Installer installs wrong heating system, offer vs order confirmation

  • Erstellt am 2023-09-09 21:34:08

RotorMotor

2023-09-10 08:35:39
  • #1
Also here no legal advice but my opinion:

The purchase contract was concluded by signing the offer.
The amended order confirmation constitutes another offer, which you did not accept.

The question is only whether you can or want to enforce that in court?
How big is the difference in the radiators?
Just something cosmetic or also technical?
Is the price different?
 

KarstenausNRW

2023-09-10 13:24:31
  • #2
Which documents with which title were created and signed by whom and when. I don't read anything about [Angebot, Auftragsannahme] etc., but only an [AB]. Without a concrete statement about the process, you will not get a layman's opinion here, let alone a lawyer can make a statement. Sorry, you wrote a lot of text, but unfortunately without useful content.
 

RotorMotor

2023-09-10 13:58:18
  • #3

Read again.

I read there:
Order placed in May by signature on the offer.
In June, order confirmation came from the contractor with changes.
 

xMisterDx

2023-09-10 15:30:42
  • #4
A mistake happened, that can always happen. And because that can always happen, one should also sometimes read what the friendly craftsman sends. Maybe his secretary simply misunderstood something or clicked the wrong button when ordering, and then he failed to check it again. There are a million reasons why something like that happens.

That could have been clarified with a simple call: "Hello, your AB is here. We had agreed on model X, right? ... Oh, such a mistake... okay... okay... yes, then please send the AB with model X, thank you!"

Therefore, it is at least unfair to put all the blame solely on the craftsman now. Because the opportunity to check was there.
 

xMisterDx

2023-09-10 15:35:41
  • #5
Always do that regardless of whether you need to check it legally or not. It makes many things incredibly much easier if you fix mistakes as early as possible... and don't let others run into them later just because, legally speaking, you didn't need to read it... :rolleyes: The person opposite is a human being... and only a few do such things intentionally...
 

leschaf

2023-09-10 20:00:15
  • #6


Exactly. And the latter only upon request – if we had simply sent the corresponding offer for the hydraulic balancing, we would never have received the order confirmation. I just didn’t do that because the offer still included other things and I wanted to make it as easy as possible for the balancing calculator...



Yes, you’re always wiser in hindsight. Of course, it was also our mistake not to read it... we don’t want to have a legal dispute with the guy now or anything like that, the problem is way too small for that.

Still, it’s not nice and I’m surprised that with the offer + signature on it (=contract conclusion, like with all other craftsmen – with them we never saw a single order confirmation) we are now supposed to "make up" for the mistake. For us, it’s just a rather cosmetic problem, but if you extend it, it can lead to much bigger problems (e.g. if the wrong materials are used in a roof renovation, the subsidy claim could be lost or something like that...).
 

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