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Contracts Keyed to Summers
Prairie River Home Care, Inc. v. Procura, LLC
Citation:2019 WL 3021253
Prairie River Home Care, Inc. (“Prairie”) (plaintiff) was a family-owned company that performed in-home medical services for the elderly. Prairie contracted to buy a license to Procura, LLC’s (defendant) software. Their agreement included a warranty of performance, which required the software to be substantially functional within 90 days of the agreement’s execution and guaranteed that the software would perform “in a manner consistent with industry standards.” The warranty also explicitly disclaimed consequential damages and all implied warranties. Procura delivered a database to Prairie in November 2015, but the software was not functional at any Prairie location until June 2016. Prairie sued Procura for breach of contract.
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