Warranty claims in the garden


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Many think that you can hire a landscape architect only if you own a park-like property. But most of them also advise you if you have a small garden. It is important that you clarify before the first detailed interview and on-site appointment, which costs incurred for this appointment. In the first more detailed consultation then the follow-up costs should be discussed until the completion of the "construction project" and be set as detailed as possible. As far as the landscape architect uses other companies to fulfill, he remains basically your contact and you can assert your claims against him. In most cases he is responsible for the companies he uses and the result.

Does a contract have to be in writing?

Basically, oral contracts are effective and binding. However, the problem is that in case of doubt you have to prove what has been agreed. That can be very difficult in court. A written contract can often prevent disputes. Among other things, it should be as precise as possible who has which tasks and which conditions are set. In addition, the number, height and placement of plants or objects, what is planned where (drawing), at what price and all other details that are important to you.

Tree pruning, tree care work

Tree care work at high altitude should be carried out by professional companies

What rights do I have for a work contract?

If you have your trees cut by a professional, let the garden, garden pond or similar create, then it is usually a contract for work (work contract law - §§ 631 ff. Civil Code). If there is a defect, then you may be able to assert your rights of self-performance, subsequent performance, withdrawal, reduction and compensation. For the proof of a defect, it is important that what has been delivered / produced must be defined so that the claims are clearly defined.

What can I do if a purchased item is defective?

If, for example, you have bought plants, equipment or other objects, you are entitled to the warranty rights in the event of a defect (purchase right - §§ 433 ff. Civil Code). Insofar as there is a defect within the meaning of the law (§ 434 German Civil Code), there is the possibility of subsequent performance (elimination of defect or delivery of faultless goods), rescission, reduction of the purchase price or damages under certain conditions. As far as the objects were not bought in the shop, but over distance communication means (for example the InterNet, by telephone, by letter), then you have in principle also a right of revocation, with which you can dissolve also without reason from the contract, as far as the Observe the conditions of the revocation (§§ 312g, 355 Civil Code).

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