Completely damaged roller shutter curtain

Hello everyone,

it just doesn’t end... Here I am again with defects :rolleyes _O Now it’s getting a bit complicated to explain everything. I hope I can make it understandable

We - as already mentioned in the last post - bought our windows through a private company that has them manufactured in Poland.
There we also ordered aluminum roller shutter slats (we were told back then that they are more robust and stable than plastic shutter slats - that’s why we chose them). Since we have a smart home and in Poland they apparently use different systems than here in Germany, the roller shutter motor was not usable, and our electrician took care of others. No big deal, however, because of this the roller shutter slats were not delivered in the roller shutter box, but packed in thin cardboard boxes (shutters rolled up - but without any other protection around them).
It was agreed beforehand that the electrician, in cooperation with a window company he normally works with, would install the roller shutter slats including the motor.

The Polish company laid the packaged roller shutter slats in the house at that time. Without any acceptance, so we couldn’t check whether they were okay or had defects. They then stayed there for a few weeks (work continued all around) until the window company commissioned by the electrician came and installed them. During the installation, the electrician called to say that 2 roller shutter slats had damage (he also sent photos showing dents and scratches). He installed them all anyway (he says he didn’t want us to have delays on the construction site again. But he now openly admits that it was stupid of him and he didn’t really think it through. He also admits that he made a mistake - that’s beyond question).

Now we come to the problem. The window company commissioned by the electrician says ALL the roller shutter slats were full of dents and scratches at the time of installation. You really can’t imagine how they look. It’s not just individual slats that are damaged, but the complete roller shutter slats scratched from top to bottom on some, dents over long surfaces.
The window company we contracted, the one that delivered them, says the electrician is to blame. These damages could never have happened during transport. Of course, extremely unfortunate in that moment because the damage was immediately reported to us as soon as the complaint from the electrician arrived on the day of installation, but they were still installed.

I later met with the electrician and the window company he commissioned and we talked.
It seems that the windows coming from this plant in Poland are of good quality (Veka and Winkhaus), but the window sills and roller shutter slats are rather awful. They have already had it on many construction sites that all aluminum shutters were completely dented and scratched like ours. That they themselves would not have installed the things, but continued to do so on the electrician’s instructions.

There was also a meeting between the two parties, unfortunately without success because our window company completely blocks.
They are also of the opinion that they are completely out of it, do not need to deal with or get involved in it anymore, even though there is currently just one statement against the other.

I have now set a deadline for both parties to clarify how things will proceed with this whole matter. We haven’t heard anything for some time because no one wants to take care of it.

Please just throw out your opinion on this ...

Best regards
Katja - who’s about to go crazy from all the damage in the house and the attempts to resolve it

You guys really got hit hard there.
First of all, the question is, what actually is a private company? Private or a real company? Headquartered here or in Poland or not even existing because it's private?

We also ordered aluminum roller shutter slats there (we were told back then that they are more robust and stable than plastic roller shutter slats – that’s also why we chose them). Since we have a smart home and in Poland apparently other systems are used than here in Germany, the roller shutter motor was therefore not usable

Mistake number 1. The Poles also install completely normal roller shutter motors. They basically have nothing to do with smart home at first. Unless they should be directly WLAN-capable motors – but you can also order those. The Poles just assemble parts more cheaply than the Germans.

In advance it was agreed that the electrician would then install the roller shutter slats including motor in cooperation with a window company he otherwise also works with.

Too many cooks spoil the broth. Buy from company 1, installation by companies 2 and 3...

The window company we commissioned, who delivered, says the electrician is to blame. These damages could never have occurred during transport. Of course very badly timed at that moment, because although the damage was forwarded by us immediately as the complaint from the electrician came to us on the day of installation, they were nonetheless installed.

That fits with your window thread. No one wants to have been responsible. Who should be liable? What evidence is there?

There was already a meeting between the two parties, unfortunately without success, because our window company is completely blocking.

As a window manufacturer I wouldn’t want to take that blame either. You order, he delivers and sometime later there’s a “the delivery suddenly became defective after a few weeks”.

Just throw your opinion out there please...

My opinion, even if you don’t want to hear it: Use the hopefully existing financial reserve to replace the roller shutters. I fear everything else will not work. Sorry

Wow, really stupid thing. My sincere condolences. This is really a messed-up situation. I think we certainly cannot provide legal advice here, but my opinion and assessment of the situation is that your problem now is probably that the question of fault cannot really be clarified. For the roller shutter manufacturer, the goods are accepted without complaint if no one reports any defects after two weeks. Although they were not your contact person, but the window installation company. How did it actually come about that the electrician installs the roller shutters, even though you ordered from the window company? Be that as it may, until the companies agree or one of them takes the blame, you will neither sell the house. Therefore, I would sit down with both of them again and suggest that the damage be split into thirds. So new roller shutters will be installed, and the costs for it are borne equally by everyone. The companies might agree to this because the risk otherwise exists that one of them would have to bear everything. And you have a small chance that you won't be left alone with the damages.

Let's start right from the beginning. Back then, we arranged our financing through a financial broker. He also collaborates with our architect on many other construction-related matters (involved in many construction sites besides the brokerage issue - please don't ask me exactly how). Then one of the financial brokers came up with the idea that since he comes from Poland, we could source the windows from Poland. His cousins work in the industry. So far, so good - we were foolish enough to go along with it. Hindsight is 20/20 - I wouldn't do it again. We just ordered the windows, and they were installed. The windows themselves are also really good quality - no question - except for some dents and scratches that were partly present on the foil or sometimes on the plastic frame. But all of that was documented immediately and will be repaired. Since we needed WiFi-enabled motors, those from Poland were not usable because they are not compatible with German systems. No, we definitely will not pay for this ourselves and shell out another 2000 euros for something we did not cause. I already understand that we won't get everything sorted out regarding damages caused by the structural work on the windows. But not for shutter slats that were installed defectively by a trade. The electrician already said he will hand the matter over to his lawyer to clarify it with our window manufacturer, so to speak. He knows he somehow has to sort it out - but he's not getting a move on.

Then one of the financial brokers came up with the idea that he comes from Poland and that the windows could be sourced from Poland. His cousins work in the industry.

So not a proper company, but a "just like that" order to Poland. Suing something in Poland will be difficult and expensive.

So far so good - we were so stupid and went along with it. In hindsight, you’re always wiser - I wouldn’t do it again.

No, you weren’t that stupid. It worked perfectly for us.

Since we needed WLAN-capable motors, those from Poland were unusable because they are not compatible with German systems.

Wouldn’t it have been easier to use suitable actuators?

No, in this matter we will definitely not pay ourselves and throw out 2000 euros again for something we did not cause.

But who has demonstrably caused the damage? That will exactly be your problem. In doubt, the Poles simply won’t be accessible anymore.

The electrician already said he will hand the matter over to his lawyer to clarify it with our window manufacturer, I’ll just say.

I doubt very much that the electrician will take legal action against the window manufacturers. What would he gain from it? Or are you suing him and he wants to recover the damage he has to pay from the window manufacturers?

The electrician owns up to his mistake of having installed the roller shutter slats that, as he says, were already defective. His concern is only that our window specialist immediately went on the offensive and there was no way to have a reasonable conversation with him. It’s currently a matter of one statement against another regarding how the damages occurred – installation (says our window specialist, who claims that the electrician’s window installers placed the roller shutter slats on the bare construction floor and dragged over them before installation) or during transport (says our electrician).