Link to ACCC material on Customer protections/rights
grail at goldweb.com.au
Sat Nov 2 01:17:38 EST 2002
Sam Couter wrote:
> And why are engineers and architects not required to meet the same basic
> standards as any other service provider?
Because they are bound by contract law, not trade practices in this case.
Check out the article at
An interesting quote:
The relationship between the professional service provider
and the consumer is all important. The responsibility for
delivery of the service to meet the consumers needs rests
not only on the ability of the professional, but more
importantly, with the consumer’s ability to communicate
their requirements effectively. Imposing requirements on
professionals to deliver a service that is “fit for
purpose” would require the consumer to be in a position
fully to define and articulate the purpose of the service,
and comprehensively to determine the final end use of the
artefact created from the service. The “fitness for
purpose” test as applied in the various pieces of
legislation to professional services is inappropriate.
> Am I, a BIT, an "engineer" when I provide the professional services of
> writing, modifying, installing or configuring software?
No more than you are an architect.
> Is Microsoft an "engineer" when it sells software?
Microsoft isn't even an "engineer" when it builds the software. "mass
producer" or "publisher" perhaps.
Note that the attitude of the Institute of Engineers in the quoted
article is that service providers should be allowed to be exempt from
"fitness for purpose" clauses, simply because IEAUST expect that the
market should allow shoddy products to be sold. They don't actually
invoke the spirit of "market forces", but they get damned close to it.
The main difference between an Engineer/Architect providing services and
anyone else providing services is that an Engineer/Architect is usually
providing one-off (or "bespoke") services, to a client who doesn't
necessarily know what they want.
Compare this to Microsoft who writes the product they want to write,
then flogs it off to the general public, claiming that they have an
"Operating System" or "Web Services" - when in fact what they have is a
*Yes, I've been playing System Shock 2 for far too long.
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