Warranty and movable goods

  • Erstellt am 2016-09-05 23:03:53

Sebastian79

2016-09-08 11:57:31
  • #1


Why would that be? What is the difference between the countertop extending into the window opening or the windowsill extending into the countertop?
 

ypg

2016-09-08 12:22:22
  • #2
There are some who would argue, using the example from , that the countertop is connected to the piece of the house in the same way as, say, a window. Removing it could potentially damage the window or the masonry sill. However, when it comes to legal disputes, proportionality always (or at least should) matters. In this respect, it doesn't matter for an _expensive_ kitchen, since repairs to the house (as well as to the kitchen) are comparatively minor. This usually only applies when one wants to separate the kitchen from the house legally or financially, for example due to real estate transfer tax. I hope I have made myself clear.
 

Payday

2016-09-08 19:49:07
  • #3
In order for anyone to be held "liable" for anything in terms of contract law, you must have a contract with that party. If the general contractor delivers a finished house to you, you do not have a contract with the plumber regarding the heating but with the general contractor. Consequently, you must then contact the general contractor, who will then refer you to the plumber 99% of the time. However, you must not bypass the general contractor to assert legal claims. Because they could also send someone else, e.g. their now new plumber...
 

Momad

2016-09-08 22:55:40
  • #4
In the notary contract it states verbatim: "The limitation period for defects in the building is 5 years and for works on the property as well as for defects in movable items that are not construction services, 2 years." This is a contract for work according to VOB/B and C: "The VOB is mandatory for all public sector clients. Due to its balance, it is recommended for all other construction contracts. Parts B and C supplement the contract law of the Civil Code (Building Code) with very specific contract conditions tailored to the special conditions of construction. For these reasons, it is agreed that the "General Contract Conditions for the Execution of Construction Works (VOB Part B)" and the "General Technical Contract Conditions – ATV – (VOB Part C)" in their latest version, which was published in the Federal Gazette at least nine months before the contract date, are part of the contract."
 

Otus11

2016-09-09 07:26:29
  • #5


The notary contract does not make it effective yet...

You are the client. You are not the public sector within the meaning of VOB/C, but a private consumer according to §13 of the Building Code!

Just google VOB consumer contract.

Precisely because the VOB is not "balanced" for consumers, the Building Code applies in favor of the consumer.
 

Bieber0815

2016-09-09 08:46:48
  • #6
Was it not the case that VOB can be effectively agreed upon if it is handed over (komplett)?
 

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