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

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

The servers are ready to be picked up we updated the BIOS on the Dell
servers and replace the SMOS batteries in all.
Let me know if you want to purchase the disk drive from me.

Paul

-----Original Message-----
From: Paul L. George [mailto:pgeorge@xxxxxxxxxx] 
Sent: Friday, January 15, 2016 7:57 AM
To: Ian Jackson
Cc: Lars Kurth; wg-test-framework@xxxxxxxxxxxxxxxxxxxx; Ian Campbell
Subject: Re: [Wg-test-framework] Four disks missing from All-net supplied
servers

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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