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. Nick On Tue, Nov 25, 2014 at 8:34 PM, William Herrin <bill@herrin.us> wrote:
On Tue, Nov 25, 2014 at 8:12 PM, Jake Khuon <khuon@neebu.net> wrote:
Actually, this situation is as if you bought a low-end car that claims it can go 60MPH just like a high-end sports car which also claims to go 60MPH. But when the low-end car fails to achieve 60MPH and in fact blows up when you try to reach that speed, you do have grounds to cry false advertising.
If we're going to pick analogies, let's pick a good one. This is a car advertised to go 60 mph. But it turns out the car only goes 60 mph down hill... On a 1 degree incline it tops out at 45.
And yeah, that's a lemon. If the vendor has not supplied a technically appropriate solution within a reasonable amount of time, they're in breach of the implied contract of fitness for purpose. Unless of course you -signed- a contract which says otherwise or their shrink-wrap contract has effect (only Virginia or Maryland). You may be entitled to more than a refund, such as any business losses from the failure of the product to perform as advertised, including lost customer good will and employee man hours.
Baldur, I advise you to consult a lawyer. This is where a -letter- from your lawyer to their lawyer (no lawsuit just yet) will yield action. It'll make it clear to the folks on the business end that the technical end has let them (and you) down more seriously than the normal bug complaints. That letter won't cost you more than a couple hundred bucks.
Regards, Bill Herrin
-- William Herrin ................ herrin@dirtside.com bill@herrin.us Owner, Dirtside Systems ......... Web: <http://www.dirtside.com/> May I solve your unusual networking challenges?