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We had installed 4yrs ago, in Normandy, France, sliding bay windows, which are guaranteed under French law, the decennale, for ten years. The windows are now extremely difficult to open due to the 'roulettes' no longer working correctly. The company which installed the window refuses to replace the 'roulettes' under guarantee, which according to him are only guaranteed for 2 years. He therefore has given us an estimate of 1,600 euros to replace the roulettes, as this necessitates removing and re-installing the windows.The contract with the company nowhere states that the 'roulettes' were only guaranteed for 2 years, but mentions only the decennale (10 years).Can you please let us know if the company is within it's rights to charge us for replacing the 'roulettes'.Many thanks
Already Tried: Contacted company many times to inform them of the problem, no reply each time until eventually they informed us about the difference in guarantees and sent us the estimate of replacing 'roulettes'. Sent registered letter to the company's insurer AXA, who replied that the company had informed us of the guarantee of 'roulettes' being only 2 years, plus they sent us an estimate of replacing 'roulettes'. Contacted the 'Profile manufacturer of the windows' who informed us they had had problems in t
Hello, If the contract specifies that the guarantee is for 10 years then the guarantee is for 10 years.
Normally French contracts specify if parts of the guarantee are only for 2 years, or less han 10 years.
You may have to go on the company's website to read their generral terms of the agreement.
You may want to ask them to show you were it is marked on the contract that the guarantee for the "roulettes" is less than 10 years.
However, in French law there is a legal guarantee of 2 years. This is the law.
The 'assurance decennale' of the company who installed the window does not state anywhere in the document that the roulettes are only guaranteed 2 years. Does this mean we can
The 'assurance decennale' of the company who installed the window does not state anywhere in the document that the roulettes are only guaranteed 2 years, and he has no web site. The manufacturer of the 'profiles' - technal.fr do not state their guarantees on their web site.
The 'assurance decennale' of the company who installed the window does not state anywhere in the document that the roulettes are only guaranteed 2 years, and he has no web site. The manufacturer of the 'profiles' - technal.fr do not state their guarantees on their web site. How can we insist on replacing the roulettes through the guarantee?
Once you are sure that you have the necessary proof,
If the seller refuses to operate the contractual guarantee of 10 years, then you must send him a registered letter with “advis de reception” where you clearly mention in it that this is a “mise en demeure” (a formal demande) requesting him/her/the company to perform their contractulal commitment), within a specify time (fifteen days for example). Remind him that, pursuant to Article 1134 of the Civil Code, "the agreements lawfully entered into of law for those who made them ... They must be performed in good faith, "under penalty of seizure of the court (conformément à l’article
1134 du code civil, «les conventions légalement formées tiennent lieu de loi à ceux qui les ont faites… Elles doivent être exécutées de bonne foi », sous peine de saisie du tribunal).
If the seller refuses to operate the contractual guarantee, send him a registered letter with “advis de reception” where you mention in it “mise en demeure” (a formal demande) requesting him/her/the company to perform their contractula commitment), within a specify time (fifteen days for example). Remind him that, pursuant to Article 1134 of the Civil Code, "the agreements lawfully entered into of law for those who made them ... They must be performed in good faith, "under penalty of seizure of the court (conformément à l’article
1134 du code civil, «les conventions légalement formées tiennent
lieu de loi à ceux qui les ont faites… Elles doivent être exécutées
Do I send the registered letter to the seller or his insurance company AXA
You must send the registered letter to the seller. Once you will have received the stub of the reception of your registered letter, you will probably have to send copies of everything, to his/her insurance company.
The registered letter must be titled, "Mise en Demeure"; this is very important.
In addition to your “mise en demeure,” you can, if necessary, write a complaint to the Direction Générale de la Concurrence, de la Consommation et de la Répression des Fraudes (the French agency involved with consumption and fraud, of deceptive business practices). Article L. 121-1 of the French Consumer Code prohibits "any advertising containing any form whatsoever, allegations, information or presentations false or likely to mislead", including on the conditions of sale, and after-sales service.
Thank you very much for your help, we will certainly do as you suggest and hope for a successful outcome, if not we would like to come back to you for further advice. Very grateful.
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If the repairer wants you to pay all or part of the repairs (labor, parts ...), refuse and emphasize your rights in the same way.
Experience: French lawyer, European law lawyer, 10+ years experience