Geekzone: technology news, blogs, forums
Guest
Welcome Guest.
You haven't logged in yet. If you don't have an account you can register now.




21551 posts

Uber Geek

Trusted
Lifetime subscriber

# 183791 30-Oct-2015 11:05
Send private message


We have a 3 year contract for software with a vendor. It has not worked well, and they have not offered us the support promised in that time. 

We told them we wanted to terminate the contract nearly 18 months ago, and the executive team had a conference call promising they would fix the issues and we wouldn't pay any more until they were all fixed. They gave us a bunch of free consulting
time which didn't end up happening because they said the product didn't do what we had been told. That process took 12 months, though they told us we had to start paying again after 3 months.

We have continued to wait for them to fix the issues, but it's now nearing the end of the contract, and we have gone back to say we would like another 3 month credit which they have refused. This basically is to make the product "most cost effective" which partially reflects functionality which doesn't exist nor likely ever will.

We are wondering on our legal options. One option for us is to tell them we now need to go back to the discussions of 18 months ago, and refund us the monies paid and the interest on those monies. They keep just saying they won't issue us the credits we had asked for.
The other is a complete refund of the product.

Anyone here had any experience with legal action internationally? Ideally USA specifically? 

I understand I will likely need to consult a lawyer at some stage, but I was keen to know if anyone had done this etc.

We believe we have proof of a fundamental breach of contract. We also believe we were mislead as to key functionality that doesn't work as was described.

Create new topic
3023 posts

Uber Geek

Lifetime subscriber

  # 1416893 30-Oct-2015 11:50
One person supports this post
Send private message

The obvious thing is to immediately stop paying them. This will focus their minds on your problem. So long as you keep paying, *they* have no problem.




21551 posts

Uber Geek

Trusted
Lifetime subscriber

  # 1416898 30-Oct-2015 11:59
Send private message

frankv: The obvious thing is to immediately stop paying them. This will focus their minds on your problem. So long as you keep paying, *they* have no problem.



We have stopped paying them, but they have said they will switch our system off remotely if we don't complete our contract.

I have yet to re-involve the CEO again, because if he stands by the stance of his finance department, we are forced to litigate, which depending on cost/complexity could be a serious problem.


 
 
 
 


5125 posts

Uber Geek

Trusted
Subscriber

  # 1416941 30-Oct-2015 12:23
One person supports this post
Send private message

networkn:


Anyone here had any experience with legal action internationally? Ideally USA specifically? 



Consulting with your legal people would be step no. 1. But your contract should have a clause in it somewhere which specifies this. For example, it should say that the contract shall be bound by New Zealand law, and that disputes shall be settled in New Zealand courts (or at a binding arbitration or under US law in a US court ... etc.). In summary: your contract should already tell you what your legal options are.

We (speaking from my experience with negotiations with our vendors) would typically write our contracts to specify that everything shall be bound by New Zealand law and the New Zealand courts. But we are big enough to have an in-house legal team to hold our hands. If you signed a boilerplate license agreement with a US company then it's probably the other way around - you might even be disarmed near completely if they are a really big company.

Anyway -- talk to a lawyer!




iPad Pro 11" + iPhone XS + 2degrees 4tw!

 

These comments are my own and do not represent the opinions of 2degrees.


5125 posts

Uber Geek

Trusted
Subscriber

  # 1416942 30-Oct-2015 12:25
Send private message

networkn:
frankv: The obvious thing is to immediately stop paying them. This will focus their minds on your problem. So long as you keep paying, *they* have no problem.



We have stopped paying them, but they have said they will switch our system off remotely if we don't complete our contract.

I have yet to re-involve the CEO again, because if he stands by the stance of his finance department, we are forced to litigate, which depending on cost/complexity could be a serious problem.



You should also be careful with this no-pay tactic unless your contract spells out specific circumstances in which you are entitled to do so. From the courses they make us take every year I seem to remember it being unlawful to not hold up your end of the contract even if you can prove the other guy isn't holding up his.




iPad Pro 11" + iPhone XS + 2degrees 4tw!

 

These comments are my own and do not represent the opinions of 2degrees.


gzt

10982 posts

Uber Geek


  # 1419358 2-Nov-2015 22:48
Send private message

Networkn: Suing a American Company

No experience. But check your agreement. You may have given up that right already. A growing number specify binding arbitration.

Create new topic



Twitter and LinkedIn »



Follow us to receive Twitter updates when new discussions are posted in our forums:



Follow us to receive Twitter updates when news items and blogs are posted in our frontpage:



Follow us to receive Twitter updates when tech item prices are listed in our price comparison site:





News »

Intel introduces cryogenic control chip to enable quantum computers
Posted 10-Dec-2019 21:32


Vodafone 5G service live in four cities
Posted 10-Dec-2019 08:30


Samsung Galaxy Fold now available in New Zealand
Posted 6-Dec-2019 00:01


NZ company oDocs awarded US$ 100,000 Dubai World Expo grant
Posted 5-Dec-2019 16:00


New Zealand Rugby Selects AWS-Powered Analytics for Deeper Game Insights
Posted 5-Dec-2019 11:33


IMAGR and Farro bring checkout-less supermarket shopping to New Zealand
Posted 5-Dec-2019 09:07


Wellington Airport becomes first 5G connected airport in the country
Posted 3-Dec-2019 08:42


MetService secures Al Jazeera as a new weather client
Posted 28-Nov-2019 09:40


NZ a top 10 connected nation with stage one of ultra-fast broadband roll-out completed
Posted 24-Nov-2019 14:15


Microsoft Translator understands te reo Māori
Posted 22-Nov-2019 08:46


Chorus to launch Hyperfibre service
Posted 18-Nov-2019 15:00


Microsoft launches first Experience Center worldwide for Asia Pacific in Singapore
Posted 13-Nov-2019 13:08


Disney+ comes to LG Smart TVs
Posted 13-Nov-2019 12:55


Spark launches new wireless broadband "Unplan Metro"
Posted 11-Nov-2019 08:19


Malwarebytes overhauls flagship product with new UI, faster engine and lighter footprint
Posted 6-Nov-2019 11:48



Geekzone Live »

Try automatic live updates from Geekzone directly in your browser, without refreshing the page, with Geekzone Live now.


Support Geekzone »

Our community of supporters help make Geekzone possible. Click the button below to join them.

Support Geezone on PressPatron



Are you subscribed to our RSS feed? You can download the latest headlines and summaries from our stories directly to your computer or smartphone by using a feed reader.

Alternatively, you can receive a daily email with Geekzone updates.