What can I get out of Pella?

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Aaron Fude wrote:

IMO the only way that you have a chance of getting anything is to see if they will adjust the price if you enlarge the opening and use the existing window. Heck, you could well come out ahead if you make a deal with them and use the current window. If they replace the window they are already out that cost so don't expect anything else from them. OTOH, I would bet that they would make you a good deal on the existing window. All of the above is "IF" it was truly their mistake.
BTW - who is going to pay to ship the current one back and the new one to you?
Don
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Yea, I had a plumber put a shower pan in 1/4 inch off and that threw my green board off and my tile off by that amout. They took 1/3 off of the price but I wasn't a dick about it and know a bit about negotiaiting. It's not a case for the supreme court and they can't help it if he signed a bad deal with the installers.
Tell them to knock 1/3 off of the price or explain your situation and let them make an offer. Sometimes they offer more than you're looking for. Except, maybe, in this case. In the case of my plumber the owner offered the 1/3. I would have settled for .10...
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in2dadark wrote:

Hi,
I'm the OP. For the benefit of someone reading this at a later date I fill in some details.
The original window was not taken out. It's still in. My contractor is very good and checked dimensions before attempting the project.
Pella sent a representative out who noticed that the window was botched is several other ways.
Pella had the window for three weeks prior to delivering it. (They forgot to mention that I needed to have two men to accept the delivery so the delivery did not happen on the first attempt). So there was ample opportunity to double check everything.
At this point they do seem to be a good company. So far I have received profuse apologies and a promise that they'll find away to make it up to me. Apparently it's the case of an incompetent local store.
I will update everyone on the outcome.
Aaron
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Aaron Fude wrote:

Good example of why, even when you know how to take the measurements yourself, and having the 'authorized rep' come take them will add a couple days to the project, it is still best to let them take them. That way, if there is a screwup, it is on their dime, not yours.
-- aem sends...
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I was more interested in how he was not inconvenienced and was making up shit about staying at a hotel due to a hole in the house when the old window wasn't even removed. Making up bullshit and then asking people on the intertubes to help him figure out the best way to scam the window company is a new low.
R
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wrote:

I was more interested in how he was not inconvenienced and was making up shit about staying at a hotel due to a hole in the house when the old window wasn't even removed. Making up bullshit and then asking people on the intertubes to help him figure out the best way to scam the window company is a new low.
R -------
+1
jc
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Best thing is to cover hole with plywood when window cones in change out and stay home.
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Aaron Fude wrote:

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.
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wrote:

He would have to have been given notice of this somehow, but he probably was.

At first I thought I had misread it, but now I think you did. I don't think he's going to have a hole for the whole 6 weeks, only the day they do the job, in January.

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wrote:

I'm not good at that myself.
I don't know what you can get, but putting aside liability and damages, the lesson to avoid this problem to some extent is to order the window, and anything else, early and when it comes in to measure it in advance. Then you might still have been inconvenienced but the crew could make other plans and you wouldn't go to a hotel.
Yes, I don't do this either all the time but it's prudent to check things out in advance. Did you wife try on her wedding dress before the big day?
Joe wrote: "I priced windows from a local company which manufacturers and installs. I said I might install them myself. They said they get SO many wrong measurements from do-it-yourselfers that they'd stop by to check my measurements AT NO CHARGE just to save everyone some aggravation."
This isn't their legal respnsibility, but it's worth doing so people are happy. The reverse is also true that it's worth doing more than one would think a customer has to do, to be happy.
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Aaron Fude wrote:

One of the things taught in MBA school, is to offer the minimum to those who rise up in righteous indignation. They will NEVER be satisfied, so no sense going overboard.
In your case, a new window is probably the absolute maximum.
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-snip-

Every once in a while we agree on something.<g> The above is truly wisdom.
Jim
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wrote:

Well, I'm not sure if I'm getting the full story but maybe the judge will.
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Getting money out of them? Good luck. You'll just make a lawyer richer.
They said they'd remanufacture. File the rest under life isn't fair and move on.
But if you feel there's an attorney out there who's underpaid somehow, feel free to file a lawsuit against them... sheesh.
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Aaron Fude wrote:

Crew? You mean contractor? Then let them handle it.
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The most you can go for...? Why, there's no limit! Stop being a piker. Really pile on those spurious charges. Obviously you'll need couple's counseling to keep the marriage together over such a traumatic blow. That'll fail, so you'll have a divorce, the kid will be in therapy for years, pain and suffering...can you get a racial or religious angle in there somewhere? That's always good for the big bucks.
There's always enough blame to go around. From the one sided story I'm gathering that you didn't do your homework (check opening and custom window before pulling the old window) and didn't do your part to mitigate the "damages".
Someone mentioned that you would never find a lawyer to touch the case - that's not true. You definitely could find a lawyer - who would never work on a contingency basis as you have no real claim and there are not sufficient dollars involved, and he'd be charging you every step of the way until you cried uncle.
People participate on this newsgroup to give and get advice and to share experiences. The upshot of this thread is that you learned a lesson. Everybody here could tell of similar learning experiences. Pella is a good company to work with and they won't leave you twisting in the wind. Will you be made whole? No, not if an unnecessary hotel bill and paying a crew to sit around are part of "whole".
R
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Aaron Fude wrote:

You're barking up the wrong tree. Forget Pella; write Obama. Tell him you're in construction, but things have been rough and you have had to send your people home and even move your family out of your house, but now you think you have found a window of opportunity if you can get a little bail-out. That should get you a couple of billion.
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