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IBM Sued Over Disaster
IBM has been hit with a multimillion-dollar lawsuit by chemical products manufacturer Avantor Performance Materials, which alleges that IBM lied about the suitability of an SAP-based software package it sells in order to win Avantor’s business.
In 2010, Avantor decided to upgrade its ERP (enterprise resource planning) platform to SAP software, according to the lawsuit, filed Thursday in U.S. District Court for the District of New Jersey.
“Seizing upon Avantor’s decision — and fully aware that, given the competitive pressures of Avantor’s industry, and the specialized demands of its customers, Avantor could not tolerate any disruptions in customer service — IBM represented that IBM’s ‘Express Life Sciences Solution’ … was uniquely suited to Avantor’s business,” the lawsuit states. “The Express Solution is a proprietary IBM pre-packaged software solution that runs on an SAP platform.”
But Avantor discovered a different truth after signing on with IBM, finding that Express Life was “woefully unsuited” to its business and the implementation brought its operations to “a near standstill,” according to the suit.
IBM also violated its contract by staffing the project with “incompetent and reckless consultants” who made “numerous design, configuration and programming errors,” it states.
In addition, IBM “intentionally or recklessly failed” to tell Avantor about risks to the project and hurried towards a go-live date, the suit alleges.
“To conceal the System’s defects and functional gaps, IBM ignored the results of its own pre-go-live tests, conducted inadequate and truncated testing and instead recommended that Avantor proceed with the go-live as scheduled — even though Avantor had repeatedly emphasized to IBM that meeting a projected go-live date was far less important than having a fully functional System that would not disrupt Avantor’s ability to service its customers,” the suit states.
The resulting go-live, which occurred in May, “was a disaster,” with the system failing to process orders properly, losing some orders altogether, failing to generate need paperwork for U.S. Customs officials and directing “that dangerous chemicals be stored in inappropriate locations,” the suit states.
Avantor has suffered tens of millions of dollars in monetary damages, as well as taken a hit to its reputation among partners and customers, the suit states.
Oracle Wants More Money From SAP
Oracle is appealing the damages awarded from SAP that it was granted and is pushing for more.
The news has disappointed SAP, according to a German newspaper, and the firm is worried that the appeal will draw out the five year long legal battle even longer.
“We are disappointed that the lawsuit Oracle pulls further out,” said a SAP spokesman to the German newspaper Mannheimer Morgen.
“We had agreed on a sensible arrangement, because we believe that this case has gone on long enough. We remain committed to bring this dispute to an end.”
Neither firm has commented yet, but the appeal follows SAP’s admission of liability in the Tomorrownow affair.
SAP pleaded guilty last year and acknowledged that its Tomorrownow subsidiary had done wrong. Tomorrownow was accused of downloading information belonging to Oracle, including software and customer information related to Peoplesoft users.
Oracle was initially awarded $1.3bn in damages but this was knocked down to $306m by a judge who told it that it had two options, accept that sum or take SAP back to court.