Clinker shows damage

However, your contractual partner and contact person, as has been mentioned here several times, is the seller – no matter what some telephone lady says – and you should definitely stick to that.

The tip to inquire about stock items of this clinker is good. Maybe ask the factory if they can give you a list of (wholesale) dealers in your area who have purchased this clinker in recent months.

- I have now learned that complaints have repeatedly not been handled correctly by the seller.
- Contact person or not, he just refuses to make contact (nothing has even happened or anything, meaning the previous conversations were without disputes or the like).
- There are still about 10 pallets of mine at the factory, which were originally supposed to be delivered in the second batch; these were supposedly checked and are said to be fine. The remaining pallets at my place have not yet been checked. Even if the 4 pallets at my place are exchanged, the subsequent delivery will still be delayed; according to the field salesperson, it is not possible in the near term.
- The stone is not stock merchandise; it was produced after customer order.

One of the field staff gave me the tip that the processor can start already. I refused this before being told that the remaining pallets are not damaged, then a few pallets could be fine and then damages occur again. He then saw it that way too.

- I have now learned that multiple complaints have not been handled correctly by the seller - Contact person or not, he simply refuses to make contact (nothing even happened or anything, so the previous conversations were without disputes or the like)

The problem is that you do not initially have any rights to rectification etc. against intermediaries or manufacturers. You have concluded a contract with the seller; the seller does not have to accept anything you arrange now with the manufacturer or intermediary.

The problem is that you initially have no rights to subsequent performance etc. against intermediaries or manufacturers. You have concluded a contract with the seller; nothing you arrange now with the manufacturer or intermediary has to be accepted by the seller.

The seller was always informed by the intermediary about the status; as mentioned, it was not possible to make contact. Therefore, for me the deadline has expired; the seller could have long since rectified the damage, meaning he at least had time to do so. In addition, I was previously informed that the intermediary has now taken over the matter (this was communicated to me directly by them), and now suddenly I am told to contact the seller again after I sent them a letter with a deadline. They knew from the beginning that this was a possible complaint.

Update:
The seller refused both replacement and refund, and the manufacturer and the intermediary supposedly told him that there is no defect. The field service has verbally confirmed to me several times that some pallets are defective; this should also have been communicated to the seller.

The seller based his argument on "DIN 105," according to which there is no defect.

I had to decide quickly, either accept and use this stone as is or hire an expert to provide counter-evidence.

The decision was: expert.

He was able to come on short notice.

Result from the expert:

- many stones show defects and are therefore not suitable for the facade
- I did not receive clinker, but a facing brick = an outrage

We have now informed the seller in writing through our lawyer that we will withdraw from the purchase contract; of course, the expert’s written report was also attached.

We have now purchased a different stone.

Pictures to follow .....

Hello everyone,

next update: The seller ignored the last letter.

Consequence: Legal proceedings will be initiated

My idea was to additionally file a criminal complaint for fraud, since something different was sold to me (instead of clinker, I was sold a facing brick).
It costs a bit through my lawyer, the processing is faster than through the police, but with them it is free.
My lawyer did not recommend this step to me, as it might not be possible to prove that it was done intentionally.
I saw it differently, because as a seller you have to know what you are selling, otherwise every fraudster could say they didn’t know, moreover, he was warned by us beforehand and still no reaction.

My lawyer could understand me then.

Hope: more pressure on the seller

Concerns: a criminal complaint cannot be withdrawn and the seller could then completely obstruct, meaning the willingness to find a joint solution might disappear, under the motto; tit for tat.
But I have to say that the seller never looked for a solution, he considered everything "normal".

What do you think about it?

Regards