JuridischForum.be

Hi all,

I am sorry that I will try to explain my question in English because my Dutch is not enough to explain the whole story. But if it is a problem, then you can reply in Dutch. Understanding a text in Dutch is no problem at all.

I have been living in a new built house 1 year 8 months. We have a garden and there is a double-glass door to enter to garden. Please have a look at the picture to see the door.
https://www.dropbox.com/s/zepxptyymz01w ... 4.JPG?dl=0

The problem is that, a crack occurred on the top-left part of the window. The crack is at the inner side (room side) of the double glass and not at the outer side (garden side). This window was installed by Winsol and we requested an installer to come and have a look at it. He came, and he approved that this crack didn't happen due to our fault, it happened just because of thermal reasons. Of course, now the main reason is, who is going to pay the bill. Winsol says exactly the following: "een thermische breuk nooit aan de firma kan aangerekend worden.". Could anyone tell me if this can be covered by any warranty? Since only this windows got broken, I think there is a specific problem with this panel only. So, I am thinking that this must be covered by Winsol.

I ask this question here just because I thought that someone has had a similar experience before. I am open for any thought and discussion.
Thanks a lot,

Rode,

What Winsol says is correct. Breaking glass is not under warrant (though a lot of companies do replace it if it happens in the first months).

A thermal crack happens if the window has different temperatures in different areas, for instance when the upper half is covered and the lower half gets full sun during the day.

Check the fire insurance policy of your house. Possibly you may get (partial) compensation from there.

@roharro, yes indeed we can claim something from fire insurance but there you need to pay 250 euro fixed amount. Paying is no problem but I should know that this is not covered by warranty.

@LeenW, ok, I think we will change it from fire insurance then.

You may not cover the glass totally or partially with the heavy curtain when the sun is shining. This is certainly not a warranty issue.

Allright, got it. Thanks a lot.

Someone isn't telling the truth.

A thermal break is something very specific. It Always starts at an angle of 90 ° on the side. It never has a straight of curve line but goes in evey direction but staight

The crack i can see in the dropbox picture starts at a diff angle and has a flowing curved line
Lookingat the dropbox picture I'm almot 100% cetain that the break is due to a wrongly installed glazing bloc between the window frame and the glass pane. Glasspanes are Always installed with glazig blocs wether the fame is wood pvc aluminium or steel. It keeps the frame stiff and square.
Even if the glass is installed correctly it shoud be coverd by a 1 year warranty. If 1 year is surpassed you can rely on your Insurance policy

this is no a crack due to thermal unbalance in the glasspane.
Thermal break is never coverd by warranty but may be coverd by your insurrance so are other cracks

If the window has been reently installed (less than1 year) Winsol should take its responsability. But if they are telling you that this is a thermal crack someone's nottelingthe truth

Hi,

The crack was initially about 20cm long from a little bit down from the top left corner. Please see the following picture which is taken right after we realized the crack.
https://www.dropbox.com/s/kevztwqvt7idj ... k.jpg?dl=0

Currently the crack is grown a lot, I can say that perhaps 1,5 meters long. However, as you said, it is not one straight line.

It is already more than a year. So, i suppose we won't gain anything even if they accept that it was badly installed. We have found out that the fire insurance covers the replacement, however, we need to pay 250 euro forfait.
thanks a lot.

Again proof that this is not a thermal break. A thermal break happens immediately or doesn't happen at all. Al other racks also happen or don't but also can grow graduatly bigger and bigger.

to be 100% sure please post a picture of the start of the crack un the frame. as detailled as possible. This seems like a thermal crack to me.

Hello everybody,

I am sorry that I couldn't find any time to take a picture of the crack. However, it is proven by Winsol that it is a thermal crack and we (as a user) has nothing to with this crack.
We are currently in the second stage of the problem. Currently my house owner asked for her brandverzekering to cover the costs (the part after franchise). However, they immediately blamed us because we are the tenant and they say that this should be covered from the brandverzekering van huurder. I don't understand why this should be covered from my fire insurance since it is proven that I was not guilty in this incident. Could anyone please comment on this? I really need some help here.

I had the same problem. In the end, after a long battle between my insurance company (tenant) and the owners', I won the battle. The insurance company of the owner or the owner himself, payed everything.

Contact your insurance company and give them the proof that it's a thermal crack, let them fight the battle. That's what I did and it worked. Good luck.

View my topic: http://www.juridischforum.be/forum/view ... 50#p332850" onclick="window.open(this.href);return false; (just ask if you need me to translate).

VDG2,

Thanks a lot for the info. I will tomorrow contact with my insurance company and let them fight.

Hello everybody,

I am sorry that I couldn't find any time to take a picture of the crack. However, it is proven by Winsol that it is a thermal crack and we (as a user) has nothing to with this crack.
We are currently in the second stage of the problem. Currently my house owner asked for her brandverzekering to cover the costs (the part after franchise). However, they immediately blamed us because we are the tenant and they say that this should be covered from the brandverzekering van huurder. I don't understand why this should be covered from my fire insurance since it is proven that I was not guilty in this incident. Could anyone please comment on this? I really need some help here.

Off course Winsol says that this is a termal break what did you expect otherwise ? As long as they have to pay they will do so