Hello
Let me start from the beginning:
Last March, I ordered and purchased a kit without glass for a patio roof. The roof is calculated, cut to size, and delivered.
I ordered the glass according to the measurements provided by the company supplying the profiles.
Due to work commitments, I was only recently able to start assembling the patio roof.
The project is almost finished. The glass needs to be installed, the crane is booked, I measure everything again and realize something is wrong. The glass is about 10cm (4 inches) too long. The covers that go over the glass at the end are also too long.
I call the profile supplier and we discuss everything. He is not very helpful.
After some time, it turns out that the rafters are only 2,774mm (109.1 inches) long instead of 2,877mm (113.3 inches). That accounts for the 10cm (4 inches). I ask for a proposed solution. He avoids the issue, mentioning something about the order being over a year ago and whether I checked measurements upon delivery.
I suggest that I shorten both the glass and the covers and that we somehow settle the costs with a future order. He continues to avoid the issue, saying he isn’t authorized to decide and that management is on vacation. Now I want to complete the patio roof. For this, I have to have the glass shortened as well as the covers. However, I suspect the supplier is trying to avoid responsibility and will reject any cost coverage for the correction (this concerns only about 300 to 400 euros). The error is clearly and provably the fault of the profile supplier.
What do you advise?
Steven
Let me start from the beginning:
Last March, I ordered and purchased a kit without glass for a patio roof. The roof is calculated, cut to size, and delivered.
I ordered the glass according to the measurements provided by the company supplying the profiles.
Due to work commitments, I was only recently able to start assembling the patio roof.
The project is almost finished. The glass needs to be installed, the crane is booked, I measure everything again and realize something is wrong. The glass is about 10cm (4 inches) too long. The covers that go over the glass at the end are also too long.
I call the profile supplier and we discuss everything. He is not very helpful.
After some time, it turns out that the rafters are only 2,774mm (109.1 inches) long instead of 2,877mm (113.3 inches). That accounts for the 10cm (4 inches). I ask for a proposed solution. He avoids the issue, mentioning something about the order being over a year ago and whether I checked measurements upon delivery.
I suggest that I shorten both the glass and the covers and that we somehow settle the costs with a future order. He continues to avoid the issue, saying he isn’t authorized to decide and that management is on vacation. Now I want to complete the patio roof. For this, I have to have the glass shortened as well as the covers. However, I suspect the supplier is trying to avoid responsibility and will reject any cost coverage for the correction (this concerns only about 300 to 400 euros). The error is clearly and provably the fault of the profile supplier.
What do you advise?
Steven
Well, in my opinion, the matter is far from clear-cut.
Visible defects must generally be reported immediately.
That means practically within a maximum of 14 days.
Of course, it makes sense to trust the supplier and order glass based on their measurements.
However, it would have been better to clearly double-check with a tape measure.
I have no idea how a court would decide here. How "obvious" is a 10cm (4 inches) discrepancy on profiles that are almost 5m (16 feet) long?
Visible defects must generally be reported immediately.
That means practically within a maximum of 14 days.
Of course, it makes sense to trust the supplier and order glass based on their measurements.
However, it would have been better to clearly double-check with a tape measure.
I have no idea how a court would decide here. How "obvious" is a 10cm (4 inches) discrepancy on profiles that are almost 5m (16 feet) long?
Our neighbor recently had a kit like that delivered from the truck to the site using a forklift. Everything was neatly shrink-wrapped in plastic inside a box about 4-5m long (13-16 feet).
I hardly think anyone would have noticed the 10 cm (4 inches) damage from the outside.
You would have had to unpack everything and then carefully repack it afterwards.
But do people do that if they don’t intend to start assembling right away?
The original poster didn’t even notice it during assembly. So the defect couldn’t have been that obvious.
I hardly think anyone would have noticed the 10 cm (4 inches) damage from the outside.
You would have had to unpack everything and then carefully repack it afterwards.
But do people do that if they don’t intend to start assembling right away?
The original poster didn’t even notice it during assembly. So the defect couldn’t have been that obvious.
Well, that’s clear.
On the other hand, the supplier can’t be blamed for the fact that the construction was only carried out after a year.
If something had been reported right away, they would probably have made corrections.
Whether the elapsed time now makes a decisive difference? I don’t know.
A court could also take the view that re-measuring was part of the required due diligence, especially considering the fact that the construction was not intended to start immediately.
On the other hand, the supplier can’t be blamed for the fact that the construction was only carried out after a year.
If something had been reported right away, they would probably have made corrections.
Whether the elapsed time now makes a decisive difference? I don’t know.
A court could also take the view that re-measuring was part of the required due diligence, especially considering the fact that the construction was not intended to start immediately.
T
T_im_Norden16 Jul 2020 15:41As a private buyer, you are not obliged to report defects immediately. This requirement applies only to business buyers. Since this concerns a material defect and not a malfunction, I would personally see the seller as responsible in this case, from a layperson’s perspective.
M
marko167317 Jul 2020 09:25Cutting laminated safety glass (VSG) by 10cm (4 inches) should not be a problem for any skilled glazier, especially since, based on your description, the cut edge is the short side.
marko1673 schrieb:
Cutting the laminated safety glass by 10cm (4 inches) should be no problem for any skilled glazier, Hello marko1673
I agree with you.
I have already contacted the company that supplied the glass. Picking it up, cutting it, and delivering it back is not a problem. I just want to pass these costs on to the profile supplier. And that’s where it gets difficult. They are initially uncooperative. As soon as they realize that reinstallation is no longer an option, they will likely offer to replace the wrong profiles with the correct ones.
It’s actually a shame. The quality and prices of this company are excellent. Only their customer service is terrible. With a bit more customer care, I would recommend them without hesitation.
The question is: can I claim the cost of cutting the glass from them? Removing and reinstalling would cost over 10,000 euros. Cutting the glass is between 300 and 400 euros.
Steven
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