back to article All-flash case rehash: Modus vs Nimbus lawyers off to DC

Modus, a customer of all-flash array startup Nimbus Data, has failed to have Nimbus’ suit against it for breach of contract dismissed. The case is being heard in California’s Northern District court and concerns, Nimbus alleges, Modus buying a flash array from Nimbus and not paying the full balance for the equipment. A filed …

  1. Tom 13

    I thought big companies like this were supposed to have smart lawyers.

    While Modus is probably in the moral right, they are definitely in the legal wrong on this one. The proper way to withhold payment in cases like this is for Modus to have placed the amount for the payment in escrow until such time as Nimbus fixed the problems with equipment. The exact process for doing so may vary from place to place, and I expect it involves a judge giving his approval for placing the money is escrow.

    I know someone who had a similar problem and that's what they did. Granted theirs was housing related (mushrooms growing in the basement carpet because of a leak problem the landlord refused to fix) but the same principles applied. The aggrieved party got back rent for the better part of the year plus interest when the lease expired.

  2. Anonymous Coward
    Anonymous Coward

    How many years have I been saying the kit does not work?

    And they are on the visionary Gartner chart :-)

    An insider.

  3. SFC


    Why would you continue using the kit for 2 YEARS if it didn't meet your needs? If it doesn't do what they claim, send it back. Seems pretty straightforward to me. We're talking about a $100k deal...

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