In the context of rapid digital transformation, software has become an essential tool in business and management activities. However, software bugs still frequently occur, affecting work progress, data integrity, and user experience. In practice, most disputes related to software bug fixes arise from the lack of clear contractual provisions on warranty, maintenance, and acceptance procedures between the parties.
In the context of rapid digital transformation, software has become an essential tool in business and management activities. However, software bugs still frequently occur, affecting work progress, data integrity, and user experience. In practice, most disputes related to software bug fixes arise from the lack of clear contractual provisions on warranty, maintenance, and acceptance procedures between the parties.
I. The need for requests for software bug fixes
In software supply activities, technical errors are inevitable. Therefore, the right to request a software bug fix is a legitimate right of the customer to ensure product quality and the proper performance of the supplier’s contractual obligations.
II. Understanding requests for software bug fixes
To clarify the rights and obligations of the parties, it is necessary to determine under what circumstances a request for software bug fixes may be made and whether specific legal conditions are required.
1. Is there a legitimate reason required when requesting a software bug fix?
A request for a software bug fix must be based on legitimate reasons, as this is essential for identifying and effectively resolving issues, ensuring stable system performance. It also helps developers understand the root causes of errors, prioritize critical fixes, and optimize time and resources.
2. What legal issues may arise from requests for software bug fixes?
The legal issues that may arise from software bug fix requests include:
- Disputes over the cause of the error (whether due to the software or user error);
- Disputes over the duration, cost, or scope of warranty;
- Violations of contractual dispute resolution measures under Article 292 of the Law on Commerce 2005 (regarding contractual sanctions for breach).
III. Relevant legal provisions on requests for software bug fixes
Requests for software bug fixes are not only governed by the parties’ agreement but also regulated by current laws, which define the rights, obligations, and sanctions for non-performance.
1. What should be done if the supplier fails to fulfill the request for a software bug fix?
If the supplier fails to fulfill the request for a software bug fix, it constitutes a breach of obligation under Clause 1, Article 351 of the Civil Code 2015, which provides that a party who fails to perform its obligation must take civil liability to the obligee (except in cases where the warranty period has expired under Article 30 of the Law on Protection of Consumer Rights 2023, or where the customer’s request is unreasonable).
Accordingly, the obligee may request the supplier to continue performing the obligation, hire a third party to fix the software or fix it themselves at the supplier’s expense; or claim damages or terminate the contract depending on the agreement or relevant laws (Articles 297 and 302 of the Law on Commerce 2005). If the contract is terminated, the parties must return what they have received, except for provisions on sanctions and compensation (Article 427 of the Civil Code 2015).
2. Is it necessary to have a written request when demanding software bug fixes?
Under Article 119 of the Civil Code 2015, civil transactions may be established verbally, by conduct, or in writing. However, in commercial practice, written documents (paper or electronic) serve as an important legal basis for determining liability, especially in dispute resolution. Therefore, software bug fix requests should be made in writing to protect the rights of both parties.
3. If the product still has errors after fixing, is the customer entitled to compensation?
If the supplier fails to rectify the errors after a bug fix request, the injured party is entitled to claim damages for defective products under Article 34 of the Law on Protection of Consumer Rights 2023.
The compensation amount includes the actual value of the losses suffered and the direct profits the injured party would have earned had the breach not occurred (Clause 2, Article 302 of the Law on Commerce 2005).
IV. Common questions regarding requests for software bug fixes
In practice, the process of requesting software bug fixes often gives rise to various specific situations. Below are common questions and corresponding legal guidance.
1. Does a request for software bug fix apply to software beyond the warranty period?
A request for a software bug fix may apply to software beyond the warranty period if the parties have agreed to such a request in the contract, since enterprises are only obligated to provide warranty services during the agreed warranty period (Article 30 of the Law on Protection of Consumer Rights 2023).
Consumers have the right to request the seller to complete the repair within the agreed time or a reasonable period. If the seller fails to repair the defect or complete the repair within that time, the buyer may request a price reduction, exchange for a non-defective product, or return the product and receive a refund (Clause 3, Article 448 of the Civil Code 2015).
2. How should developers handle repeated unreasonable bug fix requests from customers?
If customers repeatedly submit unreasonable bug fix requests, the developer may refuse them, as such requests fall outside the agreed contractual scope. The obligor is only required to perform within the agreed scope of obligation and may refuse excessive or unreasonable demands.
3. Is the supplier liable to a sanction if the bug fix causes service interruption?
The supplier may be subject to sanctions if the software bug fix causes service interruption. The sanction rate for breach of contractual obligations is determined by the parties but shall not exceed 8% of the value of the breached obligation (Article 301 of the Law on Commerce 2005).
If damages arise from the breach, the obligor must compensate for all losses (both material and non-material). The parties may agree that the breaching party shall be subject only to sanctions without compensation, or both of them, unless otherwise provided by law (Articles 360, 361, and 418 of the Civil Code 2015).
4. Is an acceptance procedure required after software bug fixes?
An acceptance procedure after software bug fixes is necessary to confirm that the errors have been corrected in accordance with the request and that product quality is ensured. Such a process helps verify system stability before delivery and use.
5. What are the remedies if the supplier cannot complete the software bug fix request?
If the supplier cannot complete the bug fix request, possible remedies include replacing the product with a similar one or recalling the product and refunding the consumer (Point d, Clause 2, Article 30 of the Law on Protection of Consumer Rights 2023).
V. Are you seeking a reliable legal expert for issues related to software bug fix requests?
Disputes involving software bugs are often complex, requiring expertise in information technology, commercial contracts, and intellectual property rights. Therefore, NPLAW assists clients with:
- Drafting and reviewing software warranty and maintenance clauses;
- Advising on the process of bug fix requests, complaints, and compensation;
- Representing clients in negotiations, arbitration, or court proceedings in case of disputes.
