How do I handle a supplier that delivered a faulty product?

Jake Khuon khuon at NEEBU.Net
Wed Nov 26 01:12:38 UTC 2014


On 25/11/14 09:39, Justin M. Streiner wrote:
>
> 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.

Actually, this situation is as if you bought a low-end car that claims
it can go 60MPH just like a high-end sports car which also claims to go
60MPH.  But when the low-end car fails to achieve 60MPH and in fact
blows up when you try to reach that speed, you do have grounds to cry
false advertising.

According to the spec-sheet pointed to by the OP:

	"GPON Rx
	- Downstream data rate 2.488Gbps"

So the fact that the device fails to survive much less achieve the
claimed rate is, I would expect, false advertisement... especially when
the manufacturer acknowledges the discrepancy and refuses to take
measures to remedy the situation.

At this point, the OP may be at risk to his customers as well so it
would be really in his best interest to pursue this as far as possible
which may include legal action.


-- 
/*=================[ Jake Khuon <khuon at NEEBU.Net> ]=================+
 | Packet Plumber, Network Engineers     /| / [~ [~ |) | | -------- |
 | for Effective Bandwidth Utilisation  / |/  [_ [_ |) |_| NETWORKS |
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