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Supplier Compliance
General Provisions for Commercial Subcontracts/Purchase Orders
Supplier Compliance
General Provisions for Commercial Subcontracts/Purchase Orders
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(a) This Contract integrates, merges, and supersedes any prior offers, negotiations, and agreements concerning the subject matter hereof and constitutes the entire agreement between the parties. (b) SELLER's acknowledgment, acceptance of payment, or commencement of performance, shall constitute SELLER's unqualified acceptance of this Contract. (c) ADDITIONAL OR DIFFERING TERMS OR CONDITIONS PROPOSED BY SELLER OR INCLUDED IN SELLER'S ACKNOWLEDGMENT HEREOF ARE HEREBY OBJECTED TO BY SAFARILAND AND HAVE NO EFFECT UNLESS EXPRESSLY ACCEPTED IN WRITING BY SAFARILAND. All orders are non-binding and subject to review and acceptance by Safariland in Jacksonville, Florida.
(a) This Contract and all matters arising from or related to it shall be governed by and construed in accordance with the laws of the State of Florida, excluding its choice of law rules. (b)(1) SELLER shall comply with all applicable laws, orders, rules, regulations, and ordinances. SELLER shall procure all licenses and permits, and pay all fees and other required charges necessary to conduct its business, all at SELLER's expense. (2) SELLER shall be responsible for compliance with all requirements and obligations relating to its employees under all applicable local, state, and federal statutes, ordinances, rules, and obligations including, but not limited to, employer's obligations under laws relating to: income tax withholding and reporting; civil rights; equal employment opportunity; discrimination on the basis of age, sex, race, color, religion, disability, national origin, or veteran status; work eligibility status in the United States as determined through E-Verify, a federal immigration verification system; overtime; minimum wage; social security contribution and withholding; unemployment insurance; employer's liability insurance; worker's compensation; veteran's rights; employment of child labor, convict labor, or sweatshop labor; and all other employment, labor, or benefits related laws. (3) SELLER certifies they are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any federal department or agency. (4)If Safariland incurs or is assessed any fines, penalties or interest or any other costs or damages as a result of any violation of applicable laws, orders, rules, regulations, or ordinances by SELLER, its directors, officers, employees, agents, suppliers, or subcontractors at any tier, SAFARILAND may proceed as provided for in subparagraph 2(b)(5) below. (5) Upon the occurrence of any of the circumstances identified herein, SAFARILAND may make a reduction of corresponding amounts (in whole or in part) in the price, or in the costs and fee, of this Contract or another contract with SELLER, and/or may demand payment (in whole or in part) of the corresponding amounts. SELLER shall promptly pay amounts so demanded. (c) SELLER shall not import any chemicals as defined in the Toxic Substances Control Act (hereinafter "TSCA") 15 U.S.C.2601 et seq. to SAFARILAND in the performance of this order. The term "chemical substance" or "mixture" shall include, but is not limited to, formulated products such as hydraulic fluids, solid and liquid fuels, lubricants, solvents, adhesives, resins, paints or other coatings. Should any chemical be required to be imported to SAFARILAND, SELLER shall do the following: (i) provide a written request at least 30 days prior to shipment for authorization to import the chemical from SAFARILAND; (ii) SELLER shall verify that the chemical, or each chemical substance within a mixture, is listed on the TSCA Inventory, maintained by the United States Environmental Protection Agency, §8 (b) of TSCA, 15 U.S.C. §2607 and is otherwise in full compliance with TSCA; (iii) SELLER shall have SAFARILAND's written authorization of the intended importation of the chemical substance prior to the shipment leaving the foreign destination. SELLER shall not include any chemicals, such as paint or oils, with any shipment of an article unless it is an integral part of the article itself. SELLER shall be liable for ensuring that all shipments containing such chemical substance are properly certified per US EPA regulations 40 CFR 700 through 799 and Customs and Border Control regulations 19 CFR 12.118 through 12.128, and that SELLER is identified at the importer of record for all shipments. Under no circumstances shall SELLER cause SAFARILLAND to be identified as the importer of record or the consignee for a shipment containing a chemical substance that SELLER caused to be imported into the United States. (d) SELLER shall provide to SAFARILAND with each delivery any Material Safety Data Sheet (29 C.F.R. 1910.1200) applicable to the Work in conformance with and containing such information as required by the Occupational Safety and Health Act of 1970 and regulations promulgated thereunder, or its state approved counterpart.
