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
Hello
I have been trying for two weeks now to find an amicable solution with the supplier. He is not taking me seriously.
My proposal was that I pay to have the cover profiles shortened, and he would cover the cost of shortening the glass panels (about 450 euros including VAT). He avoided me, saying he was busy, asking me to call back in three hours, then not answering the phone, and so on.
On 28.07, I sent him a formal complaint by registered mail with return receipt requested. He refuses to accept the registered mail. It is now being held at the post office.
What should I do? Should I wait for the 14-day deadline I set and then resolve the issue on my own and charge him?
I am determined to recover the money, even if it takes two years in court.
How does the delivery work in this case? He refuses to accept the registered mail, but I cannot force him.
Steven
I have been trying for two weeks now to find an amicable solution with the supplier. He is not taking me seriously.
My proposal was that I pay to have the cover profiles shortened, and he would cover the cost of shortening the glass panels (about 450 euros including VAT). He avoided me, saying he was busy, asking me to call back in three hours, then not answering the phone, and so on.
On 28.07, I sent him a formal complaint by registered mail with return receipt requested. He refuses to accept the registered mail. It is now being held at the post office.
What should I do? Should I wait for the 14-day deadline I set and then resolve the issue on my own and charge him?
I am determined to recover the money, even if it takes two years in court.
How does the delivery work in this case? He refuses to accept the registered mail, but I cannot force him.
Steven
Courier who is aware of the contents of the letter. They will also confirm that the delivery was refused.
If the refusal of acceptance was unjustified, it is considered a constructive delivery.
An unjustified refusal would be when no payment is required and the sender is clearly identified.
A bailiff would, of course, be the most reliable option.
If the refusal of acceptance was unjustified, it is considered a constructive delivery.
An unjustified refusal would be when no payment is required and the sender is clearly identified.
A bailiff would, of course, be the most reliable option.
Either by fax with delivery confirmation.
Alternatively, by registered mail without return receipt (delivery to the mailbox is considered served). However, courts have also ruled that the letter could have been placed in the wrong mailbox slot or that an empty envelope might have been delivered.
If the company is not too far away, go there with a reliable witness who can see which letter is placed in the envelope, and then put the envelope in the mailbox. It might also help to document the whole process visually.
Alternatively, by registered mail without return receipt (delivery to the mailbox is considered served). However, courts have also ruled that the letter could have been placed in the wrong mailbox slot or that an empty envelope might have been delivered.
If the company is not too far away, go there with a reliable witness who can see which letter is placed in the envelope, and then put the envelope in the mailbox. It might also help to document the whole process visually.
Hello
Thank you for the advice.
I have read up on the subject.
Conclusion: Apart from a bailiff, there is no legally secure way to prove delivery.
And bailiffs are very busy. It can take several weeks for them to deliver the letter.
On Monday, I will send a registered letter with proof of delivery, go to the company in person, drop the letter in their mailbox, enter the business, and hand over the letter myself. I will keep my phone recording during this. Let’s see what happens. The worst they can do is throw me out. And that won’t be so easy.
Steven
Thank you for the advice.
I have read up on the subject.
Conclusion: Apart from a bailiff, there is no legally secure way to prove delivery.
And bailiffs are very busy. It can take several weeks for them to deliver the letter.
On Monday, I will send a registered letter with proof of delivery, go to the company in person, drop the letter in their mailbox, enter the business, and hand over the letter myself. I will keep my phone recording during this. Let’s see what happens. The worst they can do is throw me out. And that won’t be so easy.
Steven