Re: Down, but not out - JHawk
posted on
Nov 10, 2006 07:46AM
While I agree with most of what you say (what's new!), I will take exception to one thing:
"IMO, the good news is the simple part. They delivered the 1250 digEplayers to digEcor. This does not negate the legal mess, but it certainly demonstrates EDIG acted in good faith as far as their manufacturing oversight. Maycom burned EDIG and now that chapter is history. That's good."
First, they delivered the 1250 units, but they didn't say that they were "accepted". Contractually, until they are formally accepted, the contract is not fulfilled.
Second, regarding manufacturing oversight, the "good faith" does not overcome the fact that they failed miserably in performing this function (hence all the crap suffered for the last 9-10 months). Whether digEcor mucked things up or not, it should have been EDIG there checking on manufacturing in Jan'06, not digEcor. That's manufacturing oversight - not having/permitting your (adversarial) customer do it when they contracted YOU to do it. Assuming the units are indeed accepted by digEcor, IMO they will have a rough time justifying their "manufacturing oversight" fee when/if this gets to court (and that was apparently a "fat" part of the contract). We're not out of the Woods (pun intended) on this aspect yet, IMO.
One other (humor) thing:
"It can happen, but we really need VOLUME".
The volume level is fine. They speak loud enough, just not with adequate frequency! LOL
SGE