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Warranty fix or extra work: how to tell a bug from new work
The studio writes: «That's extra work, paid separately». The answer is in the contract, the brief (the list of what they build) and the approved design. How to check and what to write.
This is not legal advice. Check rights and liability with a lawyer in your country.
The main rule
A bug is what was promised
A bug: the site doesn't do what the brief, contract or approved design says, or stopped doing what worked at handover. Extra work: you want something these documents didn't include. Testers worldwide draw the line the same way (ISTQB method).
Check it yourself
Five steps before writing to the studio
1. Describe the problem
Check it yourself- How to check
- Where, on which phone or computer, step by step. What you expected and what you got. A screenshot or screen recording.
- Fine if
- Someone who didn't see the problem can reproduce it from your description.
2. Find where it was promised
Check it yourself- How to check
- A brief item (the list of what the studio committed to build) or a contract clause, the approved design, an email or message where the studio confirmed it.
- Fine if
- You can point to a document: «brief, section „Payment“».
- Warning sign
- Written nowhere — that's a grey area, see below.
3. Recall whether it worked at handover
Check it yourself- How to check
- The acceptance act (the document you signed at handover) and its remarks, your screenshots. What changed since: you, another developer, updates.
- Fine if
- It worked at handover and broke later without anyone else's changes. Or it never worked.
- Warning sign
- Don't remember or didn't check — that's fine: describe what you see now.
4. Check the warranty terms
Check it yourself- How to check
- The «Warranty» section of the contract.
- Fine if
- You know the term, start date, what it covers, where to write and how fast they fix.
- Warning sign
- Warranty «from the launch date», not from the act: the term may be nearly over.
5. Write to the studio
Check it yourself- How to check
- By email or wherever the contract says to file requests. Template below.
- Fine if
- The letter has the description, a reference to the document and a request to name a fix date.
Honestly
Grey areas: where the answer isn't obvious
Here «promised — they fix it» doesn't help. Negotiate and write the agreement down.
The requirement isn't written anywhere
A question for a lawyer- Why
- The brief is short and phone support or speed isn't described. The studio may call it extra work.
- Fine if
- Ask the studio how it understands the usual requirements for a website. If the dispute isn't resolved, it's a question for a lawyer.
The site was changed after handover
Check it yourself- Why
- You, another developer or automatic updates of site add-ons. The warranty may not cover what others' changes broke.
- Fine if
- Find the contract clause about changes to the site. Tell the studio honestly what was changed.
Someone else's service broke
Ask to be shown- Why
- The payment system, request software, email or map changed their rules. The problem may not be the studio's.
- Fine if
- Ask the studio where it fails. If the connection to the service isn't in the brief, discuss fixing it separately.
A mistake in your data
Check it yourself- Why
- A wrong price, phone or text that you entered in the admin panel yourself.
- Fine if
- Neither warranty nor extra work: fix it yourself in the admin panel.
Letter to the studio
Fill in your details. The tone is calm: you're not accusing, you're asking to rely on the document.
Letter template
Hello [name], On the site [address] this doesn't work: [what — in one sentence]. How to reproduce: [page, phone or computer, browser, steps]. Screenshot attached. How it should be: [brief, section … / contract, cl. … / approved design / it worked at handover]. The site was accepted on [act date]; the warranty under the contract runs until [date]. Please fix it under the warranty and let me know the date. [If urgent: because of this, customers can't place orders.] [If unclear whose fault: please tell me where it fails — on the site or in an external service, such as the payment system. If on the site, please fix it under the warranty.] If you think this isn't covered by the warranty, please tell me which clause of the contract or brief you rely on, so we understand the agreement the same way. Separately: we want to add [what]. Please send an estimate: what's included, how many hours and by when. [Name, company]
If there's no warranty term It depends on the country. For example, in Russia defect claims can be made within a reasonable time, but no later than two years from handover (art. 724 Russian Civil Code). For your country, check with a lawyer.
Frequently asked questions
The warranty is over. Is everything paid now?
If the contract has no support terms, fixes are usually paid separately. But first check from which date the warranty runs: launch, the act or fixing the remarks. Sometimes it's still running.
The studio refuses and won't explain why
Ask them in writing to name the clause of the contract or brief they rely on. Keep the messages and screenshots. If you can't agree, it's a question for a lawyer.
I edited texts and prices in the admin panel. Is the warranty void?
It depends on the contract: find the clause about changes to the site. Tell the studio honestly what you changed and what broke.
Want me to sort out your cases?
From €250 · 5 working days. I'll test the site as your customer, check it against the brief and draft the letter.