Any assignment of SELLER's contract rights or delegation of duties shall be void, unless prior written consent is given by SAFARILAND. However, SELLER may assign rights to be paid amounts due, or to become due, to a financing institution if SAFARILAND is promptly furnished a signed copy of such assignment reasonably in advance of the due date for payment of any such amounts. Amounts assigned to an assignee shall be subject to setoffs or recoupment for any present or future claims of SAFARILAND against SELLER. SAFARILAND shall have the right to make settlements and/or adjustments in price without notice to the assignee.
(a) The SAFARILAND Procurement Representative may at any time, by written notice, and without notice to sureties or assignees, make changes within the general scope of this Contract in any one or more of the following: (i) technical requirements and descriptions, specifications, statement of work ("SOW"), drawings or designs; (ii) shipment or packing methods; (iii) place of delivery, inspection or acceptance; (iv) reasonable adjustments in quantities or delivery schedules or both; and (v) if this Contract includes services, description of services to be performed; time of performance (e.g., hours of the day, days of the week, etc.); and place of performance, then SELLER shall comply immediately with such direction. (b) If any such change causes an increase or decrease in the cost of, or the time required for, performance of any part of this Contract, SAFARILAND may make an equitable adjustment in the Contract price and/or delivery schedule, and modify the Contract accordingly. Changes to the delivery schedule will be subject to a price adjustment only. (c) Any claim for an equitable adjustment by SELLER must be submitted in writing to SAFARILAND Procurement Representative within thirty (30) days from the date of notice of the change, unless SAFARILAND and SELLER agree in writing to a longer period. (d) Failure to agree to any adjustment shall be resolved in accordance with paragraph 8 "Disputes/Jury Waiver." However, nothing contained in this paragraph 4 shall excuse SELLER from proceeding without delay in the performance of this Contract as changed.
(a) Only a SAFARILAND authorized representative has authority make changes in, to amend, or to modify this Contract. Such changes, amendments or modifications must be in writing. (b) SAFARILAND program, operations, engineering, technical, or other personnel may from time to time render assistance, give technical advice, discuss, or exchange information with SELLER's personnel concerning the Work hereunder. Such actions shall not be deemed to be a change under paragraph 4 "Changes" and shall not be the basis for equitable adjustment. If SELLER believes the foregoing creates an actual or constructive change, SELLER shall notify the SAFARILAND Procurement Representative and shall not accept such direction or perform said action unless authorized under subparagraph 5(a). (c) Except as otherwise provided herein, all notices to be furnished by SELLER shall be sent to the SAFARILAND Procurement Representative.
Unless otherwise specified in this Order, all goods shipped by SELLER shall be DAP, SAFARILAND receiving dock, or if SAFARILAND pays for all shipping then FCA SELLER WAREHOUSE (INCOTERMS 2010), subject to SAFARILAND's later right of inspection and acceptance. Title and risk of loss shall pass to SAFARILAND only upon delivery to SAFARILAND receiving dock. Under DAP shipping terms, the SELLER shall pay for all shipping, handling, and insurance costs.
(a) Definitions for purposes of this Contract: (i) "Counterfeit Parts" shall mean a part, component, module, or assembly whose origin, material, source of manufacture, performance, or characteristics are misrepresented. This term includes, but is not limited to, (A) parts that have been (re)marked to disguise them or falsely represent the identity of the manufacturer, (B) defective parts and/or surplus material scrapped by the original manufacturer, and (C) previously used parts pulled or reclaimed and provided as "new". (ii) As used herein, "authentic" shall mean (A) genuine; (B) from the legitimate source claimed or implied by the marking and design of the product offered; and (C) manufactured by, or at the behest and to the standards of, the manufacturer that has lawfully applied its name and trademark for that model/version of the material. (b) SELLER represents and warrants that only new and authentic materials are used in products required to be delivered to SAFARILAND and that the Work delivered contains no Counterfeit Parts. No other material, part, or component other than a new and authentic part is to be used unless approved in advance in writing by SAFARILAND.
