that it will cost €2,500 (about $2,700). Legal protection insurance says there is no coverage because it is a construction risk and not covered. So now good advice is expensive. Either go to a lawyer and take it all the way with an uncertain outcome or reach a settlement.
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HilfeHilfe6 Jun 2019 22:48It went back and forth for us. Reduced by 3000–2000€ (about 3200–2100 USD). We had the factory service come out. 500€ (about 530 USD).
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