On Wed, Nov 26, 2014 at 12:41 AM, Nick B <nick@pelagiris.org> wrote:
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.
Hi Nick, That's the beauty of the implied warranty of fitness for particular purpose. The seller doesn't have to give any specs at all. He just has to lead you to believe that the product is suitable for some purpose, such as providing gige to customers. Sometimes, even the fact that the seller was aware of the buyer's intended use and failed to warn him is enough. If it then proves unsuitable for that purpose for any reason, the seller is on the hook. IANAL and I think Baldur should consult one before taking any action, but unless Baldur's use obviously and significantly differed from Zhone's advertised intended use Baldur probably has a case. http://www.law.cornell.edu/ucc/2/2-315 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?