Viewing 10 posts - 1 through 10 (of 10 total)
  • A consumer rights question… (legal people please?)
  • simonb512
    Free Member

    Ok its a little complicated, but I’m trying to understand if this guy is just trying it on, or we’ve suddenly got it wrong.

    4months ago we sold a company in Ireland some software. Software is produced by a company in the US.
    They now say they are trying to re-install said software and having some difficulties. However they did not purchase support.

    The software companies EULA states:

    WARRANTY DISCLAIMER. <company> DOES NOT WARRANT THAT THE PRODUCT WILL MEET
    YOUR REQUIREMENTS OR THAT ITS OPERATION WILL BE ERROR-FREE. STEELEYE EXCLUDES
    AND EXPRESSLY DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES NOT STATED HEREIN,
    INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
    PARTICULAR PURPOSE.

    It goes on about damages etc which is the usual stuff.

    So the question is where do we stand when said company is saying we need to fix his problem as he as a ‘legal right to a 12month warranty’?

    We are under the impression that this is not applicable to software (there was no physical media, it was downloaded from the states by the customer). Im not sure why we are under this impression though.

    Any ideas please?

    uplink
    Free Member

    B2B stuff won’t come under any consumer laws I wouldn’t have thought
    As they’re also in another country, there may be other difficulties for them claiming anything

    donsimon
    Free Member

    There is such a thing as unfair T&Cs too. Best get in touch with a real person who can demonstrate they know what they’re talking about rather than a bunch of unknown rank amateurs.

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    the-muffin-man
    Full Member

    How much actual work is involved to help them out? You could spend more time and money arguing a principal than the cost to sort it.

    And also there’s the future business to think of – I’m not sure I’d deal with a company again if they weren’t prepared to help with what appears to be a minor issue.

    cynic-al
    Free Member

    You sold them the software – what are the T&C of that contract?

    Would it be Irish or English law applying?

    simonb512
    Free Member

    We have helped them a lot over the past four months. In terms of man hours we’ve easily lost double our margin. All because the management caved.

    We made them aware that under normal circumstances the first years support was mandatory. They refused the support and the software company agrred on the basis of guaranteed repeat business which has showed no sign of appearing except when they want support.

    I appreciated that without all the detail it may seem that we are the bad guys. However I can honestly say that if we stuck to our guns of mandatory support for year one, then we wouldn’t be in this mess.

    But throwing consumer rights around, saying its not fit for purpose when it has worked for the past near 4 months. All previous support calls for them were more consultancy than fixing things. Isn’t really fair on us.

    Not worded well, and as its a forum im bound to be made out to be the bad guy,but I just want to know if they can demand to return software that has worked and they broke via not knowing what they are doing with it.

    retro83
    Free Member

    Did you sell them software or sell them a licence ?

    TheFunkyMonkey
    Free Member

    Draw a line and make them buy the support package.
    If you buy a copy of norton from pc world and it crashes your system, what do you think pc world are gonna do? Shrug shoulders or spend hours sorting the problem.

    No support package, no support. I think your management are mugs for starting it off in the first place,the precedent has been set.

    bassspine
    Free Member

    refer them to the software’s authors?

    IanMunro
    Free Member

    Is it one of those bits of software that doesn’t really work properly when it’s sold, and then the customer/mug is expected to pay extra to the supplier to make it work?

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