1. you don't have the money to sue unless we get extra-premium Pandoras that get shipped in 3 days and skip the queue of the queue skipping premiums.
Sueing is not THAT expensive, you know.
2. I think they are probably just as impressed by a European small company suing them in the US as I am about them suing me for libel under Dutch law.
The contract was made in US, so it would all take place under US law.
That's why you'd choose a US law firm as well.
And guess what: While America is a somewhat crazy country, they have some laws there as well.
Besides, CC is no big company. It would be different to try to sue Sony or Nintendo for something.
3. Every story has two sides and I'd be surprised if you guys were squeeky clean towards them regarding getting things there on time, payments on time, downpayments made etc etc which is perfectly normal for a company going through rough times as you have been. So they might have enough return ammo to really not be worried by whatever you try to make stick on them. I'm not blaming you guys here for anything just saying that you've also been forced to do some manoeuvring to keep things together and that might not be helpfull in a lawsuit.
Well, we had the contract to pay 30 days after delivery. And we always kept that deadline, because we thought it would be a good idea as long as we still wanted to get more boards from them
Believe me, I went through ALL the eMails... and it was really making me sad that we sometimes asked 3 times a week for a status update without getting a reply at all.
Of course there are some things they could claim towards us, however, there is one simple fact:
We MADE the deal with them that they will produce ALL boards without nubs until October (and later until the end of the year).
This didn't happen (not even close, they did about 500 boards instead of 3200), and this caused all the issues we are having now.
Batch 1 COULD'VE been easily finished by February, the next 4000 could've been finished by June / July.
Just calculate the potential sales we could've done now, imagine how much money that would be... there's not much they could claim towards us here.
4. The time and energy it would take to ever see a penny, even if you can afford it, is probably not worth the compensation you might get considering you guys are doing some seriously other cool stuff like the ICP and keeping that momentum going might be much more valuable in the long run.
Not much time and energy needed if you contract a law company.
And heck, we're talking about 1000 PCBs they need to fix right now... if they simply tell us "Sorry, we couldn't get more than 100 to work", that would be 300.000 USD loss just for parts.
There's no way we're going to accept that.
I checked with some german companies here. The failure rate for such a production would normally be 3 - 5%. 10% if something goes wrong. But we're talking of about 25% here right now!
And you're opinion is we should just let them get away and tell "Well, they didn't do a good job, but who cares"?
Let's agree to disagree and everyone does what he thinks is best, I really don't want to keep you from the important stuff.
Well, the important stuff is keeping everything going.
This either works with delivering the PCBs OR having the money to refund everyone (or have those lost PCBs manufactured elsewhere).
Since I don't think anyone is just going to give us half a million to do the production elsewhere, I guess we need to either see if they CAN finish the remaining 1000 PCBs within an acceptable timeframe or try to get the loss back.
