The following is not meant to be legal advice.
Is it necessary to relate in technology agreements that warranties implied by law are excluded? Can implied warranties be excluded anyway? Why exclude implied warranties if they are already implied by law? Such are some of the questions to ask when reviewing warranty provisions.
Other issues that arise are addendums requesting additional clauses after a main agreement is signed. Usually a company may sign such addendums if it does not have much choice, such as when it is dealing with an education or university entity and does not have the bargaining power to negotiate. If a company cannot comply with the terms because of infrastructure reasons, or the provisions alter financial commitments, such as clauses on funding out, the company may strike the terms or ask the finance department for language that allows the company to book the financial commitment. Sometimes the customer may say that the addendums are required by statute. The company may research or request a copy of the statute as a courtesy for review.
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