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A defined detector threshold

Risk to the writer: Low, if negotiated carefully

The wording

"The Deliverables shall score below X% on [named tool] as at the date of delivery."

Why it is a problem

Far better than an undefined threshold, and still a warranty on a third party's software. It at least makes the obligation testable and bounded, and names the tool and the moment of measurement.

How to fix it

If you must accept a detector clause, accept this shape: named tool, stated threshold, measured at delivery, with a defined remedy of revision rather than non-payment.

Suggested replacement

"The Deliverables shall score below X% on [named tool] as at the date of delivery. Where the threshold is not met, Supplier shall revise the Deliverables once at no additional cost, and the threshold shall not be treated as a condition of payment."

General information, not legal advice. Have a solicitor or attorney review anything you intend to sign.

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