In February 2022, a cleaning lady from Mamiexpress (Interflexio AG) irreparably destroyed our kitchen surface. When this happened, the cleaning lady left at 16:00, and I saw the damage at 16:47 and immediately took photographs.
An expert and a kitchen company assessed the damage and estimated the repair costs at CHF 20,000.
Over six months later, after we hired a lawyer, we settled with their insurance company for CHF 16,000.
In the email exchange between our lawyer and the insurance company, we expressed our expectation that Mamiexpress (Interflexio AG) would not insist on us having to pay the final cleaning bill. Mamiexpress (Interflexio AG) was cc'ed into the emails and did not dispute this at the time.
Quote from the email:
"Im Gegenzug wird Ihre Versicherungsnehmerin gebeten, auf die noch offene Rechnung zu verzichten respektive diese zu stornieren."
Therefore, we believed we had an agreement. Only after we received the money from the insurance company did they insist that we pay the bill, including the time the cleaning lady caused the damage.
They argued that they never agreed to cancel the invoice. To explain why they insist on us paying the bill, they cited a passage from the chain of emails in which our lawyer states that we consider all claims of both parties balanced by the payment from the insurance company; see screenshot. However, in their opinion, the bill is not included in those claims despite the phrase "all mutual claims".
Quote from the email:
"Mit Erhalt der Zahlung betrachtet meine Mandantschaft den Schadenfall gegen Ihre Versicherungsnehmerin ebenfalls per Saldo aller gegenseitigen Ansprüche als abgeschlossen."
This is an example of the arguments that we had to deal with over the past six months.
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