Post by account_disabled on Feb 20, 2024 2:09:34 GMT -5
The doctrine emanating from that ruling, ratified by the Supreme Court, although formulated in the field of the sale of automobiles and in a specific company-consumer relationship, is perfectly transferable to the present case, according to the ruling of the Court of 1st Instance.
In this regard, it must be considered that the manufacturer, either by itself or through its national distributor, not only controls the entire process of sales, installation, operation, improvements and modifications and maintenance, as it is a product that works. in the Cloud, but Fax Lists reserves exorbitant powers regarding the contracting or subcontracting by its partners with third parties, who are truly its clients ("indirect consumers", as SAP SE ultimately recognized during the procedure), "although, through "an artificial legal construction," says the ruling, SAP ESPAÑA and SAP SE were apparently left out of the relationship with MASER.
For the lawyers who have represented the plaintiff, and as the ruling supports, “regardless of the non-compliance by SCPTI with the methodology recommended by SAP SE to implement the tool, there is no evidence that this company, nor SAP ESPAÑA, carried out the recommended tenant test and it is also not proven that SCPTI carried out, even before hiring, an exhaustive analysis of the company MASER."
This analysis would have allowed him, at least theoretically, to confirm that the product he was selling was appropriate for the needs and organization of the company; and effectively prepare and engage the company and its employees for the implementation process, all of which, together with their apparent lack of proper qualification, led the implementation process to failure.
In this regard, it must be considered that the manufacturer, either by itself or through its national distributor, not only controls the entire process of sales, installation, operation, improvements and modifications and maintenance, as it is a product that works. in the Cloud, but Fax Lists reserves exorbitant powers regarding the contracting or subcontracting by its partners with third parties, who are truly its clients ("indirect consumers", as SAP SE ultimately recognized during the procedure), "although, through "an artificial legal construction," says the ruling, SAP ESPAÑA and SAP SE were apparently left out of the relationship with MASER.
For the lawyers who have represented the plaintiff, and as the ruling supports, “regardless of the non-compliance by SCPTI with the methodology recommended by SAP SE to implement the tool, there is no evidence that this company, nor SAP ESPAÑA, carried out the recommended tenant test and it is also not proven that SCPTI carried out, even before hiring, an exhaustive analysis of the company MASER."
This analysis would have allowed him, at least theoretically, to confirm that the product he was selling was appropriate for the needs and organization of the company; and effectively prepare and engage the company and its employees for the implementation process, all of which, together with their apparent lack of proper qualification, led the implementation process to failure.