Warranty of IT in Germany
Depending on the contractual element, the agreement may be subject to commercial, contractual, or leasing/atypical characteristics.
The warranty in purchase law begins with the question of whether a (material or legal) defect exists. Deficiency here, means a sort of deviation of the desired services from the actual characteristics. Particular quality characteristics have been agreed at the moment of the purchase. If a function which has been agreed upon is missing, there is a functional error / lack of function. As a rule, this error is delimited by an operating error. Another typical deficiency is the lack of bandwidth, i.e. a deviation of the agreed speed from the actual typically due to missing bandwidth. In this respect, many other causes are also possible. One of the most common errors is the lack of/missing documentation. Not respected promises are also a considered a frequent defect, whereby the advertised characteristics of a particular product are sometimes blurred. In the hardware / telecommunication sector, building defects (such as, for example, fans too loud / connection errors) are also really common.
Even if a deficiency exists, the legal situation is not always and directly clear; (E.g. supplementary performance, rescission, reduction, reimbursement of expenses, and compensation for damages, up to insolvency law cases).
In IT-cases, a (private or judicial) expert’s report is often necessary. We are familiar with IT-Law and we collaborate with qualified experts on a regular basis. For example, long-term disputes can often be avoided by means of short-term evaluations.
Please contact us for any further questions regarding this topic. You can count on our expertise