how can we be for sure that this rod is weaker than a stock rod.
In my experience of racing motors, (I race a latemodel with a 350 chevy under the hood). I have blown plenty of SBC motors and no warranty was implied unless the parts manufacture acutally warrantied their part in which case they will exchange the broken part for the same new part. I have never heard of a builder or machine shop warranting any whole motors and seldom do they give you a discount when you blow one up.
There was dyno proof the rod was inheritently weaker and hopefully metallurgy information will follow.
As far as where liability is limited on "defective" parts....
Just like the Magnuson-Moss warrantee act where an aftermarket part has to be proved as the cause of a failure to reject a warrantee claim, there is case law where a defective part has broken and caused collateral damages. The company was forced to replace the part and pay for cost of replacement (parts and labor) of affected collateral parts.
The problem is burden of proof. Most times it's too expensive, time consuming, etc. and most just eat the additional cost themselves as it's cheaper in the long run (considering time is money).
In this case, I'm not sure what Nick stating in writing so there may be no legal leg to stand on.
I know Mike L, Guy, Erik and other's have all helped people out during failures "above and beyond the call of duty" whether or not their work and/or their parts even caused the problem. Many times they even helped out others when "another vendor or vendor part" was the actual cause of a problem. It will be interesting to see how this issue unfolds in the future and what Nick does. I know Guy and several other's helped Ben get is truck back on the road in this situation and they had nothing to do with the failure....
Not that it would happen as he makes sure his parts are tested and is a competent installer, but hypothetically speaking, I would be willing to bet that if Mike L installed a $5 part incorrectly into a transmission and it caused a catastrophic failure (total tranny rebuild), he would take care of the entire transmission (not just the $5 part) and get the customer back up and running in a timely manner......
Just some things to ponder.....