When a Giant Sells You a Ghost
A small British innovation company recently found itself in an impossible position.
They had entered into what appeared to be a promising deal with the UK subsidiary of a large US-based enterprise technology manufacturer — a household name. The agreement involved financing the acquisition of a specialised high-performance server, sold as new, state-of-the-art, and mission-ready.
What they received was a system that, within days of installation, failed to operate as advertised. Investigations revealed indications that the equipment had been previously used, and internal communications suggested that even the supplier’s own staff were aware of problems.
But here’s the true outrage: the financing contract — designed by the supplier’s own captive finance arm — included clauses that explicitly deny the buyer any recourse, even if the delivered system is completely unfit for purpose. No refunds. No service resolution. No right to reject.
When the small company sought to assert its rights, it was met with silence, delay, and ultimately, the full force of an international legal team. The tech giant, instead of fixing the problem, threatened to wind up the company, weaponising a financial instrument to force payment for a machine that had already failed.
This is not just a commercial dispute — it raises questions of asymmetry, ethics, and structural abuse. Can a supplier knowingly deliver malfunctioning hardware, shield itself through its own financing arm, and then threaten the very survival of the client when the product fails?
There is a word for this in the court of public opinion: fraud by complexity.
The small company is fighting for its survival in the courts, with limited resources, but a deep sense of justice. It represents a growing concern for many in the UK’s innovation ecosystem — that the same firms entrusted with critical infrastructure may be operating under a “too big to answer” philosophy.
At stake is more than one company. At stake is the very fabric of trust between supplier and client, and the question of how far we will allow legal power to insulate commercial giants from responsibility.
If regulators, journalists and the public don’t ask these questions — who will?
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