The following terms shall have the meanings set forth below: (a) "SAFARILAND" means the SAFARILAND legal entity as identified on the face of the Contract; (b) "SAFARILAND Procurement Representative" means the person authorized by SAFARILAND'S cognizant procurement organization to issue this Contract; (c) "Contract" means the instrument of contracting, such as "PO", "Purchase Order", or other such type designation, including all referenced documents, exhibits and attachments. If these terms and conditions are incorporated into a "master" agreement that provides for releases, (in the form of a purchase order or other such document) the term "Contract" shall also mean the release document for the Work to be performed; (d) "Customer" means the entity with whom SAFARILAND has or anticipates having a contractual relationship to provide services or goods that utilize or incorporate the Work; (e) "Intellectual Property" shall mean any legally enforceable rights, worldwide under statute or common law in respect of inventive subject matter or original works of authorship, including, but not limited to, inventions, designs, whether registered or not, patents, copyrights (including mask works), trademarks and trade secrets, discoveries, improvements, technology, designs mask works, technical information, data, Software, business information and other information; (f) "PO" or "Purchase Order" as used in any document constituting a part of this Contract shall mean this "Contract"; (g) "SELLER" means the party identified on the face of this Contract with whom SAFARILAND is contracting; (h) "Software" means: (1) computer programs, source code, source code listings, executable code, machine readable code, object code listings, design details, algorithms, processes, flow charts, formulae, and related material that would enable software to be read, reproduced, recreated, or recompiled; (2) associated documentation such as operating manuals, application manuals, and installation and operating instructions that explain the capabilities of software and provide instructions on using the software; and (3) derivative works, enhancements, modifications, and copies of those items above; (i) "Work" means all required articles, materials, supplies, goods and/or services purchased by SAFARILAND as well as the resale of such articles, materials, supplies, goods and/or services provided hereunder, and including, but not limited to, technical data and Software constituting the subject matter of this Contract.
(a) All disputes arising from or related to this Contract, which are not disposed of by mutual agreement may be decided by recourse to an action at law or in equity in accordance with subparagraph 9 (b) below. Until final resolution of any dispute hereunder, SELLER shall diligently proceed with the performance of this Contract as directed by SAFARILAND. (b) SAFARILAND and SELLER agree to timely notify each other of any claim, dispute or cause of action arising from or related to this Contract, and to negotiate in good faith to resolve any such claim, dispute or cause of action. To the extent that such negotiations fail, SAFARILAND AND SELLER AGREE THAT ANY LAWSUIT OR CAUSE OF ACTION THAT ARISES FROM OR IS RELATED TO THIS CONTRACT SHALL BE FILED WITH AND LITIGATED ONLY IN FEDERAL OR STATE COURT IN DUVAL COUNTY, STATE OF FLORIDA; AND SAFARILAND AND SELLER EACH HEREBY CONSENT AND AGREE TO THE PERSONAL JURISDICTION AND VENUE OF SUCH COURTS, AND WAIVE ANY DEFENSE OR OBJECTION TO THE EXERCISE OF PERSONAL JURISDICTION AND/OR VENUE BY ANY SUCH COURT. (c) TO THE EXTENT PERMITTED BY APPLICABLE LAWS, SAFARILAND AND SELLER EACH WAIVE ANY RIGHTS WHICH EITHER MAY HAVE TO TRIAL BEFORE A JURY OF ANY DISPUTE ARISING FROM, OR RELATED TO, THIS CONTRACT. SELLER AND SAFARILAND FURTHER STIPULATE AND CONSENT THAT ANY SUCH LITIGATION BEFORE A COURT OF COMPETENT JURISDICTION SHALL BE NON-JURY.
In the performance of this Order, Vendor shall comply with all applicable environmental, safety & health regulations, codes and standards.
