The types of warranties to include in a tech contract depend on the nature of the agreement. Here are some examples of warranties commonly found in tech-related commercial contracts:   Services Warranties: These promises generally outline how the service provider must perform the services. For instance, the parties might agree to adhere to industry standards or use terms interpreted by case law, such as performing services in a timely, professional, and skillful manner. More specific service warranties can also be included, like requiring that all personnel have at least five years of relevant experience in providing the services. Product Warranties: These warranties typically address requirements related to the products or product deliverables, including quality, condition, functionality, quantity, or performance. For example, a hardware manufacturer might warrant that the components used in a computer will not fail prematurely due to manufacturing defects. Software Warranties: These warranties differ depending on whether software is licensed or developed for a customer. For licensed software, typical warranties include those related to viruses, ownership, and non-infringement. For custom-developed software, warranties might specify that the software will conform to the agreed-upon specifications and not include certain types of open-source code. SaaS Warranties: In contracts for Software as a Service (SaaS), warranties should cover the SaaS's performance according to the documentation, non-infringement of third-party intellectual property rights, and freedom from viruses. For example, a SaaS provider might guarantee that their application will work seamlessly with a specific operating system or web browser. Data Protection Warranties: These warranties typically reference the obligations created under data privacy and data security provisions. For instance, a cloud service provider may warrant that their data centers adhere to data protection regulations. - When drafting tech contracts, it's important not to group all warranties under a single section. Different remedies and liability caps may be appropriate for breaches of different warranties. By separating warranties, you can tailor the remedies and liability limitations to suit each warranty type, providing a more balanced and effective contract.