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

Nick B nick at pelagiris.org
Wed Nov 26 05:41:08 UTC 2014


At no point does that spec say a single thing about speed.  The closest
part I could find was "Upstream data rate 1.244Gbps", but I think it's
pretty clear that that is the link speed, not the actual data rate.  It's
worth wringing them out over the issue, maybe you can shame them into
taking the units back, but I don't think you will have much luck pinning
them down legally on some nebulous belief that it would run at wire rate
gigabit.
Nick

On Tue, Nov 25, 2014 at 8:34 PM, William Herrin <bill at herrin.us> wrote:

> 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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