If they were sent the right dimensions, it hardly makes them great that they will make the right thing after they've made the wrong thing.
If it did, wouldn't it make the companies that make the right thing on the first try even greater?
So being great isn't very good when others are greater.
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.
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.
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.
Now read the rest of what I worte, below...
I recently replaced a panel from my storm door. When I discovered the price difference between the cost of a pane of tempered and the cost of a pane of tempered installed into a frame, I elected to install the pane myself.
When I showed up to order the pane, they said they could measure it for me. I didn't see as to how this was necessary , as I had measured it *very* carefully, and had allowed for the proper glazing depth and such.
Since it was free, however, I decided to let them meausre it anyway.
As it turned out, their measurement was 1/16" different than my measurement along one axis. When I got the frame home I measured it again, and found that I should have still been correct.
Then I had one of those "a ha" moments and instead of just measuring the frame in the center, I measured it in the center and also along the edges.
What I discovered was that the frame was out of square on one axis by about
1/16". I hadn't thought to check this, but the guy at the glass shop did as a matter of course.Lesson learned.
Jon
Good thinking on his part, since storm doors seem to be designed according to theories which were popular with Dali.
Many times measurements are taken by sales people. Things go wrong. My solar screens where measured and they had to take one back for fixin'. A contractor here, went out and measured a bay window and was a slightly wrong size from the store. The family consenting too change the RO, instead of wasting time with minor problems. Lunch Time!
What's little known is that Dali made and sold storm doors and windows, and only did painting on the side.
And those companies would be disgusting, not even as good as average.
Take advantage? He's lost money. He just wants to be reimbursed.
(Yes, besides what he paid the crew, he got a night at a hotel, but most people would rather have that treat out of town. And also had the hole in his house in January, instead of tte fall.)
Were it not for the contract he most likely signed, he'd have an argument. The only thing that might ruin his case is that they woudl say he should have checked the order when it came in, instead of waiting until that morning.
Get outta here! :-)
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.
He doesn't have even a glimmer of a case.
If he does, then Pella should counter-sue for the extra materials need to make the bigger window.
FWIW- when I stopped in the Pella storefront here, with a list of nominal dimensions, their sales rep said they would only sell if their guy came out and measured, presumably to avoid situations like thise. I assume they waive that rule for actual contractors they have worked with before.
No, I didn't buy, but not because of that. It was because the swag 'cost per opening' figures they quoted scared me to death. Guess they gotta pay for those storefronts and huge newspaper ads somehow. Shame, because the windows looked to be good quality.
-- aem sends...
If YOU give the dimensions you need to be VERY sure you are talking the same language as the window company. Surest way to get the right size is to give maximum rough opening dimensions (which is a bit hard with the original window still installed unless you have done quite a few before. Pullint the interior trim will give you a good idea how the original is built, so you can calculate the rough opening from the inside finished dimension.
Had a salesman at a window shop where I worked for a while several years ago that mismeasured at least 15% of his windows - he didn't last long. The company "ate" every one of those - not the manufacturer.
If they will make you a new window that fits, and get it to you QUICK, that's about all you can ask.
If THEY did the measurement, you might try for something like a 10% discount. That's about it.
I have, & it was Pella. I was to help put in a 10'0"x 92 "hold to size bow, with a 2'0" projection. It was a brick home, but regardless, they delivered the thing in 3 sections. There was absolutely no way to mull them together, the way Pella built it. There was 4 of us on the job, expecting a monster size window. Pella did replace it @ N/C, delivered it correct size the next time around & it was a monster. That darn thing was over $8K, 12 years ago.
Crazy to think someone went out of town because they're having a window installed.
It was your choice to have a crew idling around. It was your choice to stay at a hotel.
Pella is making you a new window. Take the new window and shut up and grow up.
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.
-snip-
Every once in a while we agree on something. The above is truly wisdom.
Jim
Well, I'm not sure if I'm getting the full story but maybe the judge will.
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