Our clients lawyers have taken a standard Software redevelopment contract and used it for the rewrite of the Max Software.
Whilst we agree that the software must perform to certain standards ie number of users, number of transactions per minute etc, with an Agile/Scrum methodology, the traditional performance testing is not applicable as the software is being rolled out in parts at the end of each 2 weeks.
The contract talks about formal testing for a number of weeks once the software has been delivered with our company being responsible for ensuring infrequently used areas are tested at least twice per week during the final testing phase.
This is all fairly pointless as the software will have already been in use, bug fixed etc as we go.
The whole contract needs a good review as various people have already altered items.