OIC. So they did make an offer.
This of course would be their get-out clause, should any legal action be taken.
"Your honour, we are having problems supplying retailers with these 24" units. And we do have a small percentage set aside to give to customers with faulty units. However, we cant give these customers the units that have been sold to the retailers, as they have already been paid for.
As a gesture of good will, we did offer Mr Erbs a 17" unit, which have in stock, to tie him over until a 24" unit becomes available. Mr Erbs declined this.
We apologise for the inconvenience, but we are doing everything within our power to get Mr Erbs a working unit."
How's that?