(a) SELLER shall comply with all applicable United States export control laws and regulations, including, but not limited to, the requirements of the Arms Export Control Act, 22 U.S.C. 2751-2794, the International Traffic in Arms Regulation (ITAR), 22 C.F.R. 120 et seq.,the Export Administration Act, 50 U.S.C. app. 2401-2420, and the Export Administration Regulations, 15 C.F.R. 730-774. SELLER shall obtain all required export licenses or agreements necessary to perform SELLER's Work, as applicable. (b) Without limiting the foregoing, SELLER shall not transfer any export-controlled item, data or services, to include transfer to a person who is not a "U.S. Person" as defined in the ITAR (22 C.F.R. 120.15), without the authority of a United States Government export license, technical assistance agreement, or other authority. The restrictions on the transfer of export controlled data apply equally to data furnished by SAFARILAND and to any such data incorporated in documents generated by SELLER. Additionally, no disclosure of data furnished by SAFARILAND can be made unless and until SAFARILAND has considered the request and provided its written approval though contractually authorized channels. SELLER will strictly comply with the conditions in any such approval and in the export license or other Government authorization for such disclosure. (c) Export License, Export Agreement, or Applicable License Exemption or Exception. Further, a United States Government export license, export agreement, or applicable license exemption or exception shall be obtained by SELLER prior to the transfer of any export-controlled item, data or services to any U.S. Person that is employed by any "Foreign person" within the meaning of 22 C.F.R. 120.16. (d) SELLER shall notify SAFARILAND if any use, sale, import or export by SAFARILAND of Work to be delivered under this Contract is restricted by any export control laws or regulations applicable to SELLER. (e) SELLER shall immediately notify the SAFARILAND Procurement Representative if SELLER is listed in any Denied Parties List or if SELLER's export privileges are otherwise denied, suspended or revoked in whole or in part by any government entity or agency. (f) If SELLER is engaged in the business of either exporting or manufacturing (whether exporting or not) defense articles or furnishing defense services, SELLER represents that it maintains an effective export/import compliance program in accordance with the ITAR and it is registered with the United States Office of Defense Trade Controls (unless covered by one of the exemptions set forth in 22 C.F.R. 122.1) as required by the ITAR. (g) Where SELLER is a signatory under a SAFARILAND export license or export agreement (e.g. TAA, MLA), SELLER shall provide prompt notification to the SAFARILAND Procurement Representative in the event of changed circumstances affecting said license or agreement. (h) SELLER shall indemnify, hold harmless and, at SAFARILAND'S election, defend SAFARILAND, its directors, officers, employees, and agents from and against all losses, costs, claims, causes of action, damages, liabilities and expense, including, but not limited to, reasonable attorneys' fees, all expense of litigation and/or settlement, and court costs, arising from or related to any act or omission of SELLER, its directors, officers, employees, agents, suppliers, or subcontractors at any tier in the performance of any of its obligations under this paragraph 10. SELLER shall include the requirements of this paragraph 9 in all agreements with lower tier subcontractors. (i) Failure of the United States Government or any other government to issue any required export or import license, or withdrawal/termination of a required export or import license by the United States Government or any other government, shall relieve SAFARILAND of its obligations under this Contract. Provided SELLER has diligently pursued obtaining such license and, through no fault of SELLER, such license has been denied, withdrawn, or terminated, SELLER shall also be relieved of its obligation under this Contract. In either event, this Contract may be terminated by SAFARILAND without additional cost or other liability. (j) If the technical data required to perform this Contract is subject to the United States International Traffic in Arms Regulations (ITAR), SELLER shall comply with the following: (1) The technical data shall be used only in performance of Work required by this Contract; and (2) The data shall not be disclosed to any other person, including lower-tier subcontractors within the same country, unless said person is expressly authorized pursuant to an export license or export agreement. The restrictions on the disclosure of export-controlled data apply to both data furnished by SAFARILAND and to any such data incorporated in documents generated by SELLER; and (3) Any rights in the data may not be acquired by SELLER or any other Non-U.S. Person; and (4) SELLER shall return, or at SAFARILAND'S direction, destroy all of the technical data exported to SELLER pursuant to this Contract upon fulfillment of its terms; (5) Unless otherwise expressly directed by SAFARILAND, SELLER shall deliver the Work only to SAFARILAND or to an agency of the U.S. Government.
Work shall not be supplied in excess of quantities specified in this Contract. SELLER shall be liable for handling charges and return shipment costs for any excess quantities.
