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

["Paul L. George" <pgeorge@xxxxxxxxxx>]

Ian, 
In all fairness, since I did not notice the requirements for the extra drives 
the server prices were quoted and agreed to, without them.  Charging you cost 
for the drives is a fair compromise.

We both missed them, me ordering the servers without the second drives



Sent from my iPhone
Paul l. George
508-450-9332

PLG Enterprises, Inc.
42 East Main Street
Westborough, MA 01581


> On Jan 7, 2016, at 6:34 AM, Ian Jackson <Ian.Jackson@xxxxxxxxxxxxx> wrote:
> 
> 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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