On Mon, 23 Nov 2009 15:17:09 -0500, "Jeff The Drunk"
wrote:

On Mon, 23 Nov 2009 12:37:33 -0500, Aaron Fude
wrote:

Van Chocstraw wrote:
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?

Thanks,

Aaron

Get a concrete saw and fix the opening. YOU must have given them the
wrong measurements. I have never seen a custom window maker make a mistake.

Pella has accepted that it was their mistake.

And should replace it free of charge. But if you are contemplating
suing for damages you'll need to prove somehow that this damged you
which being of sound mind and mental faculties, frankly I just don't
see.

Of course it did. The question is not at all damages. They're plain
as day (except maybe how much crew time would be paid for IF there
were liability.)

The questions are two.

1)Is the company legally liable? Probably not for consequential
damages. READ THE SALES CONTRACT. See if it excludes consquetial
damages. This is what the term refers to. See if it specifically
limits liability for making the wrong thing. If the contract is long,
it probably does. If it's short enough, probably not.

If the contract is an order form, see what it says on the back.

2) Will the company give him something to keep his good will? I don't
know.