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

[William Herrin <bill () herrin us>]

On Wed, Nov 26, 2014 at 12:41 AM, Nick B <nick () pelagiris org> wrote:
> 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.

Hi Nick,

That's the beauty of the implied warranty of fitness for particular
purpose. The seller doesn't have to give any specs at all. He just has to
lead you to believe that the product is suitable for some purpose, such as
providing gige to customers. Sometimes, even the fact that the seller was
aware of the buyer's intended use and failed to warn him is enough. If it
then proves unsuitable for that purpose for any reason, the seller is on
the hook.

IANAL and I think Baldur should consult one before taking any action, but
unless Baldur's use obviously and significantly differed from Zhone's
advertised intended use Baldur probably has a case.

http://www.law.cornell.edu/ucc/2/2-315

Regards,
Bill Herrin



--
William Herrin ................ herrin () dirtside com  bill () herrin us
Owner, Dirtside Systems ......... Web: <http://www.dirtside.com/>
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