SAP is doomed for failure in software deployment

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Poston Tue, 31 Mar 2015 10:03 am

The SAP was ordered to pay jointly and severally $ 1.45 million to Zabala mining and Earthmoving, of Porto Alegre, for property damage caused by mistakes and delays in the deployment of enterprise management software. The service began to be provided by a sublicensed indicated by the German multinational company in Brazil, but she was descredenciada and replaced by another throughout the work, which took more than five years to be completed before the original time limit of six months. The compensation must be corrected after the disbursement of the resources involved.

The first-degree decision was upheld by the Court of Justice of Rio Grande do Sul (TJRS), which last month also denied the special appeal filed by SAP to take the case to the Superior Court of Justice.

After that, the software maker has filed interlocutory appeal directly to the SUPREME COURT and informed, through its advisory, which awaits a final position to rule on the matter. According to the lawyer of Zabala, Ruy Zoch, SAP software is wonderful " ", but the problems in a " crisis " reflect Zabala on SAP's strategy to small and mid-sized customers. " is an attempt by the company to gain market without a direct involvement [in the provision of the service] as with the big clients " commented.

Similar problem is faced by network gaúcha de Petiskeira restaurants, which should have " turned the key system acquired " through another sublicensed from SAP in March 2014. The software just began shooting in November and today only half of the tools is operational, said the Executive Angelo Meneghetti. According to him, if the shortcomings are not remedied until April the company may have recourse to justice. In the case of Zabala, the fifth Civil Chamber of TJRS understood that the " passive illegitimacy claim " presented by SAP is not supported. According to the judgment, the solidarity between her and sublicensed Sysprice was characterized because the acquisition of the software is subject to the provision of services by an accredited.

During the lawsuit, filed in 2011, the counsel has requested the presentation of sublicensing contract and the Act of accreditation of Sysprice to determine the relationship of solidarity between the two defendants, but the SAP delivered a different document than was requested. The software maker sent a letter to main article Zabala relationship with sublicensed and said it would now appear as " part " If the contractor partner does not fulfill obligations, added Zoch. According to the lawyer, the original contracts dating back to June 2006 with the Sysprice.

The service should be completed in six months, but there have been delays due to the choice of the wrong version of the software and deployment failures. In January 2007 was signed the first additive shall, at the request of Zabala, to extend the functionality of the system, with renewed period to may of the same year, which has not been fulfilled. The second additive, September 2007, extended the deadline. In 2008 the Sysprice was descredenciada and replaced by the sublicensed ITS, which ended the system deployment in November 2010. As Zoch, the extra amount charged for the new service provider, additional expenses with consultants, the non-compliance with agreed deadlines and the impact of delays in the process efficiency of Zabala formed the basis for determining the compensation granted by Justice.

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Thomas F. G

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