Double Glazing Compensation

#1
Dear Colleagues,

I recently had double glazing installed ( that comes with a 10 year guarantee ). Part of the installation was delayed and it was poorly installed once completed.
They company have offered compensation ( as they do not want to rectify it because of distance and cost ) for the above which I want to accept ( the company increased their offer after I told them that I may get FENSA to come and inspect the installation ).
What I wanted to ask was, how do I accept the offer without prejudicing / compromising their 10 year guarantee and the FENSA certificate?.

Thanks

p.s. FENSA are a third party quality control regulator for double glaze windows.
 

Jeffrey Shaw

Member
Staff member
#2
1. First, ask FENSA what the effect of your accepting compensation from the contractor (C), in lieu of it rectifying its defective work, would be. I guess that the guarantee ought to be unaffected but FENSA is best placed to tell you.
2. Then write a letter to C, marking it 'Without Prejudice'. This wording means that C cannot rely upon anything in the letter in any proceedings that might follow. Keep a copy of the letter and of all other correspondence passing to and fro.
3. You might express your wishes something like this:
"I am conditionally willing to accept your offer of £xxx from you (but nothing in this letter constitututes accepatance as yet) being compensation for the delayed and defective installation of double-glazing at my property (address xxx) if you are willing to confirm in writing that- in consideration of my accepting such compensation in lieu of your rectifying the defects- you agree:
a. to preserve in force the ten-year guarantee that you issued to me dated xxx; and
b. not to seek to invalidate either that guarantee or the FENSA certificate dated xxx
."

NOTE: This reply is given in good faith but without my knowing any facts other than what your post contains- so I must exclude any liability on my part.