Ask a lawyer on the topic of Contract law

mm-Markisen does not accept warranty claims.

November 1, 2010 | 35,00 EUR | answered by Steffan Schwerin

The awning company mm-Markisen offers a three-year warranty on their awning construction according to the invoice. After the second summer, the first bracket has already bent and the awning is now hanging crooked. My accusation that the brackets of the awning are not adequately designed for this installation or that the awning was not properly installed by mm-Markisen, leading to the bracket bending, is not accepted by mm-Markisen. The company claims that the bent bracket is due to the February winds, even though the awning was not extended in February and even though there is a wind sensor supplied by mm-Markisen on the awning, which should retract the awning in case of strong winds.
Even after several emails and many phone calls, the company maintains their position that the awning bent due to my fault: "It cannot be that a mm-Markisen awning bends."
Could you tell me what options I have to enforce my warranty claims against mm-Markisen? How should I proceed in this case?
Attached you will find the purchase contract with the warranty period, pictures of the bent bracket, as well as my previous correspondence with mm-Markisen.
Thank you in advance!

Steffan Schwerin

Dear questioner,

I will answer the questions you have asked, taking into consideration the situation described and your input, as follows:

It really depends on whether you can be blamed for the damage to the awning or not.

Indeed, the awning must be retracted in strong winds.

But the company would have to prove that you did not do so.

You should continue to insist on your warranty claim and demand repairs from the company. Set a deadline of no more than 14 days.

Unfortunately, there was no attachment to the question, but I don't think it is necessary.

If the other party does not respond, you can also cancel the contract.

I must point out that this platform cannot replace a detailed and personal legal consultation. The aim is solely to provide an initial rough assessment of your legal issue based on the information you have provided, by a lawyer. My legal advice is based exclusively on the information you have provided. Adding or omitting relevant information in your description of the situation could lead to a completely different legal assessment.

I hope I have given you an initial overview and that my explanations are helpful. Feel free to contact me through the follow-up option on this platform.

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Kind regards,

Steffan Schwerin
Attorney at Law

Law Office of Steffan Schwerin
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07749 Jena

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Email: raschwerin@raschwerin.de
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