hi, I entered into a contract to provide me with 7 new Milgard windows, at an agreed price of $8,800. I gave the Contractor $880.00 Deposit, and $3520 when the installer measured the windows. The contractor ordered 7 Newwindows from Milgard, the windows were delivered to the contractors place of business, and were left outside. The day before my installation it rained. When the windows arrived at my house the installer removed 1 window, when he went to install the first window it was discovered that all 7 windows had water damage from the rain. My contractor is offering to repair the windows by removing the glass, using new tape, and glazing beads, then re-installing the glass. Am I obligated to let him repair my New Windows? I am requesting that he Orders 7 New Windows from Milgard, or refund the $4,000 I already gave him. Please advise. Thank you.
I strongly believe the contractor should be replacing the windows.
If your contractor has proper insurance he should be covered for damage like this. In most cases it is your contractors responsibility for the product especially since it was delivered to his business and not your home.
If you paid for the windows to be purchased AND installed, it's the contractors responsibility until they (the windows) are installed ... to your satisfaction. The damage is not on you.
You should be getting brand new windows. This way you ensure longevity of your products.
The contractor should have either made sure he/she was there when the windows were delivered and stored appropriately until installation or given you instructions to do the same.
Do to the fact that the contractor was hired to purchase the windows which included responsibility for measuring and ordering windows. The windows are the complete responsibility of the contractor until the installation is complete. This would put the responsibility on the contractor to give you what was ordered. It is always best to try and work with the contractor to find a solution that works when possible. It seems odd though that the windows would be damaged because they were out in the rain.
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