Re: [Wg-test-framework] Four disks missing from All-net supplied servers

[Ian Jackson <Ian.Jackson@xxxxxxxxxxxxx>]

Paul writes[1]:
> I will also get the identical drives for systems that were missing the
> additional hard drives.  Since I never charged for them there will be some
> nominal charge for the additional drives.  The charges will be minimal
> because I will charge the foundation my costs.  I suspect we are looking at
> between $200 - $300 for all 4 drives.

I see.

I think the contract (drafted primarily by you and agreed between
All-Net and the Linux Foundation) disagrees with you.  You quoted a
particular price, for supply of specific hardware.  You have been paid
the amount specified in the contract.  However, the equipment supplied
was missing these four disks.

That we did not discover this error by you earlier is our fault
(specifically, my fault), for which I apologise.  Nevertheless I think
you are obliged by the contract to supply the missing disks, without
further charge.

However, if All-Net is not willing to do that, we don't have the
stomach for a fight with you about it.  We will write it off and
procure from another supplier.

So please let us know whether you are willing to supply the missing
disks without further charge.


DISCLAIMER: For the avoidance of doubt, I have not checked the content
of this mail with Lars.

This email is not an official statement of legal position by the Linux
Foundaton or the Xen Project.  In particular, I am NOT AUTHORISED TO
WAIVE ANY LEGAL RIGHTS that anyone may have against All-Net.

This email is my personal view about what I think the All-Net, the Xen
Project and the Linux Foundation ought to do.


REMINDER: This is an open and publicly archived mailing list.  Xen and
All-Net need to remain on good terms.  We should all remain polite and
respectful.

Thanks,
Ian.

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