Download PDF by Jeremy Holt; Jeremy Newton; Sarah Ellacott; Andrew Katz;: A Manager's Guide to IT Law

By Jeremy Holt; Jeremy Newton; Sarah Ellacott; Andrew Katz; Jean Morgan; All authors

ISBN-10: 1906124264

ISBN-13: 9781906124267

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In the worst case, where the third party exercises its rights in such a way as to prevent the buyer using the goods at all, the buyer’s damages will be assessed as the cost of buying a replacement, in effect returning the original purchase price. 13). This description can take many forms: a standard printed specification, an agreed user requirements specification, and claims made by the sales force or set out in the manufacturer’s publicity material. 14). ‘Satisfactory quality’ means that the goods meet the standard that a reasonable person would regard as satisfactory, taking account of any description of the goods, the price (if relevant) and all the other relevant circumstances.

E. if ... then ... e. if there are more than five examples of ... then ... ). The functions of such compensation systems vary from simply drawing attention to a problem to compensation for loss. Compensation for loss is difficult to quantify and, if it is excessive, will be unenforceable by a court. In practice, the right to withhold payment is a valuable weapon. The end (or slowing down) of payments into the supplier’s accounts department is likely to put pressure on the supplier. Escalation clauses are undervalued and should be more widely used.

Some clients argue that they should start from the end of the warranty period for the software. However, it is now generally accepted that they should begin from acceptance of the system, as warranty and support are separate matters. ● Scope of maintenance services. Maintenance or support will normally cover the investigation by the supplier of errors in the system reported by the client as well as updated documentation and telephone or, more frequently nowadays, online advice. It will, in most cases, cover updates to the software (but not necessarily new versions of the software).

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A Manager's Guide to IT Law by Jeremy Holt; Jeremy Newton; Sarah Ellacott; Andrew Katz; Jean Morgan; All authors

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