Ask Wikipedia Ahref and Belgians


Questioner

In 2011, company x installed two new bathrooms and two new toilets for us. One of the sink taps turned the wrong way and this was later fixed. We then decided to have the kitchen replaced by company x. While he was doing that, I discovered a very large hole in the wall behind a cupboard that borders the bathroom and later also a hole in a fixed walk-in cupboard. (That wall borders the other bathroom) Of course I complained about this to Mr y from company x. He thought that I should fix this when I started wallpapering again! The plasterer had to come to the ceiling in the kitchen and he roughly filled in the holes. When Mr. Y was “finished” with the kitchen in June (2012), I pointed out to him that a wall shelf was missing and I wanted some non-slip mats for the drawer cabinets. The shelf was mounted and I told Mr. Y that I thought it was much too thick. I also told him that I couldn’t put 5 pans on my 5-burner gas stove. He told me that I should just remove the edge that he had mounted on the wall, with the risk of damaging the tiles. He advised me that I should put a small pan at the back and a large pan at the front, so that it would be less dangerous! I never heard from Mr Y again and swallowed my anger. To my great surprise I received an invoice in May 2014 for the installed shelf and the anti-slip mats for a total amount of 435.83 euros. Although I was furious, I sent a polite email in which I listed everything and in which I told him that I did not think the shelf would fit (certainly for that amount 147.19 euros for the shelf, available at Ikea for less than 10 euros and 105.00 euros for the assembly) did not want it and that I also thought the anti-slip mats were far too expensive. (no price quote had been given in advance) I therefore suggested that he return the board and the anti-slip mats. I ended the email with the fact that I assumed that Mr. Y would send me a credit note for the total amount. Since I did not hear anything more, I assumed that everything was in order, but now I received a reminder dated September 10, 2015 on November 10, 2015 (postmarked November 9, 2015). On this reminder, which was actually the original invoice, it was typed that it was the second reminder, but I never received the first one anyway. In addition, the following was added to the invoice: interest costs and reminder costs 86.24 euros. The total amount now comes to 540.18 euros. I believe that I no longer owe anything, partly because we have not heard from Mr. Y for so long. Am I in the right? What can I do?

Lawyer

in terms of term it is allowed. However, with a reminder no additional costs may be attached and with this the contractor is doing wrong. You do not have to pay that interest and reminder costs. The way in which you complain etc. is also not the right way, Only it is not clear to me whether you have returned the goods or not. This also determines whether or not you have to pay the costs for the products. If you have returned it, in principle you should only have to pay the labor costs, and not the goods. To get out of this conflict, mediation would also be a cheaper solution to get out of the conflict. If you still cannot reach an agreement, there is always the possibility and your right to submit the dispute to the court.

Lawyer

You have to make a choice 'you swallow the annoyances or you put the contractor in default. Any consideration must be in proportion to the hours worked and the materials purchased. The contractor may deviate 10% if a target price has been agreed. If that is not the case, a reasonable (market-conform) price must be paid. Defects must be repaired at the contractor's expense. If you wish, I can negotiate with the contractor for you.

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