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Slide 19 of 25 -- Scroll down for more text
Similarly, we have a new rule that says that if you select, develop or furnish software for a customer who relies on your judgment, you are making an implied warranty that the software is fit for the customer's use.
As a customer's advocate, I like this - in principle. But what if the customer won't give you enough time to research the customer's requirements, or won't or can't articulate those requirements, so you guess wrong. Should you always be on the hook?
Current law says that you should do a workmanlike job under those circumstances. You should provide reasonable and reasonably competent services and you should work diligently. But in custom services under current law, you are not necessarily required to get it right.
Again, the big kids will be able to routinely disclaim this warranty. Will you?
Created before October 2004
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