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If you are selling services, the UCC does not apply. But you will likely nd similar protections under the common law of your state. The common law tends to favor a party who has fully performed a service. This is especially true if there are ascertainable standards for performance such as having your oil changed or your house painted. This is the case even if you hire the owner of the company to paint your house and he sends his dim-witted son who gets his foot stuck in a paint can and leaves his footprints in your driveway. Generally, so long as the service is completed within the speci ed time frame, you must pay the company that provides it. However, an exception is recognized for personal services. A service is personal in nature when you are clearly hiring the skills and talents of a speci c person for example, consultants, artists, astrologers, and hairdressers. Still, the law favors the performing party so long as they perform the service (even if they have an off day or give you bad advice). But a seller generally has one important, widely recognized right, with respect to personal service contracts: the person you hire is the person you get.

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Suppose you sign a contract speci cally hiring Bingo the clown to entertain at your company picnic and the agency instead sends Bozo, who manages to terrify your boss s four-year-old daughter by threatening to cut a bunny in half. Most jurisdictions will recognize a breach of contract, because services by a performing artist are personal in nature. Substitutions simply are not allowed unless the contract speci cally provides for them. A written agreement or notation on a QuickBooks form can alter the presumption that the person who performs a service pursuant to a contract is always entitled to be paid for it. For example, if you enter into a contract to have a mural depicting your company s seven products painted on the side of its building, you might want to indicate that the contract is subject to your approval after you have seen the artist s representation of the rst item. Adding the words subject to the approval of can give you a lot of legal recourse if the independent contractor you hire simply isn t cutting it. If you are entering into a contract for the purchase of service Items, you can easily add some terms for review and approval in the Message and Memo sections of the purchase order, as shown in Figure 33-4.

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The Act sets minimum standards of security, access, and control for all health-care organizations, including biotech laboratories that use clinical data At the hardware and software level, security can be provided by applications and hardware architectures that rely on username and password software protection schemes, secure ID cards, and biometrics such as voice, ngerprint, and retinal recognition In addition, process issues, such as resource management, knowledge man agement policies and guidelines, and process de nitions are just as impor tant in de ning the security of a collaborative environment Even as the biotech-speci c supercomputer projects become commer cially viable and generally available, supportive political and legal envi ronments will continue to be necessary for true collaboration Projects such as IBM s Blue Gene, and emergent technologies such as Web services and grid computing architectures will soon become commercially viable.

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Figure 33-4: This purchase order reserves the right to inspect the counters that have been ordered prior to installation.

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These technologies may necessitate new legislation regarding the sharing of sensitive information such as biological data that may be used for weapons development..

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