Clinker shows damage

I am not someone who hastily threatens with a lawyer ... but this time I am forced to do so, anything else would not make sense at the moment.

I will present the documentation to the lawyer, hoping that he can give a prognosis on the prospects. Afterwards, I would buy a different brick. Many types of bricks have very long delivery times. I have already had another reserved.

That could be premature. The dealer has two attempts to rectify.

That might be premature. The dealer has two attempts to remedy the defect.

14 days have passed since the defect was notified, and it is no longer possible to exchange the goods in terms of time because the clinker has to be produced again first.

You can not care how the distribution chain works. Your contracting partner has to take care of things. That is the one who invoiced you.

Is what you call an intermediary a building materials dealer? This structure is quite common.
Were the bricks made especially for you? If not, it may be that another building materials dealer has a few pallets of them. Then it would be a matter of procuring these at short notice.
Otherwise, you simply switch to another clinker.

You don’t have to care about how the distribution chain works. Your contractual partner has to sort things out. That is the one who sent you the invoice.

Is what you call an intermediary a building materials dealer? This structure is quite common.
Were the bricks made especially for you? If not, it is possible that another building materials dealer has a few pallets of them. Then it would be a matter of obtaining these at short notice.
Otherwise, you just switch to another clinker.

At first, I was told that the clinker would come out of the oven in 10 weeks, the next firing is uncertain, and if I can’t decide quickly, it could mean waiting 16 weeks instead of 10. We had looked at many clinkers before, but visually we liked this one best, so we agreed, I don’t know more. I think he said other customers also ordered this one.

The seller buys this clinker from the wholesaler, who in turn gets the clinker directly from the factory. At first, the seller didn’t tell me this; he said the goods are sourced directly from the manufacturer.

It is a well-known clinker seller, I can’t say more.

I had spoken with several window manufacturers beforehand to see if installation could take place earlier, the answer = 100% no, it’s about the warranty of the external seal, which is only granted when the windows are installed after the bricklaying.

When bricklaying the facade, a so-called stop is created, meaning the raw opening is slightly smaller on the outside than on the inside. During installation, the window is pushed from the inside against this overhang and the resulting gap between the window and the back of the brick is sealed with compressible tape. If the windows were installed first and then the bricks laid, there would be no way to properly seal this gap.

However, I also don’t see anything against temporarily closing the window openings initially. In case of doubt, you would probably even be accused of a failure to act under your duty to mitigate damage if this matter were to end up in court.

The seller buys this brick from the wholesaler, who in turn obtains the brick directly from the factory. At first, the seller didn't tell me this; he said that the goods are purchased directly from the manufacturer.

It is very likely that this is a so-called drop shipment. Your seller buys from the wholesaler, who arranges delivery directly from the factory to the construction site – so two parties profit from this without ever seeing the goods. Maybe the seller just expressed himself poorly in this regard.
Your contract partner and point of contact is, however, as has been mentioned several times, the seller – no matter what some phone operator says – and you should definitely stick to that.

The tip to inquire about stock items of this brick is good. Possibly ask the factory whether they can provide you with a list of (wholesale) dealers in your area who have obtained this brick in recent months.