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How is Chipageddon affecting you?
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tom66:

--- Quote from: PlainName on January 12, 2023, 05:35:56 pm ---
--- Quote ---However, they can increase the price prior to delivery.
--- End quote ---

I think this is incorrect. It has nothing to do with the delivery, which is just them fulfilling their side of the contract. The contract is in place once the buyer has offered to buy the goods, and seller has accepted the payment. This is the main reason why nowadays the payment isn't taken until the goods are shipped. Previously, it would be taken when the buyer checks out, but then some high-profile companies got stiffed by making a pricing mistake, taking £2 for the goods worth £200 and then being obliged to complete the contract. No-one now takes the money until the goods are on the way out the door so they can cancel the sale without penalty if necessary.

I think in Peter's case the vendor is on dodgy ground because he has offered to buy the goods at one price and they have effectively declined and decided he should pay another price. He has not accepted that new price so the goods have been sent on spec and he is perfectly entitled to tell them he hasn't ordered them (he hasn't - he ordered a cheaper product) and that they should arrange collection at their cost. The T&C small print might be a fly in the ointment there - I don't know how that works for B2B but it seems pretty unfair even in that context.

--- End quote ---

Yes - this is a good point and thanks for clarifying.  The dispute over a price here can only come about for a backorder and it's for that reason that pretty much every disti will not charge your card until despatch of the backorder (accepting payment for the in-stock items does not constitute acceptance of the rest of the order.)  It'd be pretty unusual for an in stock item to result in this type of dispute, but it could happen in the case of a pricing error. 

However, the contract can still be reversed up until the point the goods arrive at the customer's premises though, by cancelling the order and refunding the payment method.  At the point you accept the goods from the courier they enter into your possession and your risk, and you are under no obligation whatsoever to return them or to compensate the seller for a pricing error. 

A similar case has been tested in the past.  If you buy an item from a retail shop, up until the moment you check out, the item is in the store's possession and they are entitled to refuse to sell it to you.  However, once you have purchased the item, it is in your risk.  I believe there has been a legal case as to whether this occurs after you leave the premises of the store or at the moment of payment, I am not sure of the answer there.  But in the case of an online transaction, the contract is for delivery of goods to the customer's premises, and the contract isn't complete until the courier delivers the item.

I do agree that the disti has been naughty in charging more for the goods and still shipping them but I somehow doubt they made no effort at all to contact the customer before doing this.  If they did they are definitely in the wrong and they ought to make this right. 
peter-h:
The legal situation is country dependent.

AFAIK whether you pay up front or on a credit account makes no difference to the contractual situation although of course if you are a credit customer then it is harder to get stiffed ;) Especially with counterfeit goods!


--- Quote ---he has offered to buy the goods at one price and they have effectively declined and decided he should pay another price
--- End quote ---

They quoted (no terms included - just a .xls attachment), I ordered, then they accepted the order (£12k value; not trivial) and sent through tons of small print (which I didn't read because with a 100M $ company if you argue, they will just tell you to f-off) but which contained a 14 day period during which you can reject their terms (upon which they would obviously back out of the whole thing i.e. you get no chips). Then some months later (the lead time was 12 months on this part) they upped the price a lot, which I rejected, and then some months later they shipped them. I got legal advice which was that we can return them, which we did.

I reckon they are reading EEVBLOG because in the last half an hour I got an email from a director there, offering to reverse everything, credit the excess, credit the interest, and unfreeze the account :)

So it pays to stand firm on these practices.

Funny thing is that Microchip have been selling this chip in the US for half the price and I bought a load :) But I am still honouring my original PO at the original price, because that was the contract I entered into. I will just have a lot of stock... enough for a number of years. It is on a LTB so worth either a lot or very little depending on the situation :)

I had a similar situation about a year ago for 500 x ST 32F417VGT6. Quoted, order placed, after a few months price went up a lot (but the disti failed to send out the email, and an employee made the cardinal error of telling me their email failed to go out ;) ), goods arrived, a much bigger invoice, and after some months a director of the company agreed to revert to the original price. That was a different company; a much smaller UK outfit whose name I also won't mention. They did the right thing but probably only because of the inadvertent disclosure by their employee. OTOH had their email been sent out, I would have also refused the increase, but at a great risk to myself because they were already unobtainable then so they would probably not have delivered them. The company let us have 20 samples (for a new product) but only if we order 500. Those chips have since gone from £5 to about £20 so I am glad I got that stock.


Nortek-Chris:

--- Quote from: VK3DRB on January 12, 2023, 05:04:41 am ---

By the way, TI parts are returning to the market. No doubt, supply is increasing, but the prices remain relatively high.

--- End quote ---

Depends what you are looking for. I don't see any sign of LM2673SX-5.0/ NOPB coming into stock anytime soon. Mouser are quoting Feb 2024.

Fortunately I found some at Rochester, but at over 3 times the T.I price.
peter-h:
I had this with the LM293M-5.0. Unobtainable... So I changed to a little known ST chip L5050STR. ST do loads of obscure chips which are great and cheap; I used one to design out (with much satisfaction) a Maxim chip. Different pinout but I have redesigned most boards to use either of these two. There is also a MIC5201 but that one got hit by the same scramble as the 2936.


--- Quote ---Mouser are quoting Feb 2024.
--- End quote ---

They will - until the moment the overhang collapses :)
peter-h:
I find this quite funny

Final-Recipient: rfc822;design-info@analog.com
Action: failed
Status: 5.1.10
Diagnostic-Code: smtp;550 5.1.10 RESOLVER.ADR.RecipientNotFound; Recipient not found by SMTP address lookup
X-Display-Name: Analog Devices


To: Analog Devices <design-info@analog.com>
Subject: Re: See the latest security, power, and ADC solutions from Analog Devices
From:
Date: Thu, 19 Jan 2023 16:00:57 +0000

[External]

You could try to sort out the crappy outfit called Maxim who you took
over recently. Totally useless arrogant uncontactable lot. No email
contact, no phone contact. Only communicate via support tickets on
their website. Never known such a level of arrogance in 45 years in
this business. And charge silly prices - totally opportunistic and
exploitative. Everybody I know has designed out everything possible
made by Maxim.
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