ᐅ Repairing a Damaged Glass Door – Should You Report the Defect?
Created on: 28 Jul 2015 01:06
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D3N7S
Hello everyone!
We ordered a custom-sized glass sliding door (73cm by 210cm (29 inches by 83 inches)). The local dealer ordered it for us, and we picked it up on Friday and transported it carefully to our apartment, which is about 1.5 km (1 mile) away from the dealer. I was really looking forward to this door since it was supposed to be a little highlight in our renovated apartment... After transport, we carefully set it down. Naturally, I wanted to admire it (it was packed in a box). After unpacking, I noticed that the glass had three damages, and unfortunately, on the side that will be visible in the future! Very frustrating! Less than half an hour later, I was back at the dealer with photos as proof, but they postponed me to Monday because the management was not available. It’s Monday now, and I called; they transferred me to the manager who was understanding but tried to settle for a €50 (about $54) discount on a €600 (about $650) purchase price and suggested I claim the damages with my glass insurance in a few months... To me, that sounds like clear incitement to insurance fraud! I have now asked the manager to come to my place personally within the next few days to inspect the damage on site, although I suspect that won’t lead to much. By the way, I haven’t paid any money so far.
What would you do?
What cancellation or withdrawal rights do I have? (custom size)
Should I consult a lawyer regarding the incitement to insurance fraud?
We ordered a custom-sized glass sliding door (73cm by 210cm (29 inches by 83 inches)). The local dealer ordered it for us, and we picked it up on Friday and transported it carefully to our apartment, which is about 1.5 km (1 mile) away from the dealer. I was really looking forward to this door since it was supposed to be a little highlight in our renovated apartment... After transport, we carefully set it down. Naturally, I wanted to admire it (it was packed in a box). After unpacking, I noticed that the glass had three damages, and unfortunately, on the side that will be visible in the future! Very frustrating! Less than half an hour later, I was back at the dealer with photos as proof, but they postponed me to Monday because the management was not available. It’s Monday now, and I called; they transferred me to the manager who was understanding but tried to settle for a €50 (about $54) discount on a €600 (about $650) purchase price and suggested I claim the damages with my glass insurance in a few months... To me, that sounds like clear incitement to insurance fraud! I have now asked the manager to come to my place personally within the next few days to inspect the damage on site, although I suspect that won’t lead to much. By the way, I haven’t paid any money so far.
What would you do?
What cancellation or withdrawal rights do I have? (custom size)
Should I consult a lawyer regarding the incitement to insurance fraud?
Bauexperte schrieb:
I'm not sure if the OP was supposed to inspect when picking up the goodsNo, they are not required to.
Bauexperte schrieb:
Volker knows better how to answer that😉
Bauexperte schrieb:
For commercial customers, however, the risk transfer occurs as soon as the goods leave the seller’s premises.Exactly right, because these are usually not consumer goods purchases as defined by the regulations (unless the business buys for private use and this is clearly recognizable). 😉
There are no real disputed points here, only claims from sellers that the legal situation is different (which it is not). The law simply cannot cover every real-life situation, and certainly cannot define when a product actually has a defect.
In this case, it’s quite straightforward. The law states that the seller must prove the absence of defects within six months after the risk has transferred. It would be quite simple: a) open the box, b) check the panes, c) if the panes are fine, have the customer sign that the goods are okay, and d) reseal the box.
If the seller fails to do this (which they are allowed to), they run the risk that the goods might be returned damaged, possibly due to the customer’s mistake.
Unfair? No, this is just normal business risk. 😉
The seller will surely be aware of that as well. That’s why there is the “generous” offer of 50€, intended to brush off the original poster as quickly as possible.
And the other issue mentioned by the original poster may lead to a follow-up job for the tradesperson. From a business perspective, this is obviously clever; from the insurer’s point of view, it is, of course, fraud.
And the other issue mentioned by the original poster may lead to a follow-up job for the tradesperson. From a business perspective, this is obviously clever; from the insurer’s point of view, it is, of course, fraud.
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Username_wahl28 Jul 2015 18:54Insurance companies are not naive either and may ask how the incident supposedly occurred...
As of now:
I called the dealer, and he informed me that I can get a new glass door for €73 (in addition to the requested €600). More precisely, he contacted the manufacturer and arranged that the costs will be shared three ways (manufacturer, dealer, and customer, that is me). My share is €73, and I can keep the already delivered, damaged door while receiving the new one. I asked him for 2 days to consider the offer.
What do you think?
I called the dealer, and he informed me that I can get a new glass door for €73 (in addition to the requested €600). More precisely, he contacted the manufacturer and arranged that the costs will be shared three ways (manufacturer, dealer, and customer, that is me). My share is €73, and I can keep the already delivered, damaged door while receiving the new one. I asked him for 2 days to consider the offer.
What do you think?
Uwe82 schrieb:
What use is a damaged door? I would insist on a replacement and the delivery of flawless goods. And naturally, without any additional costs.
You should have realized from Volker’s posts that the seller is responsible.
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