As a result of competition from other manufacturers from abroad, AXION has experienced a few difficult years following a loss of a significant share of the European sports clothing and equipment market. 

In order to make the company more responsive to market needs and reduce production and distribution costs, Mr. DUPONT decided to install new inventory management and tracking software. Mr. DUPONT approached several specialized IT companies and ended up purchasing the “STOCKTRAQ 3000” software sold by the company LOGIPLUS which seemed to include all the functions he was looking for. 

However, once installed, the staff noticed frequent system failures which required restarting the entire operating system. As a result of these breakdowns, AXION experienced a significant slowdown in stock distribution and additional costs. After the intervention of a computer scientist, Mr. DUPONT learned that these breakdowns were due to the fact that the software was not adapted to their operating system. For the software to function smoothly, it would be necessary not only to purchase and install a new operating system but also new servers, which was not reported to Mr. DUPONT during his discussions with LOGIPLUS prior to the purchase of the software. Mr. DUPONT requested reimbursement of the price of the software (therefore cancellation of the contract) as well as payment of damages incurred due to the breakdowns which LOGIPLUS refused on the grounds that the sales contract was governed by commercial law and included a clause which excluded “  any guarantee of conformity or fitness for a particular use  ” (“  exclusive guarantee clause  ”).  

 

As counsel for the company AXION SPORT, what is your opinion regarding the merits of the response from the company LOGIPLUS to Mr. DUPONT's request for reimbursement of the price and payment of damages: the company Would AXION SPORT win its case in the event of a dispute with LOGIPLUS?