Installer installs wrong heating system, offer vs order confirmation

  • Erstellt am 2023-09-09 21:34:08

leschaf

2023-09-09 21:34:08
  • #1
Hello everyone,

we are currently renovating a house and in this context are having the entire water installation including heating etc. newly installed by a small company.

We had some back and forth about which radiators to choose and ultimately decided on radiators with a flat surface (Model X). We gave the approval for this at the end of May (signed offer with exclusively Model X).

At the end of June, we then had the hydraulic balancing done externally. For this, we requested and also received the order confirmation for the radiators from the installer.

Now the installer has installed the first radiators, and of course they are different from those in the offer (Model Y). On the order confirmation (which we, trusting that “he had already ordered the correct ones,” did not check again but forwarded unseen) it says Model Y.

The installer now naturally takes the position that he sent the order confirmation and we should have reacted. He also claims that at the end of June on the construction site we told him that Model Y was also okay – which is simply not true (hopefully he is just confusing something and not intentionally making false claims).

Our architect has never seen the order confirmation, since we took care of the hydraulic balancing ourselves. She now says that because of this order confirmation it is no longer solely the installer’s fault.

However, we believe that the order approval expressed our intention for Model X and after that we are actually not obligated to check the installer’s order for errors?

Does anyone have experience whether the architect’s statement is correct or if we can demand a correct delivery? We are meeting on site on Monday to discuss this.

The situation is not a disaster, it’s about 5 out of 13 radiators, but as a result we now have 2 different types of radiators in the house. Also, it’s somewhat a matter of principle. The installer had previously laid a pipe incorrectly and damaged our wooden floor, and drilled through the (old) screed on the ground floor for a pipe, which according to the architect is not allowed because you can’t lay tiles on it now (which we had not planned to do either).

Thanks for your assessment
 

Buchsbaum

2023-09-09 21:49:23
  • #2
You place an order and then receive an order confirmation from the supplier. As a rule, the order confirmation is binding. For both parties.

Therefore, you are obliged to check the order confirmation carefully. Of course, it depends on the terms and conditions of the craft business. Usually very, very small print.

In my case, I sell very high-quality, complex, and also complicated technology that is priced in the mid six-figure range. Here, discrepancies regularly occur between the order placement and the order confirmation. However, our terms and conditions are designed so that the order confirmation is binding.

Every customer must check and confirm this sufficiently. If mistakes then occur, either the customer or we are at fault.

I see it similarly with you. If the order confirmation states radiator Y, then you have to accept it as such. Even if you specified X in the order. Or you have to come to an agreement with the craftsman. Of course, it is annoying if you have two different radiator shapes in the house.
 

Sunshine387

2023-09-09 22:13:17
  • #3
Just thought fictionally about what happens with contracts and what one should always ask oneself with every contract. Was there an offer and an acceptance? Have two matching declarations of intent come into existence? Are the subject matter of the contract, the contracting parties, and the consideration clearly regulated? Where is that recognizable in contracts? All questions that one should generally think about...
 

kati1337

2023-09-09 23:10:23
  • #4
What exactly do you mean by order confirmation? Is that the order confirmation in which the installer confirms to YOU what you will receive? Then actually check the terms and conditions to see what is binding here, but presumably you should have checked them.

But from your text, it reads as if this OC is a document the installer received from a supplier, and which you only received (in copy) upon your request, to forward it to a third party? So a document that is not even part of the contract between you and the installer? Then I would assume that you were not obliged to check it. It basically does not concern you what the installer ordered from whom, as long as he installs what you ordered.

Disclaimer: This is my amateur opinion, not legal advice.
 

ypg

2023-09-09 23:24:10
  • #5

completely off topic, because as an "aging co-inhabitant of the Earth" I just want to understand: Don't you get the comma rules, or is this the new spelling? I mean, it's hardly readable, what you write!
 

Buchsbaum

2023-09-10 08:02:05
  • #6
Unfortunately, this is due to an extremely short processing time for a written contribution. Unfortunately, it can only be revised and corrected very briefly.
 

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