Legal Question in Technology Law in California

Software

I purchased an expensive auction software from a CA company, (using a credit card), which was advertised as "completely customizable", but the admin section does not work properly. After trying unsuccessfully by phone and by e-mail to get it fixed by the supplier I have called the CC company to dispute the charges. I want to keep the program if it can be fixed. Can I get a third party to fix it and deduct the cost from the purchase price?


Asked on 7/31/00, 1:00 pm

1 Answer from Attorneys
Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: Software

You must first give the software purveyor an opportunity to correct the problem. Also, be sure to read the terms of the warranty which accompanied the software to see what restrictions of liability there may be, and also be sure you have complied with all license requirements.

After all else has failed, either return the software or have it repaired by another and deduct the costs of repair from your payment.

Be sure you document your every action from this point forward.

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Answered on 9/19/00, 3:10 pm


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