Common use of Reporting of Defects Clause in Contracts

Reporting of Defects. If the Customer observes (suspected) defects in the Software, they shall be reported to the Supplier’s issue- and feature request system, following which the Supplier shall render assistance in diagnosing and remedying any reported defects. The Customer’s report must at least contain the following information: • Software version no. • Description of (suspected) defect, including action taken and subsequent response • Severity of (suspected) defect • Possible annexes for clarification of the defects (e.g. screen prints, calculation logs) • Time of observing the (suspected) defect • The Customer relevant contact person Defects shall be finally categorised by the Supplier, taking into account input from the Customer, provided that both parties shall act reasonably and in good faith in making such categorisation. If the Customer erroneously reports a condition as being a defect, and it subsequently turns out that the Customer’s reporting is due to lack of training or incorrect use, which cannot be attributed to circumstances relating to the Supplier, the Supplier shall be entitled to charge a reasonable fee for dealing with the Customer’s request. However, the right to an additional fee shall not take effect until the Supplier provides notice to the Customer of the fact that the issue is outside of the Supplier’s contractual obligations and the Customer agrees to have the Supplier perform the additional work.