Since the warranty rights are based on the general contract of employment law, the funds listed here must also be used.
Until the acceptance, the software orderer can refuse acceptance of the software due to a defect, unless the defect of the software - which the factory contractor has to explain in response to the complaint of the works orderer - is insignificant according to § 640 para. 1 S. 2 BGB. This can open up a large spectrum of defects in individual software. However, only if the contracts are sufficient and reasonably written according to the purpose of the contract. Otherwise, it is to be expected that the contractual relationship will be disturbed and the creation of the desired software will be delayed or no longer carried out. At least that is our practical experience in this area.
After the acceptance the rights of the software applicator according to § 634 Nr. 1 to 4 BGB come into consideration. Here, the preceded applies even more. Because now it is the software orderer, which must prove any defects. The requirements for this are quite high.