In the event of a fault, is it the warranty that applies or a deduction from the maintenance budget?

Partagez cet article

Articles À la Une

When you order specific IT developments from a service provider, faults commonly occur at various stages of the relationship:

# during the design phase, which can be corrected as development progresses
# during acceptance testing, which are subject to reservations which must be corrected to ensure that the deliverable is compliant
# after production, when the tool is actually in use.

We often see that software design contracts are immediately supported with a maintenance contract that takes effect as soon as the tool goes into production, and naturally if the customer encounters difficulties will call on the maintenance service and the repairs will be deducted from its maintenance budget (and therefore paid for).
However, it is clear from the contracts that the software is subject to a warranty period… The service provider should therefore remedy design faults during this period, free of charge and without deducting the time spent from the maintenance budget.

The MIIP – MADE IN IP teams are at your disposal to check the existing contractual provisions with your service providers.

Charlotte Urman – Trademark Attorney