Post by account_disabled on Feb 20, 2024 2:09:19 GMT -5
In these elements of evidence, the judge took into account , not only the report of the plaintiff's expert , but also, and above all, the result of the visit of the two experts sent in June 2017 by the German company itself , who , as SAP SE refers in the response brief and they ratified in court, point out that “ the planned methods (for the implementation of the ERP called SAP Business By Design) were not being applied (by SCPTI) ”, and that “it is predetermined how the tool must be implemented, and those proposals, made by SAP, had not been implemented,” among other reasons.
The Spanish company hired SAP to implement a sophisticated IT tool, Enterprise Resource Planning (ERP). (Photo: E&J)
The commercial transaction that is the subject of the litigation was the acquisition or lease for use by MASER, and the companies in its group, of a sophisticated computer Fax Lists tool, ERP (Enterprise Resource Planning), which, as indicated by both the plaintiff's expert and that of the defendant, the computer engineer, is an application that allows centralizing or planning the different activities of a company , such as financial management, production, inventories and warehouses, administration, customer relations, purchases, sales, billing, human resources , etc.
Furthermore, this specific tool that handles all the data of interest to the company, and which, therefore, conditions its normal activity, is hosted in the Cloud, with the accessibility requirements and subsequent security conditions that this entails. .
For this reason, the ruling continues, and because the product, as can be seen, is not only aimed at large companies, but also at medium-sized ones (like MASER) and even small ones, it is essential not only for the correct functioning of the tool, but equally or more Importantly, its correct installation in the company's IT, the timely and adequate introduction or transmigration of the data from the eventual application that the company previously used, the training of the company's workers for its correct and exhaustive use, and likewise its maintenance and permanent adjustment, while the application itself is updated, also at the request of clients or in application of new regulations.
Well, SAP ESPAÑA and SAP SE recognized that to implement the tool it is not only necessary to have high computer knowledge, but also to follow and observe a certain implementation methodology and that, furthermore, the implementation of the tool requires, not only the rental of the license of the tool itself, but of the Cloud license, to be able to use it and have access to the data, but nevertheless they maintained, against all evidence, that they had nothing to do with the resale of the license nor with the tool implementation contract .
The Spanish company hired SAP to implement a sophisticated IT tool, Enterprise Resource Planning (ERP). (Photo: E&J)
The commercial transaction that is the subject of the litigation was the acquisition or lease for use by MASER, and the companies in its group, of a sophisticated computer Fax Lists tool, ERP (Enterprise Resource Planning), which, as indicated by both the plaintiff's expert and that of the defendant, the computer engineer, is an application that allows centralizing or planning the different activities of a company , such as financial management, production, inventories and warehouses, administration, customer relations, purchases, sales, billing, human resources , etc.
Furthermore, this specific tool that handles all the data of interest to the company, and which, therefore, conditions its normal activity, is hosted in the Cloud, with the accessibility requirements and subsequent security conditions that this entails. .
For this reason, the ruling continues, and because the product, as can be seen, is not only aimed at large companies, but also at medium-sized ones (like MASER) and even small ones, it is essential not only for the correct functioning of the tool, but equally or more Importantly, its correct installation in the company's IT, the timely and adequate introduction or transmigration of the data from the eventual application that the company previously used, the training of the company's workers for its correct and exhaustive use, and likewise its maintenance and permanent adjustment, while the application itself is updated, also at the request of clients or in application of new regulations.
Well, SAP ESPAÑA and SAP SE recognized that to implement the tool it is not only necessary to have high computer knowledge, but also to follow and observe a certain implementation methodology and that, furthermore, the implementation of the tool requires, not only the rental of the license of the tool itself, but of the Cloud license, to be able to use it and have access to the data, but nevertheless they maintained, against all evidence, that they had nothing to do with the resale of the license nor with the tool implementation contract .