I signed a contract for my company to use someone's software to integrate with our warehouse sending orders from our office to our warehouse electronically. We established after a delay of 5 months after signing, after our software developer got involved, that is not suitable for us unfortunately. I wrote to the provider and initially explained and would they kindly raise a credit note. After they said no, I suggested a payment of £400 to cover commission to the salesman and some man hours spent with emails back and forth.The total invoice is £3815. But all of this are parts of the service we will not use at all. They would only be costs to the provider if we actually install and start using the services. I could not say it is not fit for purpose, but we have established it is not the best way for us to proceed.They have now come back with a 50/50, which to put it behind me I am willing to accept, but despite having signed their terms, and passed a cooling off period, as we are not using their installation, testing, bespoke work services or registering their software and the licence for number of transactions at all, would I be within my rights to push them a bit harder on the settlement?Many thanks, Robin
System of Law: England-and-Wales
a settlement of £400 against the value of the invoice to us of £3815
Did they say anything misleading at the point of sale?
HiThank you for your question and welcome to Just Answer. I will try to help with this.Law Denning asked me to look at this as he's not going to be able to get it!I'm really sorry but its fairly bad news. Come what may, you agreed to this and they have provided the product. It matches it description and there is no misrepresentation arising from what was said at the time of sale.The only real issue is that it isn't the best product for your particular purpose. If you made that purpose clear to them at the time of sale and this software just doesn't perform that purpose then there might be an argument that its not fit for purpose arising from that. However, I don't think thats what you are saying here. Its not that it doesn't work at all. Its just not the best which is not being unfit for purpose I'm afraid.If they've provided the software to you then they have clearly supplied consideration for the contract and you are liable to pay the price I'm afraid. If you've paid already then there is no way out as you have no basis upon which to sue. If you havent paid yet then they may be willing to negotiate as they will not want to spend manpower on suing you but you are likely to have to offer more than 50/50. Its important to understand that if they went to court they would get the entire price plus interest and costs.Sorry thats probably not the answer you wanted but it is the position that you face and I have a duty to inform you truthfully.Hope this helps. Please remember to rate my answer and provide feedback and then I will give you related information for free. Your question will not close but I will thereafter give you follow up information at no extra cost.
Bar Exams, over 5 years in practice.
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