Nintendo
Nintendo Switch
Have you read A fresh new start, Part 2 (2011-07-12) yet?
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A fresh new start, Part 1 (2011-07-12)
- Thread starter EvilDragon
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JackTheKnife
Member
Yes, and there is no word about CC, breaking the deadline agreement and pulling back rest of the production from CC to somewhere else on their cost. Perfect agreement should work in both ways
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WizardStan
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It's fairly well known that Craig isn't the biggest fan of actual contracts. In the perfect world someone would say they can do something and they'd do it, or if they can't, find someone who can to keep their promise. We don't live in a perfect world, and I can't say how Craig's optimism and good faith played out in the contract negotiations, but I suspect that it wasn't as much in OPT's favour as we would have liked. Craig's a good guy, but I think he was quite naive about the whole affair before it started. No doubt all the mistakes made will never be made again.Yes, and there is no word about CC, breaking the deadline agreement and pulling back rest of the production from CC to somewhere else on their cost. Perfect agreement should work in both ways
edit: Bear in mind also that they do have some recourse: emails from an official source are as legal a contract as a physically signed piece of paper. They may yet be able to sue them depending on who was communicating with them and exactly what was said.
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JackTheKnife
Member
As far as I know e-mail is equal to fax correspondence in US, so it has lesser value. What you need is a real copy (not a xero) of a contract/agreement with signatures. Fax/email version is good to initiate any project.
PS.
"find someone who can to keep their promise" - nobody can provide that of caused by Acts of God or other circumstances beyond person/company control, but all the rest should be written and become "time is of the essence" warranty for OP.
PS.
"find someone who can to keep their promise" - nobody can provide that of caused by Acts of God or other circumstances beyond person/company control, but all the rest should be written and become "time is of the essence" warranty for OP.
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I would strongly assume that even if the batch 2 boards are produced first, they will put them into batch 1 cases and respect the queue.
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JackTheKnife
Member
Check my questions here. Everything is in OP hands
So far I have bad experience with that kind of stuff and keeping the order queue (Notion Ink and first pre-orders).
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WizardStan
Mega GP Mania
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A legally binding contract has two things: an offer and an agreement. It doesn't matter what form it is in. A verbal contract is just as binding as a contract signed in blood. The only catch is proving that the agreement actually happened. Signatures on a physical paper are the preferred method because it is (presumably) very difficult to forge a signature: that's your signature, therefore you must have agreed. Fax is a poor way to engage in a contract because it is easily forgeable and untraceable: it is difficult to tell whether this print off I'm holding actually came from you or if I just printed it off. And of course a verbal contract is completely worthless because there is nothing but my word to say what, if anything, we agreed upon.
Email is a great step up in that it is less difficult to forge: assuming that they are keeping their email records as they should, a lawyer can request the respective servers be inspected and prove that an email really does say what the print off says it says, and that it did originate from the company in question. If it turns out they have not been performing due diligence in maintaining their records and all the emails have "mysteriously vanished", OPT is still likely to win a pittance at least.
First precedent I can find is from a home sale in 2002. I apologize for the archive.org url but it seems to have disappeared from the original website.
Since then there's been a number of cases where email has been upheld as a legally binding contract.
JackTheKnife
Member
IMO it is based on the state law. I had an experience (not good) in NY state and emails as a major evidence to the verbal contract, which was called a "gentlemen agreement" by a lawyer - case closed, lesson learned :\
Hope OP will clean that mess early enough.
Hope OP will clean that mess early enough.
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Same here, I ordered 10/05/2008 and I was estimated at 1500-1600 or there abouts. I'm very curious about that as the premium Pandoras shouldn't have bumped it by that much.
dreamer
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Bla, I was told I was approx. in queue 2000 at Craig.
Now with some folks ordering multiple devices this maybe would be Pandora No. 2500 at Craig .. the wait continues ..
So with 20% of pcb's broken .. how good is your case to take CC to court?
Now with some folks ordering multiple devices this maybe would be Pandora No. 2500 at Craig .. the wait continues ..
So with 20% of pcb's broken .. how good is your case to take CC to court?
JackTheKnife
Member
It depends on how the agreement was built. Can be 20% and you can't harm them, but can be 5% and they can have problems
You won't have to wait longer than people for Batch 2, because regardless which company produces faster, delivery will go according to the queue.
Nation.A.List
Member
My polite request seems to got lost in the "sue them" "wow 20% failures" din. :-(
As you might know (I mentioned this a few times), I don't know anything about Craigs queue or the numbers of his queue.
With Premium upgrades, he kept eating it down from both sides, so I guess the queue doesn't say much about how many units are left, but that's something I cannot tell you.
JackTheKnife
Member
Those 20 percent are not broken.
They have issues. Might be a missing resistor. Might be a part not properly soldered.
Doesn't have to be a big problem, but needs to be manually looked at and fixed.
So we're not losing 20 percent of the boards - they just need some time to be fixed.
Though in mass production, you never should have such high number to begin with.
dreamer
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^ sorry, that was a bit of a crude statement.
But indeed, 20% is just ridiculous for mass production and is taking a lot of time/money to resolve (probably on both ends of the line).
In retrospect I guess the point of "oh, but they make the beagleboard, so it's fine" VS "we need to have a better grasp on the production process" is of course much clearer.
If anyone ever questions my patience I will refer them to the Pandora-project and tell them to STFU
/me back to the waiting-game
But indeed, 20% is just ridiculous for mass production and is taking a lot of time/money to resolve (probably on both ends of the line).
In retrospect I guess the point of "oh, but they make the beagleboard, so it's fine" VS "we need to have a better grasp on the production process" is of course much clearer.
If anyone ever questions my patience I will refer them to the Pandora-project and tell them to STFU
/me back to the waiting-game
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Nation.A.List
Member
ED thanks for the reply, I do realise you have little knowledge of Craigs queue but not being able to ask Craig directly I can only post on here and hope that he might read it and maybe reply with more accurate information.
JackTheKnife
Member
I don't think so - he is all over iCP
SNES Fan
Still Fresh
I'm confused. Sorry I'm a newbie, and I'm sorry if this I'd a dumb question, but does that mean my iControlPad will be delayed? I ordered mine on Saturday and I got a paypal confirmation that the shipping was posted. This is my first item ever that I've ordered over seas and I'm in the US. I'm really looking forward to getting this controller foot my HTC Incredible and mt iPod lol.
