Aluminum Window Frame Leaking? Discover Your Rights!

Questioner

My 8-year-old aluminum window frame appears to leak in a specific type of weather. The supplier has gone bankrupt. I have a copy of the manufacturer's warranty. Can the Dutch manufacturer now be held liable? Does the burden of proof for the defect lie entirely with him or has the statutory warranty period expired? Can I be fully compensated?

Lawyer

If the supplier is bankrupt, you must report to the trustee. It is up to the trustee to decide what steps he wants to take. Sometimes the guarantee is taken over by another party. If the product is covered by the guarantee, you can usually contact the manufacturer. You must then demonstrate what the defect is. It is not the case that you will be fully compensated, but it depends on the guarantee and the type of defect. For more information or further assistance, you can contact me directly and free of charge.

Questioner

But the manufacturer had legal obligations towards the supplier to sell a proper frame. The supplier is bankrupt, there has been no takeover, so those legal obligations should now apply to me. The manufacturer has remained liable. I think it is an irreparable manufacturing defect and blame him. The manufacturer should be the one to prove that the leak is my fault, and therefore not his fault due to a manufacturing defect. After all, the burden of proof is on him because of the 10-year warranty? He has the equipment to test it by the way. So it seems strange to me that I am the one who has to prove that there is a defect. I now always catch the leaking water that runs in over the windowsill with cloths to prevent further damage. Then I should no longer catch it but let it run down behind the radiator to the floor. Then something is wrong.

Lawyer

In principle, you should contact the supplier. Now that they are bankrupt, you can still make use of the manufacturer's warranty if it applies. It is not necessarily the case that the manufacturer must solve your problem outside the warranty period. However, if the product you received is defective, you can hold the manufacturer liable for the defect. You indicate that there is a leak as a result of the defect in the frame and that it is defective. The manufacturer must then prove the opposite. I advise you to put the manufacturer in default in writing. If you would like help with this or have further questions, you can contact me directly and free of charge by clicking on the link in this answer.

Questioner

Thank you very much for your answer. So it is the manufacturer who has to provide proof in the case of a defective frame. I myself only have to write to the manufacturer that he is in default because he sold this defective frame, which caused a leak. And I myself do not have to prove anything else, because that is impossible. The moment of the leak is quite unpredictable and sometimes short-lived and that moment is difficult to hold on to. When the fitter finally has time to come and take a look, there is only a wet cloth against the bottom edge of the frame. If after providing proof, it turns out that there is no question of a defective frame, then he should be able to fix the leak within 6 months or so, I think. If that doesn't work, can I have the frame replaced at his expense? After all, a window frame should not start leaking within 10 years, it should be able to withstand storms and rain. I don't have to settle for a roller shutter solution, do I? I hope the manufacturer will take responsibility. The bankruptcy of the supplier fortunately does not cover him.

Lawyer

You can contact the manufacturer, where you can demonstrate the defect (e.g. photos). It is then up to the manufacturer to provide counter-evidence or to come to a joint solution. I advise you to first consult the manufacturer's warranty conditions. If it appears from this that repair or replacement is possible but is neglected, you can have the problem repaired at their expense. Please note that the manufacturer is not obliged to solve the problem if there is no factory warranty. In that case, I advise you to discuss the matter with the supplier's curator. If you are still unable to resolve the issue, you can contact me directly for further assistance.

Questioner

Thank you for your answer. If the burden of proof by the manufacturer in the case of a defective frame also applies outside the warranty period, as I understand from your answer, then I can hopefully continue. Because I fear that the warranty conditions are to my disadvantage. I quote: the warranty "will lapse if repairs and other work are carried out by or on behalf of the owner without the express knowledge and written approval" of the manufacturer. Now, 2 months ago, the bankrupt supplier tried to repair the leak by drilling out the drain channel of the frame a little. Although not explicitly at my request, I stood there and watched. I did not know at the time that he was bankrupt. He told me on the spot that there was NO takeover, I thought of a kind of restart. The word bankruptcy was only mentioned a week later. The curator told me that he had no involvement in a restart, because this would have taken place well before the bankruptcy was declared. The supplier then says that he only bought the name of the company, and only the installation service is left. It seems to me that he is the 'former' supplier and as such actually not authorized to work on the frame without permission from the manufacturer. Nails at low tide. Yours sincerely.

Lawyer

The burden of proof also applies outside the warranty period, but as I indicated earlier, the manufacturer is not obliged to solve your problem. Regarding the bankrupt supplier, I advise you to discuss this with the trustee.

Questioner

Dear Mr. Bihari, I probably asked the wrong question to the trustee. It is not really the task of a trustee to hold manufacturers liable. I also imagine that a trustee will not want to delve into the matter years after the bankruptcy has been settled. Only when I start receiving repair invoices from the bankrupt supplier, it might be time to try to contact the trustee again. Unless there is such a thing as a statute of limitations for a bankruptcy? Yours sincerely.

Lawyer

There is no statute of limitations for a bankruptcy. If the bankruptcy has been settled, you can in principle no longer turn to the trustee. Good luck! If you are still unable to resolve the matter, please contact me directly by clicking on the link in this answer.