Warranty for Software (Fixed Price Contract)

[Amar]

Guys,

Thanks for the advice earlier. I am currently writing a proposal/quotation to the client. Can you please advice me on the three things below:

1) What would be the warrenty for a software application? Currently I have lifted the paragraph below from pcg contract template:

The Consultancy shall be responsible for correcting any defective Services or Deliverables at its own cost and in its own time, provided that such defects are notified to the Consultancy by the Client one month after the Services are otherwise complete. It is the Client’s responsibility to afford the Consultancy reasonable opportunity to so rectify any defective Services / Deliverables.


Since its a Fixed Price contract, I need to make sure that I dont end up supporting this app which i develop for free months after the testing.

2) What point should I raise the invoice, as I am going to change the client once the work is complete and tested?

3) I am now a PCG plus member, does their legal helpline provide this kind of advice (software related matters) or is it just generic contract law?

Thanks in advance.

[Amar]

I just re-read this and it says any defects which are notified after one month. So If I have 2 bugs notified and then I fix them. Does the above paragraph means that any bug after that would not fall under warrenty?

[TheFaQQer]

1) What would be the warrenty for a software application? Currently I have lifted the paragraph below from pcg contract template:

The Consultancy shall be responsible for correcting any defective Services or Deliverables at its own cost and in its own time, provided that such defects are notified to the Consultancy by the Client one month after the Services are otherwise complete. It is the Client’s responsibility to afford the Consultancy reasonable opportunity to so rectify any defective Services / Deliverables.


Since its a Fixed Price contract, I need to make sure that I dont end up supporting this app which i develop for free months after the testing.

I prefer "...provided that such defects are notified to the Consulancy by the Client in writing no later than one month after the Services are otherwise complete".

2) What point should I raise the invoice, as I am going to change the client once the work is complete and tested?

If you are only having one milestone payment (complete and tested) then issue the invoice either (a) when the client is satisfied, or (b) one month after delivery.

3) I am now a PCG plus member, does their legal helpline provide this kind of advice (software related matters) or is it just generic contract law?

Dunno - ask the PCG

[TheFaQQer]

I just re-read this and it says any defects which are notified after one month. So If I have 2 bugs notified and then I fix them. Does the above paragraph means that any bug after that would not fall under warrenty?

Correct - you agree to fix any bugs raised in the timescale. Although it is not unreasonable to expect that if the client can prove that it worked before and doesn't work now, then that is something that you should also fix (i.e. your new fix broke something else)

[Amar]

lol thanks