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  1. #26
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    Aug 2007
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    Quote Originally Posted by Jmax View Post
    I agree with you. I guess we got sidetracked with the absence of an official contract.

    As a provider, we would notify the customer about loose gear, and if no response we would put the gear in storage. We would not throw out customer gear. So no, that is most certainly not "Industry Standard". I agree that a lawsuit is in order.
    Oh yeah? So I guess I need to find those "unlimited space" storage rooms for clients that do not respond, as well as the never ending tracking and ensuring that it never gets lost or misplaced, or used for something else by accident.
    Let me know where I can signup for one of those storage spaces and that free staff.

    If you don't respond, you don't care, and it gets thrown out.
    I am not your mommy, you pay me for certain services, and in this market, its not even that much profit margin - so why am I acting like your charity? I didn't realize I operated an NPO.
    If you don't ask for pictures after initial setup, if you never visit your equipment, if you don't verify things are done to your standards, then you don't care and you open yourself up to mistakes or accidents. Some people might not consider losing rails a big deal, some people might. If you do care, then its your responsibility to make sure things are done to your standards - not anyone else's. That may mean you may need to pay more or setup contracts so you have certain assurances you are dealing with people who provide services up to your standards.
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  2. #27
    Join Date
    Jan 2014
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    42
    Quote Originally Posted by CGotzmann View Post
    Oh yeah? So I guess I need to find those "unlimited space" storage rooms for clients that do not respond, as well as the never ending tracking and ensuring that it never gets lost or misplaced, or used for something else by accident.
    Let me know where I can signup for one of those storage spaces and that free staff.

    If you don't respond, you don't care, and it gets thrown out.
    I am not your mommy, you pay me for certain services, and in this market, its not even that much profit margin - so why am I acting like your charity? I didn't realize I operated an NPO.
    If you don't ask for pictures after initial setup, if you never visit your equipment, if you don't verify things are done to your standards, then you don't care and you open yourself up to mistakes or accidents. Some people might not consider losing rails a big deal, some people might. If you do care, then its your responsibility to make sure things are done to your standards - not anyone else's. That may mean you may need to pay more or setup contracts so you have certain assurances you are dealing with people who provide services up to your standards.
    Dude, do you get off @ being an *******?

    Did I mention my friend didn't visit his equipment?

    Did You miss the entire part where notification WERE NOT SENT?

    I think someone needs a time out and maybe some feel good medicine

  3. #28
    Join Date
    Jan 2014
    Posts
    42
    BTW: I've freelanced for clients all over dealing with multiple data center operations. This was never the case. If something is of value to the client, they get notified before its disposed of or they ave AN option to pay to have it shipped back to them.

  4. #29
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    Aug 2007
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    I enjoy being blunt and telling it how it is. There are too many people in the world putting off their responsibilities and actions on others.
    The truth hurts or is hard to accept a lot of the time.
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  5. #30
    Quote Originally Posted by CGotzmann View Post
    Oh yeah? So I guess I need to find those "unlimited space" storage rooms for clients that do not respond, as well as the never ending tracking and ensuring that it never gets lost or misplaced, or used for something else by accident.
    Unfortuantely, unless the client signs a contract to the contrary, that's exactly what you need to do. I did research online, as well as reaching out to the legal staff for some colos I'm friends with. The results that came back to me, was that the relevant case law is that as the colo provider you've been entrusted with the hardware and you're on the hook for holding onto it -- pretty much forever, even if the client doesn't pay you and even if you can never get in contact with them. For this reason we've got a pile of hardware from one colo client sitting around who went belly up and could never be contacted. Did I mention we don't offer colo anymore? : P

    This is true UNLESS you have a contract that states otherwise, which the OP does not have as no documentation was ever exchanged. That's why as a colo provider it's so important to have a contract, otherwise you can be on the hook for holding onto equipment indefinitely even when someone doesn't pay you, and you can be held liable if the equipment gets lost, stolen, thrown out, or destroyed. Moral of the story is don't colo without a contract.
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  6. #31
    Quote Originally Posted by CGotzmann View Post
    I enjoy being blunt and telling it how it is. There are too many people in the world putting off their responsibilities and actions on others.
    The truth hurts or is hard to accept a lot of the time.
    Unfortunately, the court system does not agree with your interpretation even though I agree yours is the reasonable point of view.
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  7. #32
    Join Date
    Aug 2007
    Location
    L.A., CA
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    You file a lien on the equipment as abandoned and after 30-60 days depending on the relevant laws in the city/county, it then becomes yours to do what you want with... especially if you start charging storage fee's which then go unpaid. The lien and subsequent ownership of whatever the equipment is can be used to satisfy the debt. If the client doesn't deal with it, he loses rights to it (abandonment).
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  8. #33
    Join Date
    Jan 2014
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    42
    CGotzmann : I was finally able to get in contact with my friend. He did ask his attorney's advice on the matter and when his attorney stepped in, its funny how the "un-named" datacenter just started coming up with the rails and then said they'll go ahead and credit him....ETC!! (I can't say)

    I cant disclose the full details but "Industry Standard"??/ My a**!!

    Let's see if a NDA is signed so the "un-named" Data-center remains un-named. I really hope not.

    And yea, truth hurts. When something is clearly wrong and @ this point could actually result in a lawsuit, they quickly shut things down by doing what they should have done in the first place and that's compensation for the rails they thew away.

    Truth does hurt, and throwing away someone's equipment without even letting them know you are disposing of them : COSTS money! Plus, we all know how lawuers have a good way of putting things in a situation that just adds up the value of the suit. Also, with the un-named D.C TOS, they'll end up paying his lawyer fees for this case, if there is one.

    I really cant say anymore until my friend decides what to do.

  9. #34
    Join Date
    Dec 2007
    Location
    Scotland
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    177
    Quote Originally Posted by TheGuardian View Post

    Truth does hurt, and throwing away someone's equipment without even letting them know you are disposing of them : COSTS money! Plus, we all know how lawuers have a good way of putting things in a situation that just adds up the value of the suit. Also, with the un-named D.C TOS, they'll end up paying his lawyer fees for this case, if there is one.

    I really cant say anymore until my friend decides what to do.
    Hope you have a copy of the ToS from when they signed up.

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