Step #2.  
Retain legal counsel or talk to general counsel.

On Mar 4, 2010, at 4:22 PM, Adcock, Matt [HISNA] wrote:

> 
> Don't deploy the equipment, demand a refund, and report the reseller to 
> Cisco.  I agree completely with Brian - find a good Cisco partner and stick 
> with them.  Also, you can't legally buy used Cisco equipment and use the 
> operating system.  You can buy the equipment but the OS is absolutely 
> non-transferrable.  If you try to get SMARTNet on it red flags will go up and 
> Cisco won't support it.
> 
> Thanks,
> Matt
> 
> 
> 
> Matt Adcock, Manager
> 334-481-6629 (w) / 334-312-5393 (m) / madc...@hisna.com
> 700 Hyundai Blvd. / Montgomery, AL 36105
> 
> P
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> 
> 
> From: Brian Feeny [mailto:bfe...@mac.com]
> Sent: Thu 3/4/2010 3:05 PM
> To: Kaveh .
> Cc: nanog@nanog.org
> Subject: Re: Cisco hardware question
> 
> 
> 
> 
> If you are getting Cisco hardware with configs on it or crashfiles, etc. Then 
> no it is NOT new equipment.  Who are you buying from?  Are they a Gold 
> partner on Cisco's partner locator?  If not, then I have seen some seedy 
> things, and of course i have seen seedy things with Gold partners too, I am 
> just pointing out that the ability to compete and make margin get more and 
> more difficult the lower the partner is on the totem pole and so desperation 
> can drive certain behavior.
> 
> In general from a cisco Gold partner you can expect as good as 35-40% or so 
> on new equipment for a discount for regular deals.  Special pricing for 
> special projects you may be able to get a bit better, and maybe 1% or so 
> better for general products from CDW or a big box company like them.  If you 
> are paying 50-60% off list for just individual items you order, then its 
> likely not new and there is likely something shady going on, as no partner is 
> going to get you some special discount pricing on a single 3845 for example.
> 
> All of your good gold partners are going to charge around the same give or 
> take a few percent on material.  So find someone you can trust and just build 
> a relationship.  If your paying new prices for used gear then yes you are 
> getting ripped off.
> 
> I would be glad to recommend to you a reputable gold partner if you email me 
> off list.
> 
> 
> Brian
> 
> 
> On Mar 4, 2010, at 3:48 PM, Kaveh . wrote:
> 
>> 
>> Hello,
>> 
>> I apologize if this is an unusual topic but I would like to know what this 
>> expert community thinks about this issue:
>> 
>> We have noticed that a number of Cisco appliances we have recently purchased 
>> and paid (AS NEW), are being shipped as if they have been already 
>> used/refurbished. In other words, several times we have seen brand new Cisco 
>> hardware, out of the box, that has pre-existing configuration (Interfaces 
>> with Private IP addresses, static routes, etc ...) and in some cases even 
>> non-system files, like 'crashdump.txt' or additional IOS images. Most 
>> importantly our latest purchase; 2 'new' ASAs, contain a series of files 
>> named: FSCK0000.REC, FSCK0001.REC, FSCK0002.REC, etc ... . Based on some 
>> research it seems like that these files are 'recovery files' signaling 
>> bad/failing hard disks in these appliances.
>> Anyone on thhis group has seen this before and if yes, are we supposed to 
>> blindly trust the vendor saying the hardware is new, safe and secure?
>> 
>> The only way I can explain this is that the hardware has been refurbished or 
>> previously configured for reasons unknown to me. I think if customers pays 
>> for new hardware, they should get new hardware, even if refurbished hardware 
>> may be covered by Smartnet.
>> 
>> Any thoughts or recommendations anyone? The last thing we want to do is to 
>> deploy faulty (or non secure) security appliances in production. :)
>> 
>> Thank you
>> 
>> Best regards
>> 
>> 
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