How do I handle a supplier that delivered a faulty product?
Justin M. Streiner
streiner at cluebyfour.org
Tue Nov 25 17:39:57 UTC 2014
On Tue, 25 Nov 2014, Miles Fidelman wrote:
> If it doesn't deliver to spec, that certainly seems like a warranty claim,
> followed by a lawsuit (yes - talk to a lawyer).
> Also, define "large shipment" and total dollars involved. You might be able
> to take them to small claims court (much simpler process, but generally for
> $10,000 or under).
Disclaimer: I am not a lawyer, and I don't play one on TV.
Don't be afraid to march this up the chain at Zhone, if you're dealing
with a salescritter. You might be able to get better responses from VPs
or CxOs. Keep the lawsuit option in your back pocket if you need it.
Many companies don't want the PR black eye that comes with a customer
filing suit against them, so the threat of beating them with a stick can
be just as effective actually carrying out that threat. If you have a
lawyer on retainer already, maybe have them on the phone with you when you
speak to the CxO at Zhone.
If their product is advertised as providing a service that it can't/won't
actually provide, whether it's positioned as a low-cost product or not is
irrelevant. If their data sheets make no mention of the limitations that
have been found, that's more ammunition for the cannon.
Before anyone comes back with something like "So if I buy an entry level
car, but I expect it to perform like a high-end sports car, does that mean
I can sue the entry-level car maker for false advertising when it doesn't
perform like a high-end sports car?" No, it doesn't. There are reasonable
expectations. Expecting an entry-level car to perform like a high-end
sports car isn't reasonable. Expecting a GPON modem to be able to forward
wire-speed gigabit Ethernet in this day and age is perfectly reasonable.
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