Legal Advice on Warranty and Liability

Questioner

Last year we had a sauna built in our garden. A bio stove was also supplied. The company installed the stove and the control box, but did not connect it to the electricity. We hired an electrician for this. This was in October 2011. This electrician made several attempts to get the device working. We then contacted the company several times. At one point it turned out that they had not supplied a cable. The device still did not work with this new cable. They insisted that the fault was not in the device, but they questioned the expertise of the electrician. In January, after frequent contact, I had to send the device to a company in Germany. About a month later I got it back and again it did not work. I then called the company in Germany and after calling weekly for a month I was finally connected to the right person. He told me that I had to send the device to Austria. This done and finally at the end of May I get the device back and it turns out that a relay was broken because now the sauna works. So we had a sauna between October and June that did not work. NOW we have asked the company for some kind of compensation. Because the sauna did not work, we had not yet paid them the full amount and now they want their money. We believe that we should be compensated for the inconvenience and our own efforts to have to follow up on it ourselves. The company did pay the electrician's bill once when the box came back from Germany the first time. Our question is, are we entitled to something and/or can we keep part of the outstanding amount as compensation?

Lawyer

The question is whether you received the device with a warranty. If this is the case, you can make a claim under the warranty. After all, it turns out that a technical defect in the device is the reason why the device did not function properly for a while. In addition, you could appeal to the fact that you did not receive what you bought, in which case the provisions regarding statutory liability apply. This is more complicated for you to prove, so if you have a warranty, it is best to appeal to this first. Read the warranty provisions carefully and which of them apply to your situation.