(a) By accepting this Contract, SELLER certifies and represents that it has not made or solicited and will not make or solicit any offer, payment, promise to pay, or authorization to pay any money, gift, or anything of value to any governmental official or any political party, party official or candidate, either directly or through an intermediary, corruptly for the purpose of influencing any official act, omission, or exercise of influence by the recipient, to assist SAFARILAND or SELLER in obtaining or retaining business. (b) SELLER shall ensure that all lower tier subcontracts include this paragraph 12.
(a) No gratuities (in the form of entertainment, gifts or otherwise) or kickbacks shall be offered or given by SELLER, or anyone acting on SELLER's behalf, to any employee of SAFARILAND with a view toward securing favorable treatment as a supplier. (b) By accepting this Contract, SELLER certifies and represents that it has not made or solicited and will not make or solicit kickbacks in violation of FAR 52.203-7 or the Anti-Kickback Act of 1986 (41 U.S.C. Sec. 51-58), both of which are incorporated herein by this specific reference, except that paragraph (c)(1) of FAR 52.203-7 shall not apply. (c) SAFARILAND maintains an ethics program that includes a written code of conduct, training and awareness for all employees, details of which can be found at
. SAFARILAND expects and encourages all its suppliers to embrace ethical values of a comparable standard (including a method for reporting possible violations).
(a) SELLE''s relationship to SAFARILAND shall be that of an independent contractor and this Contract does not create an agency, partnership, or joint venture relationship between SAFARILAND and SELLER or SAFARILAND and SELLER personnel. SELLER personnel engaged in performing Work under this Contract shall be deemed employees of SELLER and shall not for any purposes be considered employees or agents of SAFARILAND. SELLER assumes full responsibility for the actions and supervision of such personnel while engaged in Work under this Contract. SAFARILAND assumes no liability for SELLER personnel. (b) SELLER personnel: (i) will not remove SAFARILAND or its Customer's assets from SAFARILAND'S or Customer's premises without SAFARILAND authorization; (ii) will use SAFARILAND or Customer assets only for purposes of this Contract; (iii) will only connect with, interact with or use SAFARILAND'S computer networks and equipment, communications resources, programs, tools or routines as SAFARILAND agrees, all at SELLER's risk and expense, and then only in compliance with applicable SAFARILAND policies; and (iv) will not share or disclose user identifiers, passwords, cipher keys or computer dial port telephone numbers. SAFARILAND may monitor any communications made over or data stored in SAFARILAND computer networks and equipment or communications resources.
Information provided by SAFARILAND to SELLER remains the property of SAFARILAND. SELLER shall comply with all proprietary information markings and restrictive legends applied by SAFARILAND to anything provided hereunder to SELLER. SELLER shall not use any SAFARILAND provided information for any purpose except to perform this Contract and shall not disclose such information to third parties without the prior written consent of SAFARILAND.
SELLER shall not provide any proprietary information to SAFARILAND without prior execution by SAFARILAND of a Proprietary Information or Non-Disclosure Agreement that expressly covers the performance of Work under this Contract.
(a) SAFARILAND and its Customer may inspect all Work at reasonable times and places, including, when practicable, during manufacture and before shipment. SAFARILAND shall perform such inspections in a manner that will not unduly delay the Work. SELLER shall provide all information, facilities, and assistance necessary for safe and convenient inspection without additional charge. (b) No such inspection (or election not to inspect) shall relieve SELLER of its obligations to furnish all Work in strict accordance with the requirements of this Contract. SAFARILAND'S final inspection and acceptance shall be at destination. (c) If SELLER delivers non-conforming Work, SAFARILAND may: (i) accept all or part of such Work at an equitable price reduction; (ii) reject such Work; or (iii) make, or have a third party make all repairs, modifications, or replacements necessary to enable such Work to comply in all respects with Contract requirements and charge the cost incurred to SELLER. (d) When Work is not ready at the time specified by the SELLER for inspection, SAFARILAND may charge to the SELLER the additional cost of inspection. (e) SAFARILAND may also charge the SELLER for any costs of additional inspection and/or transportation when rejection makes re-inspection necessary. (f) SELLER shall not re-tender rejected Work without disclosing the corrective action taken.
