There are many experiences I have had with components not meeting specifications. MFG process changes will correct the problem sooner or later. Often from customer feedback as in my case.
Fan MTBF. We had a product using 8 large HDD's and 8 fans per cabinet and needed to verify system MTBF was > 25khr. Thus we ran extended life tests on 30 fan units with start stop every minute and same with HDD's rated for 10k min start stops. Eventually we found Nidac fans, a reputable source, to fail on certain positions and I determined it was a process failure with Hall sensor alignment at the magnetic commutation points were off. I sent our simple start stop circuit design and demanded 100% testing for 100 cycles. They fixed the problem and our yield went to 100%. 15 yrs later different company product and fan, product reported a few dead fans. I found the same symptom and tested 100 fans with 10% failure rate and told supplier ( big fan OEM ) the same and sent circuit and got the same results.
Back in 1977 when Burr Brown made fast Hybrid ADC's mil-std 883B qualified for nuclear inspection robot system I designed, I found 2 chips had the same problem with missing codes on a linear sweep of input voltage usually occurring near the xxxxxxx01111 to xxxxxxx10000 boundaries. So I surmised it is was an internal VRef shift due to digital currents on internal wire bonds and asked BB for a solution. They had none at the time. So I ordered Industrial quality parts instead and found they did not have this problem and chalked it up to a BB process error or change not implemented yet on the Hi-Rel part process with X-Ray inspection.
I have had hundreds of similar experiences like caps leaching after reflow and changing values only from certain vendors or flash memory reliability issues, but for the most part in my years as Eng Mgr for contract MFG. 1% of the failures are bad parts and 95% are solder process related in a good design, while design margin faults made up the rest. The solder process could be argued whether it was PCB design or process design/ materials, I suppose.
As a Test Engineer I took my job very seriously and the quality of the datasheets detailed specs and test conditions is critical to the faith I put into suppliers. ... which says a lot about EBay items with no specs. ..... that's a crap shoot and the seller's reputation is at stake.
As far as Independant Brokers are concerned, having seen the operations of many from the inside, they have no clue about detailed specs or traceability and fake parts and rely on theIR supplier relationship to block bad/fake/clone parts. If you do large sales business, you must establish trust and consequences. For military orders, Traceability Certs are required, but can also affect your credibility if fake. Just ask any broker if they have 10ns rise time and see what response you get ;)
As far as litigation and liability all of the Big OEM's have a legal staff to handle law suits on issues like performance and patents.. So read the Fine Print.