The author is not an attorney, nor is anything said in this column intended to be legal advice. The following is simply based on practical experience, a few bloody noses, and a long and reasonable memory.Nearly every company at some time becomes involved in a difference of opinion regarding product performance. Any difference of opinion may result in rejects or rework, part replacement, or partial or complete cost of part replacement or, in the worst-case scenario, a liability suit. A difference of opinion may range from a question of simply not conforming to specifications to outright physical endangerment. Any specific company may be the defendant or codefendant or the complainant; in fact, given a long enough company history, perhaps all three. Unfortunately, given today's litigious society, it is bound to happen, sooner or later. It is especially likely to happen if a company is successful and growing. Some companies are sued so often that they employ full-time legal staffs to handle such incidents.
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