Heat pump bankruptcy: What to do if the installer or manufacturer goes bankrupt?

Heat pumps are increasingly being used in family homes, but what happens if the manufacturer or installer suddenly disappears from the market? In this article, you will find out what differences there are, which claims remain and how to react correctly in the event of insolvency.

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What is the difference between installer and manufacturer?

The installer is the company that installed the heat pump on site. It is the homeowner's direct contractual partner and is therefore responsible for defects, installation errors and warranty. The manufacturer manufactured the heat pump and is responsible for the product quality, spare parts and voluntary guarantees. In the event of insolvency, it is decisive with whom the contract was concluded — because what claims still exist depends on this.

The following is a comparison between installer and manufacturer:

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What to do in the event of an installer bankruptcy?

In the event of an installer bankruptcy, there is still a warranty claim, but enforcement can be difficult. First, it should be checked whether there is completion or business liability insurance. Subcontractors may also be required. If no insurance is available, the Chamber of Crafts can mediate or a court order procedure can be initiated. It is important that you keep all documents such as contract, invoices and defect reports.

Here's how to proceed:

1. Officially check insolvency: Research whether insolvency proceedings are actually ongoing, e.g. insolvenzbekanntmachungen.de. Only then will special deadlines and rules apply.
2. Identify contract partners: Check who you signed the contract with: the general contractor or a subcontractor. There are only claims against the actual contractual partner.
3. Save documents: Collect all documents, including offers, contracts, invoices, proof of payment, complaints and emails. These are the basis for legal action or insurance claims.
4. Check insurance: Some installers have a Business liability or Completion insurance completed. This can step in if damage occurs or work remains incomplete.
5. Contact Chamber of Crafts: The responsible Chamber of Crafts can mediate, recommend a replacement company or provide advice on how to proceed. It can also assist with conciliation proceedings.
6. Get legal advice: Get legal advice, for example, from a consumer advice center or a specialist lawyer. This allows you to correctly assert warranty claims and meet legal deadlines.
7. Have further work checked: Have the condition of the system assessed by a neutral specialist company or an expert. In this way, defects can be documented and subsequent damage avoided.
8. Secure funding: Inform BAFA or KfW if funding has not yet been paid out. Payments may be stopped or redirected to a new company.

What to do in case of manufacturer insolvency?

In the event of manufacturer bankruptcy, the voluntary warranty usually expires, but the heat pump can continue to be operated and maintained. Spare parts are often still available from third-party providers. The statutory warranty remains unaffected as it applies to the installer. It is important that you check the scope of the warranty and act in good time, especially if you need spare parts or imminent failure.

Here's how to proceed:

1. Check warranty conditions: Read the warranty documents carefully. Some manufacturers issue guarantees through third parties or insurers. In this case, benefits could continue to exist.
2. Secure remaining stocks and spare parts: Find out early on whether important spare parts (e.g. refrigerant compressor, control unit) are still available. Many wholesalers or independent HVAC companies have stocks or compatible parts.
3. Organize third-party maintenance: Even without manufacturer support, maintenance can be carried out by independent or certified specialist companies. They can test the system and keep it running.
4. Check contact with the insolvency administrator: If the company is officially bankrupt, an insolvency administrator can provide information on remaining warranty services or service points.
5. Research a successor company or buyer: Some manufacturers or brands are taken over by other companies. They often continue to offer support or goodwill arrangements.
6. Research alternative spare parts: There are universally usable components for many heat pumps. HVAC specialist companies know suitable alternatives or modifications.
7. Save documentation: Secure serial number, type plate, user manual, and service records. This information helps identify spare parts and provide technical support.
8. Plan a long-term solution: If there are no more spare parts and the heat pump is faulty, retrofitting or replacing it should be considered in good time.

What happens with warranty and warranty?

The legal warranty remains valid if the installer was the contractual partner, even in the event of insolvency of the manufacturer. The voluntary manufacturer's warranty usually expires upon insolvency, unless it was covered by third parties (e.g. insurance). The decisive factor is therefore whether it is a legal obligation (warranty) or a voluntary service (guarantee) and with whom the contract was concluded.

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Why do bankruptcies occur?

Bankruptcies often result from a combination of high demand, staff shortages, material shortages and financial miscalculation. Many companies are growing too fast, can no longer process ongoing orders or have to wait a long time for funding. Inflation, rising interest rates and strong competition are also weighing on crafts and industry.

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How can you protect yourself?

With the right preparation, you can significantly reduce financial risks in the event of a possible insolvency of the manufacturer or installer. Careful contract drafting, insurance coverage and the selection of reliable partners are crucial.

• Make payments only in stages: Do not make a full advance payment before completion
• Check or request completion insurance: Protects you when work is interrupted
• Select contract partners carefully: Prefer established or certified companies
• Secure warranty conditions in writing: Provides clear rules on warranty period and scope
• Conclude a maintenance contract with a third-party provider: Also available regardless of manufacturer
• Documenting regular maintenance: For subsequent claims or warranty issues
• Retain technical documentation and serial number: Makes it easier for you to procure spare parts

Conclusion: What to do in the event of a heat pump bankruptcy?

In the event of a heat pump insolvency, it is important to remain calm and proceed in a structured manner. While the legal warranty continues in the event of installer insolvency, the manufacturer's warranty usually does not apply. However, spare parts and maintenance are often available via third-party providers. Anyone who secures documents, checks insurance and obtains legal advice can limit damage. You can significantly reduce future risks through payments in stages, reliable partners and maintenance contracts.

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