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

William Herrin bill at herrin.us
Wed Nov 26 01:34:11 UTC 2014


On Tue, Nov 25, 2014 at 8:12 PM, Jake Khuon <khuon at neebu.net> wrote:
> 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.

If we're going to pick analogies, let's pick a good one. This is a car
advertised to go 60 mph. But it turns out the car only goes 60 mph down
hill... On a 1 degree incline it tops out at 45.

And yeah, that's a lemon. If the vendor has not supplied a technically
appropriate solution within a reasonable amount of time, they're in breach
of the implied contract of fitness for purpose. Unless of course you
-signed- a contract which says otherwise or their shrink-wrap contract has
effect (only Virginia or Maryland). You may be entitled to more than a
refund, such as any business losses from the failure of the product to
perform as advertised, including lost customer good will and employee man
hours.

Baldur, I advise you to consult a lawyer. This is where a -letter- from
your lawyer to their lawyer (no lawsuit just yet) will yield action. It'll
make it clear to the folks on the business end that the technical end has
let them (and you) down more seriously than the normal bug complaints. That
letter won't cost you more than a couple hundred bucks.

Regards,
Bill Herrin



--
William Herrin ................ herrin at dirtside.com  bill at herrin.us
Owner, Dirtside Systems ......... Web: <http://www.dirtside.com/>
May I solve your unusual networking challenges?


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