(a) In the event that SELLER, its employees, agents, or subcontractors enter the site(s) of SAFARILAND or its Customer for any reason in connection with this Contract, then SELLER and its subcontractors shall procure and maintain worker's compensation (with a waiver of subrogation in favor of SAFARILAND), automobile liability, comprehensive general liability (bodily injury and property damage) insurance in amounts reasonably acceptable to SAFARILAND, and such other insurance as SAFARILAND may reasonably require. SELLER shall indemnify, hold harmless and, at SAFARILAND'S election, defend SAFARILAND, its directors, officers, employees, and agents from and against all losses, costs, claims, penalties, causes of action, damages, liabilities, fees, and expenses, including, but not limited to, reasonable attorneys' fees, all expenses of litigation and/or settlement, and court costs, by reason of property damage or loss or personal injury or death to any person arising from or related to the actions or omissions of SELLER, its directors, officers, employees, agents, suppliers, or subcontractors while on the site(s) of SAFARILAND or its Customers. With respect to any injury, including, but not limited to, death, to employees of SELLER or SELLER's agents, subcontractors or suppliers, SELLER's obligation to indemnify and defend in accordance with this paragraph shall apply regardless of cause. SELLER shall provide SAFARILAND thirty (30) days advance written notice prior to the effective date of any cancellation or change in the term or coverage of any of SELLER's required insurance, provided however such notice shall not relieve SELLER of its obligations to procure and maintain the required insurance. If requested, SELLER shall send a "Certificate of Insurance" showing SELLER's compliance with these requirements. SELLER shall name SAFARILAND as an additional insured for the duration of this Contract. Insurance maintained pursuant to this paragraph shall be considered primary as respects the interest of SAFARILAND and is not contributory with any insurance that SAFARILAND may carry. "Subcontractor" as used in this subparagraph shall include SELLER's subcontractors at any tier. (b) SELLER shall ensure that personnel assigned to work on SAFARILAND'S or Customer's premises comply with any on-premises guidelines. Unless otherwise authorized in writing by SAFARILAND, SELLER's personnel assigned to work on SAFARILAND'S or Customer's premises shall while on SAFARILAND'S or Customer's premises (i) not bring weapons of any kind; (ii) not manufacture, sell, distribute, possess, use or be under the influence of controlled substances or alcoholic beverages; (iii) not possess hazardous materials of any kind; (iv) remain in authorized areas only; and/or (v) not solicit SAFARILAND'S employees for employment during business hours. (c) All SELLER personnel, property, and vehicles entering or leaving SAFARILAND'S or Customer's premises are subject to search. (d) SELLER shall promptly notify SAFARILAND and provide a report of any and all physical altercations, assaults or harassment, and accidents or security incidents involving death, personal injury or loss of or misuse of or damage to SAFARILAND'S or Customer's property, while on SAFARILAND'S or its Customer's premises. (e) SAFARILAND may, at its sole discretion, remove or require SELLER to remove any specified employee of SELLER from SAFARILAND'S or Customer's premises and request that such employee not be reassigned to any SAFARILAND premises under this Contract. Any costs arising from or related to removal of SELLER's employee shall be borne solely by SELLER and not charged to this Contract.
