On Feb 22, 2009, at 1:26 PM, JC Dill wrote:
Seth Mattinen wrote:
If I give someone money to do something, and they fail to meet the
contracted metrics, what else can they give me except money back?
They can pay a penalty. Simply giving you your money back may not
make you whole. Many businesses could make out like a bandit if
they don't have to pay a penalty when they don't perform, but just
give you your money back. In some lines of business (e.g.
residential rental housing) we have laws to protect buyers (renters)
that stipulate penalties when sellers (landlords) don't provide the
services (livable housing) required by law, in addition to refund of
the fee (rent) paid for the services.
Giving you your money back when you didn't get the goods isn't
really providing an SLA, it's simply not defrauding the customer.
That ain't gonna happen.
The housing laws you mention are the exception, not the rule. Very,
very, very few businesses have any liability for lack of performance
other than the money you paid them. And some not even that.
--
TTFN,
patrick
