Let’s talk about remedies for software warranties in the #SaaS context.
The typical contract will also describe what remedies are available to the customer if the software doesn’t work. The supplier will attempt to fix or replace the software at no additional charge, or if it cannot do so, the customer has the right to terminate the contract. Also, the contract may explicitly state that these are the only remedies available to the customer.
As the customer your thought process goes something like this:
– the supplier has support obligations under the contract to fix any issues, so the fix/replace portion is not really a remedy
– the contract (typically) has a termination right for breach of contract (including any warranties), so again, an out clause is not a remedy
– under contract law, the customer would typically be entitled to damages it suffered for a warranty breach – that’s not reflected in the supplier’s proposed remedies.
So – if you are the customer, how would you handle this?