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

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

Complete message, last one was missing a paragraph.

> On Jan 15, 2016, at 7:48 AM, Paul L. George <pgeorge@xxxxxxxxxx> wrote:
> 
> 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 and 
> you not noticing the missing drives.  It was an honest mistake.  I don't 
> think you can get them cheaper than my costs.

I would like to make it right, but I can't afford to eat the drives completely.

> 
> 
> 
> 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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