Crack in window glass - defect rectification

Good day,

I have a question or rather need advice on the topic of defect rectification.

We bought a used property and received new windows with double glazing as part of the renovation work. We have now discovered a crack in the glass of one window. I informed the window installer by phone and requested defect rectification. After our calls were not answered, I also wrote a written notice of defect according to [VOB] and urged him to repair the defect within a period of 6 weeks, otherwise I would have the defect repaired by another company at his expense. The deadline has now expired and the window installer has not yet taken action nor even contacted me.

Do I now have to prove to the window installer that the defect falls within his responsibility before I hire a third company and charge him the costs?

This would probably only be possible through an expert report. By the way, the windows are 11 months old.

Thank you very much

Regards Willi

I find it difficult to complain about a crack in the glass 11 months after installation... What else was renovated afterwards?

Nothing more, apart from new wallpaper. The crack basically appeared "overnight," long after the renovation work. Possibly due to incorrect installation, material defects, or thermal influences, etc. But to assess that, I have already called in the specialist. Only if he does not respond....

Hello Willi,

Do I now have to prove to the window installer that the defect falls within his area of responsibility before I commission a third company and charge him the costs?

If the contract was concluded according to VOB: yes, keyword: reversal of the burden of proof.

Rhenish greetings

That's what I feared.

The expert report will probably cost me more than installing a new pane. Understandable that the window fitter is not responding.

Assuming the expert report states faulty installation and I have a new pane installed by a third company, charge the costs to the window fitter and get reimbursed. Is the window fitter then automatically released from their warranty obligation for this window? If so, what benefit do I have from a 4-year warranty?

How would you proceed best here?

Thank you for your answer

Willi

Try talking to the company again. Maybe a solution is possible. For example, you pay for the glass and they do the installation as a gesture of goodwill or something like that.