Warranty Date: 12 months after termination date

[lnbo]

Hi everyone,
First time posting here so please, bear with me.

I have got now my first contract as a limited company contractor through an agency and a lot of questions with regards to the T&Cs of the contract they have proposed.

I have subscribed for the Contractor Guardian service with Bauer & Cottrel but am concerned that these reviews are more focused on IR35 rather than analysing the contract from a legal point of view.

That being said, I wanted to gather the forum's opinion on the following clause:

(c) promptly and without charge correct any defective works carried out by it provided that such defects are notified to the Supplier by the Agency no later than the Warranty Date

whereas Warranty Date is defined as "12 months after Termination Date".

Does 12 month sound reasonable for a warranty date?

I think another poster had a similar clause where warranty date was 1 month only.

[cojak]

Hi everyone,
First time posting here so please, bear with me.

I have got now my first contract as a limited company contractor through an agency and a lot of questions with regards to the T&Cs of the contract they have proposed.

I have subscribed for the Contractor Guardian service with Bauer & Cottrel but am concerned that these reviews are more focused on IR35 rather than analysing the contract from a legal point of view.

That being said, I wanted to gather the forum's opinion on the following clause:

(c) promptly and without charge correct any defective works carried out by it provided that such defects are notified to the Supplier by the Agency no later than the Warranty Date

whereas Warranty Date is defined as "12 months after Termination Date".

Does 12 month sound reasonable for a warranty date?

I think another poster had a similar clause where warranty date was 1 month only.

Bauer & Cottrell ARE IR35 only, they are not contract lawyers.

As for your warranty - you are right, 12 months is way too long. If you accept that they have got free support for the year.

If you accept it, it should be no more than 30 days tops.

[radish2008]

Bauer & Cottrell ARE IR35 only, they are not contract lawyers.

As for your warranty - you are right, 12 months is way too long. If you accept that they have got free support for the year.

If you accept it, it should be no more than 30 days tops.

Totally agree. 12M is way, way too long. I think the longest I've given is 30 days. Once contract I had gave 16hrs max over 30 days after termination. I think there's a bit of variety out there.

[TheCyclingProgrammer]

12 months seems way to long, especially if we're talking about software development. Software is normally under constant development and over 12 months I would say it is unreasonable for defects that occur that far down the line to be your responsibility unless it can clearly be shown, through commit logs etc. that you've made a mistake.

My contracts stipulate that any defects need to be notified within 1 month.