Is exclusion of warranty possible in the offer for time and material work?

  • Erstellt am 2016-07-06 15:31:17

Sebastian79

2016-07-07 08:34:25
  • #1
The problem is more about enforcing the law - getting upset like an HB-male is always possible, but if the company doesn't respond, you're left standing there.
Talk to them again about what exactly they want to exclude - a defect in the shower (the thing) itself is clear, but the connection cannot be excluded.
 

Otus11

2016-07-07 08:51:08
  • #2


A look into the law often facilitates legal determination;

§ 639 Building Code Exclusion of liability
The contractor cannot invoke an agreement that excludes or limits the customer’s rights due to a defect, insofar as he has fraudulently concealed the defect or has given a guarantee for the condition of the work.

This means conversely:
Without fraud and guarantee, (individual) exclusion is possible.
Limit: Standard terms and conditions contract law (small print, model contract).

I consider the exclusion here not objectively reasonable, but legally it is possible. If one does not want this, the consequence would be to change the provider.
 

HilfeHilfe

2016-07-07 10:32:42
  • #3
Stupid question but is this stress worth it? What was the difference between [Sanitär] and [Internet]?
 

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