Like Tree15Likes

Software Sales - Company wants partial refund

Closed Thread
Page 1 of 2 1 2 LastLast
  1. #1

    Software Sales - Company wants partial refund

    Hi,

    I'm looking for a paid consultation on the following:

    HK company sold a software with the source code to an Australian company. After 6 months Australian company thinks that they don't need this anymore and requests 25% refund claiming that software is slower than expected.

    Can someone who knows about such software issues listen the problem with details and give an advise ?


  2. #2

    Join Date
    Apr 2003
    Location
    Hong Kong
    Posts
    3,988

    probably easier to hire a lawyer to review any holes in the sales contract, that will help establish if you have any liability or not.

    expat2016 and MandM! like this.

  3. #3

    JAherbert,

    Thank you very much for your reply.
    Yes of course. Can you recommend someone ?

    Last edited by expat2016; 27-06-2019 at 01:54 PM.

  4. #4

    Join Date
    Apr 2003
    Location
    Hong Kong
    Posts
    3,988
    Quote Originally Posted by expat2016:
    JAherbert,

    Thank you very much for your reply.
    Yes of course. Can you recommend someone ?
    Sorry, I dont have any recommendation. there are countless property lawyers in town, be sure your lawyer has solid contract experience.
    expat2016 likes this.

  5. #5

    Join Date
    Dec 2002
    Location
    θ–„ζ‰Άζž—
    Posts
    47,971

    Would also help if you can read your contract with the australian company and if it has a line or two in there about what jurisdiction the contract is valid under.

    jrkob, expat2016 and MandM! like this.

  6. #6

    Join Date
    Feb 2011
    Location
    Hong Kong
    Posts
    6,317

    Are you the HK company? Do you have a contract? I have bought software and would never expect that I could get a refund if I wasn't happy. Yet I'd test the heck out of it before I pay.

    expat2016 likes this.

  7. #7

    MandM,

    Thank you for your comment.

    Yes, a HK company. I think the real reason is that their higher management don't want to deal with HK company and looking for a reason to get rid of the software. Before the order they've tested it for about 6 months.

    There is a contract, I've sent it prior to the payment, but it is not signed by them.
    There is no word about contract jurisdiction.


  8. #8

    Join Date
    Feb 2011
    Location
    Hong Kong
    Posts
    6,317

    Is it fully paid for? Is there a monthly maintenance fee?

    I'm assuming they paid for it, you gave it to them, suddenly 1 year after they first used it they want a 25% refund. No contracts signed.

    I'd ignore them and move on. Unless you want to maintain a relationship then offer to apply a discount or credit towards future services. Now you can amend your contracts to take into account these scenarios

    Lesson learned.

    JAherbert, expat2016 and jrkob like this.

  9. #9

    Join Date
    Apr 2003
    Location
    Hong Kong
    Posts
    3,988
    Quote Originally Posted by expat2016:
    There is no word about contract jurisdiction.
    wow, its contracts 101, even free templates have it, if you write the contract you control the governing law and jurisdiction, you can even avoid legal action requiring settlement through arbitration.
    expat2016 and MandM! like this.

  10. #10

    Join Date
    Dec 2013
    Location
    Hong Kong
    Posts
    12,323
    Quote Originally Posted by expat2016:
    Hi,

    I'm looking for a paid consultation on the following:

    HK company sold a software with the source code to an Australian company. After 6 months Australian company thinks that they don't need this anymore and requests 25% refund claiming that software is slower than expected.

    Can someone who knows about such software issues listen the problem with details and give an advise ?
    I sent you a PM with a recommendation of an Australian lawyer we use for legal work, based in HK.
    expat2016 and hin23leung like this.

Closed Thread
Page 1 of 2 1 2 LastLast