Right, how do we sue?

G

Grep

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So in the past collective weekend, my clients including my company have lost kit. This includes NAS devices, switches, UPS's and generators. Tomorrow is going to be an absolute nightmare, lost an AD server, exchange is completely gone ... I can go on.

We had a full phase three system auto failover, but it failed due to the power strikes. This is going to cost us hundreds of hours of manpower to revive everything plus buying new kit.


I am guessing Eskom have in their T&C's something about not being responsible for anything. Does anyone have thoughts on this?
 
There's no-one to sue. Who breached their duty of care to you and caused you harm? Utility providers contractually stipulate "best effort" and specifically exclude liability for loss suffered through interrupted service.

We make sure our servers and systems are backed up with a decent volume imaging tool that enables bare-metal restore to dissimilar hardware. We use Acronis Backup Advanced Universal. It supports Windows and Linux servers, all major hypervisors, Exchange, SQL, AD and SharePoint. And it can restore to dissimilar hardware.
 
Grep said:
So in the past collective weekend, my clients including my company have lost kit. This includes NAS devices, switches, UPS's and generators. Tomorrow is going to be an absolute nightmare, lost an AD server, exchange is completely gone ... I can go on.

We had a full phase three system auto failover, but it failed due to the power strikes. This is going to cost us hundreds of hours of manpower to revive everything plus buying new kit.
Click to expand...

If you don't have a tested backup system - with daily offsite backups - you have but yourself to blame.
 
rrh said:
If you don't have a tested backup system - with daily offsite backups - you have but yourself to blame.
Click to expand...

*sigh* ... I have already restored the backups and they are running and no one is even the wiser. Point being, who pays for my time? Why must the client be double billed for work which was not required. I have replaced all the devices and everything is up as per normal, but now my clients are sitting with a huge bill for my time.

.... And it's not their fault
 
If you can get hold of Barry Roux, and have a few million spare, he might win a case / claim for you.
 
Grep said:
*sigh* ... I have already restored the backups and they are running and no one is even the wiser. Point being, who pays for my time? Why must the client be double billed for work which was not required. I have replaced all the devices and everything is up as per normal, but now my clients are sitting with a huge bill for my time.

.... And it's not their fault
Click to expand...

If your clients are covered for data recovery services (or something similar) - which is fairly common in business insurance - you should be able to bill their insurance company.

If they aren't covered it's their problem so don't feel bad about billing them: well hey, sh*t - like motor car accidents - happens.

My attitude - i.e. feeling sorry for the client - was similar to yours. Then I spent a year or so developing systems for an insurance brokerage ...

Let's just say I had a radical attitude adjustment :)
 
You need to get some new equipment. Since when does a simple power failure cause you to "lose" equipment like that?
 
Grep said:
So in the past collective weekend, my clients including my company have lost kit. This includes NAS devices, switches, UPS's and generators. Tomorrow is going to be an absolute nightmare, lost an AD server, exchange is completely gone ... I can go on.
Click to expand...

If you lost all of this due to blackout, then you should look at your electricians.
 
Yes agreed. If your UPS system failed like you say then you should sue the equipment provider. If they are building equipment that doesn't clean-up SA's power (and doesn't act uninteruptably when power is lost) then they shouldn't be selling in SA. Moreover the equipment provider themselves probably isn't in the wrong, it is the engineer who specified it. They should have professional indemnity insurance for this.
 
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Grep said:
*sigh* ... I have already restored the backups and they are running and no one is even the wiser. Point being, who pays for my time? Why must the client be double billed for work which was not required. I have replaced all the devices and everything is up as per normal, but now my clients are sitting with a huge bill for my time.

.... And it's not their fault
Click to expand...

You charge the client, and they claim from their insurance. The insurance then faces the option of recouping the funds from eishkom, or running the loss themselves.
And if the client opted not to have surge insurance, then they can thank themselves and pay you
Life sux in terms of that. BUT there is no reason why you should lose out.

Such is the nature of your profession.
/shrug
 
Venomous said:
You charge the client, and they claim from their insurance. The insurance then faces the option of recouping the funds from eishkom, or running the lose themselves.
And if the client opted not to have surge insurance, then they can thank themselves and pay you
Life sux in terms of that. BUT there is no reason why you should lose out.

Such is the nature of your profession.
/shrug
Click to expand...

OUR profession, you mean :p
 
The_Librarian said:
OUR profession, you mean :p
Click to expand...

:whistle:

As I said in TK....


IT, mechanics, plumbers, electricians, and a few others, make their money off the need/urge/misfortune of others.

I always recommemd full surge cover insurance, and surge equipment, combined with plugging out. There is nothing I can do if you choose not to hear the advice.
 
Grep said:
So in the past collective weekend, my clients including my company have lost kit. This includes NAS devices, switches, UPS's and generators. Tomorrow is going to be an absolute nightmare, lost an AD server, exchange is completely gone ... I can go on.

We had a full phase three system auto failover, but it failed due to the power strikes. This is going to cost us hundreds of hours of manpower to revive everything plus buying new kit.

I am guessing Eskom have in their T&C's something about not being responsible for anything. Does anyone have thoughts on this?
Click to expand...

Say what...did you buy this stuff at Builders Warehouse and install it yourself? How does a blackout destroy UPS's and generators? And re. AD servers and Exchange. Our clients run same equipment/solutions, on proper UPS/Inverter battery backups systems. Their server rooms can run for up to 8 hours on the batteries. No downtime or damage at all.
 
MightyQuin said:
Say what...did you buy this stuff at Builders Warehouse and install it yourself? How does a blackout destroy UPS's and generators? And re. AD servers and Exchange. Our clients run same equipment/solutions, on proper UPS/Inverter battery backups systems. Their server rooms can run for up to 8 hours on the batteries. No downtime or damage at all.
Click to expand...

area dependent. There was lightning over a large part of GP this weekend, at various times.

Lightning will lick that equipment and fry it if in the wrong place.
People also make the mistake of thinking that all damage occur on the turn off of the power.

In fact there is limited to no chance of damage when the power goes off. It damages equipment on the return surge of the electricity. That initial surge is more dirty than our electricity generally running.
For a better image... When water is turned off and later on again. You then want coffee and stick the kettle in under the tap to top it up. As the water initially explodes out the tap it knocks the kettle out off your had. The water stablizes after a bit.

The same happens with electricity.

IE even if you do not unplug all wall switches must be off, where possible, as it assists in keeping equipment and appliances safe.
 
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