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Software caused our system to crash meaning we can't access files: does the Sale of Goods Act cover this?
Our network manager has installed some commercially available software on our system which has caused some of our proprietary software to stop working meaning we don't have access to a number of important files. I have spoken to the commercial software house and they say we should have made a backup before we installed their software and they are not responsible for any loss. Does the Sale of Goods Act not apply to computer software companies and in any event do I have grounds to sue them?
Most software is supplied with severely restricted warranty as to use and none at all when it comes to clashes with other software. It is accepted good practice (although rarely done) to undertake a full back-up prior to installing any software and as we assume this was not done your network manager has dissipated much of what little protection you had in the first place.
Software houses assert quite reasonably that they follow good practice when preparing their product but they cannot be responsible for your particular set up. Furthermore their product is licensed for use and not sold and therefore normal Sale of Goods Act terms will not apply if it can be shown to work on a more standard set up. You may possibly have a case against the seller but only if you had asked some specific questions as to purpose.
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