Aaron Fude wrote:
Hi,

I ordered a $2000 bay window from Pella and it came an 1 1/4" to wide so
it won't fit into the rough opening without cutting cinder block,
extending head beam, etc. Pella's saying that all they can do is
re-manufacture the window. I argue that I had a crew idling for for two
days, and my family had gone to a hotel for a night (all true).
Furthermore, the mistake delays the project completion by six weeks and
forces me to have a hole in my house in mid-January rather than now when
it's mid 50's out.

What's the best strategy getting money out of Pella and what's the most
I can go for here?

According to their warranty statement:

Limitation of Remedy.
THE EXCLUSIVE REMEDY OF THE BUYER OR USER, AND THE SOLE LIABILITY OF
PELLA AND SELLER FOR ANY AND ALL CLAIMS, LOSSES, INJURIES OR DAMAGES
(INCLUDING CLAIMS BASED ON BREACH OF WARRANTY, CONTRACT, NEGLIGENCE,
TORT, STRICT LIABILITY OR OTHERWISE) RESULTING FROM THE SALE,
INSTALLATION OR USE OF THESE PRODUCTS, SHALL BE, AT THE OPTION OF
PELLA, THE REPAIR OR REPLACEMENT OF THE PRODUCT OR THE RETURN OF THE
ORIGINAL PURCHASE PRICE OF THE PRODUCT, AS PROVIDED HEREIN. IN NO
EVENT SHALL THE LIABILITY OF PELLA OR SELLER EXCEED THE PRICE
PAID FOR THE PRODUCT.


I assume Pella's position is that this situation falls under the above
warranty limitation. It would be reasonable to ask for a free window
for your trouble. Who knows, you might get it. But I extremely doubt
they'd go farther than that.

If you hired a contractor to install the window, you could ask him why
the %$#@ he removed the existing window before verifying the
dimensions of the replacement window. If you hired the crew yourself,
ask yourself why you pulled the window before verifying the
replacement was correctly sized.

Hopefully, you can improvise a closure with plywood and/or plastic
sheeting and insulation batts to make do till the replacement arrives.

Murphy's Law bites us all in the butt at one point or another.