In an ERP software contract, there is a substantive difference between a warranty obligation and maintenance and support.
- Having one does not negate the need for another.
- ERP software warranties are for a limited duration. When that warranty period starts is critically important.
- ERP software warranties are also warranties of reference. A typical warranty will obligate the vendor to provide services in accordance with generally accepted standards or software in accordance with “the documentation.”
What those standards are and what the documentation includes is critically essential.
- As a customer, you want to ensure that the scope of “documentation” is broad enough to include pre-contract representations of functionality and operability.
- You also want to ensure you have reviewed the documentation and understand what the vendor means by “generally accepted industry standards.”
- If you need to enforce a warranty obligation, these terms have less meaning than you might expect.
For every warranty obligation the ERP vendor has, you need to ensure the ERP software vendor has a responsibility to remedy that breach.
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