Photovoltaic system and storage not completed at building handover

  • Erstellt am 2022-09-05 08:47:42

Snowy36

2022-09-05 12:29:14
  • #1
I ordered a motorhome 2 years ago and it just hasn’t arrived. I then had to rent an expensive one for our vacation. The only thing I can legally do is cancel. But that doesn’t help me either. And if all supply chains collapse and therefore nothing is delivered on time, that is force majeure.
 

Kokovi79

2022-09-05 13:41:32
  • #2
Have the calculation provided and do not pay for the part not rendered.
 

Stefan001

2022-09-05 14:25:53
  • #3
No, that is not force majeure... And of course, with a luxury item you don't have any resulting damage, at least none that you can quantify. With a photovoltaic system, however, the damage can very much be quantified. There is a real, economic loss. Whether it is worth the effort is another matter...
 

Jack Storm

2022-09-05 15:39:15
  • #4
Thank you very much for the answers.

By the way, I have already spoken with the construction manager. He basically even confirmed to me that Helma should pay some compensation for the monthly damage incurred. Of course, he could not quantify the amount of compensation. Moreover, this is so far only the opinion of the construction manager and does not necessarily reflect Helma's position. It is therefore also possible that Helma will not pay any compensation at all.

Of course, Helma is not responsible for the delivery delay. Neither am I, however. Since I now have to service the loan I took out, and the costs for my living expenses as well as electricity and gasoline have risen exorbitantly (and will probably continue to rise), I would be very grateful for any relief, no matter how small. So if I am legally entitled to compensation, I will enforce it. I did write that I have been satisfied with Helma so far, but of course Helma has not given me anything in return either and has strictly adhered to every single contractual detail.

One additional piece of information: If the handover of the building is delayed by more than 2 weeks now, Helma is obliged to pay compensation anyway due to the failure to meet the contractually agreed construction period. Therefore, Helma is very keen to carry out the handover quickly now.
 

Snowy36

2022-09-05 16:23:04
  • #5
Keep us updated on how it turns out, I would appreciate it.

And of course I have a loss if I order something, am given a delivery date in [nov 21], and then have to rent something because the ordered item is not there.
 

Lotti88

2022-09-05 18:21:23
  • #6
: Yes, you have a damage there. I also know people who, in exactly this case, have had the rental costs for the replacement vehicle reimbursed. They had a fixed commitment with a delivery date. If you booked a vacation in this trust and then need a replacement vehicle, in my opinion you are also entitled to damages - unless this is excluded in your contract.
 

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