(a) SELLER grants and agrees that SAFARILAND shall have a nonexclusive, worldwide, perpetual, irrevocable, paid-up, royalty-free license and right to make, have made, sell, offer for sale, use, execute, reproduce, display, modify, perform, publish, distribute, copy, prepare derivatives or compilations, and authorize others to do any, some or all of the foregoing, with respect to any and all patents, trademarks, copyrights or technology embodied in or related to the products or services supplied by Seller ("Products") for the purpose of use, assembly with other products, sale, distribution, marketing or promotion of the products. SELLER shall provide all assistance reasonably required and execute all documents necessary to perfect the rights granted to SAFARILAND herein. (b) SELLER warrants that the Products will not infringe or otherwise violate the intellectual property rights of any third party in the United States or any foreign country and is free and clear of all liens, licenses, claims, and encumbrances. (c) SELLER shall, at its own cost and expense, defend SAFARILAND, its affiliates and its subsidiaries and any of their representatives, agents, dealers, distributors, independent contractors and customers (each an "Indemnified Party") from and against all allegations, claims, actions, lawsuits or proceedings (even though such allegations may be false, fraudulent or groundless) between any Indemnified Party and any third party, asserting that the use, manufacturing, sale, practice, or display by SAFARILAND, either alone or in conjunction with any Indemnified Party, of the Products, in whole or in part, directly, contributorily or by inducement, infringes, dilutes, constitutes unfair competition, misappropriates or otherwise violates any patent, trade secret, trade dress, trademark, copyright, mask work, publicity right or other intellectual property right of any third party (collectively identified here as "Claims"). SELLER shall retain defense counsel satisfactory to SAFARILAND to defend SAFARILAND from any Claims and shall, from time to time, provide reports, consult with SAFARILAND in conducting the defense of the Claims and otherwise cooperate fully with the reasonable requests of SAFARILAND; provided that SAFARILAND may, at its election and at any time, take control of the defense and investigation of said Claims and/or employ attorneys and other consultants, investigators and experts of SAFARILAND's own choice to manage and/or defend any such Claims at the cost and expense of SELLER. SELLER shall hold harmless and indemnify the Indemnified Parties from and against any and all damages, liabilities, judgments, penalties, fees, losses, costs and expenses (including reasonable attorney's fees, disbursements and costs of investigation) incurred by any of the Indemnified Parties arising directly or indirectly out of or in any way relating to any Claims. SELLER shall not settle, compromise or otherwise resolve any Claims without the prior written consent of SAFARILAND, unless such settlement, compromise or resolution does not involve the use or other exploitation by SAFARILAND of the Products. For the avoidance of doubt, any license entered into arising from or relating to a Claim under which SAFARILAND is a licensee or sub-licensee or under which SAFARILAND is authorized to take any actions shall constitute a resolution of a Claim for which SAFARILAND must give prior written consent If an injunction is obtained against SAFARILAND'S use of the Products or a portion thereof as a result of infringement or misappropriation of the intellectual property of any third party, SELLER shall either (i) procure for SAFARILAND and Customer the right to continue using the Products or (ii) replace or modify the Products so they become non-infringing.
Unless authorized in writing by the SAFARILAND Procurement Representative, all Work to be delivered hereunder shall consist of new materials, and shall not be used, or reconditioned, remanufactured or of such age as to impair its usefulness or safety.
(a) Unless otherwise specified, all Work is to be packed in accordance with good commercial practice. (b) A complete packing list shall be enclosed with all shipments. SELLER shall mark containers or packages with necessary lifting, loading, and shipping information, including the SAFARILAND Contract number, SELLER part number, SAFARILAND part number, description, quantity, pallet or box numbers, dates of shipment, and the names and addresses of consignor and consignee, and contact information if there are questions. Bills of lading shall include this Contract number. (c) The percentage of recovered material content for EPA-designated items will be at least the amount required by the applicable contract specifications. (d) SELLER shall provide Country of Origin documentation upon request by SAFARILAND. (e) SELLER shall send electronic copies of Certificates of Compliance and/or Certificates of testing as well as including copies of either Certificate with the shipment.
SAFARILAND may desire to place additional orders for items purchased hereunder. SELLER shall provide SAFARILAND with a "Last Time Buy Notice" at least twelve (12) months prior to any action to discontinue any item purchased under this Contract.
(a) Unless otherwise provided, terms of payment shall be sixty (60) net days from the latest of the following: (i) SAFARILAND'S receipt of SELLER's proper invoice; (ii) scheduled delivery date of the Work; or (iii) actual delivery of the Work. SAFARILAND shall have a right of setoff against payments due or at issue under this Contract or any other contract between SAFARILAND and SELLER. (b) Each payment made shall be subject to reduction to the extent of amounts which are found by SAFARILAND not to have been properly payable and shall also be subject to reduction for overpayments. (c) Payment shall be deemed to have been made as of the date of mailing SAFARILAND'S payment or electronic funds transfer. (d) Unless otherwise specified, prices include all applicable federal, state and local taxes, duties, tariffs, and similar fees imposed by any government, all of which shall be listed separately on the invoice.
(a) SELLER agrees to provide and maintain a quality management system that is based upon ISO9001.2008 and to provide access to SELLER's facilities at all reasonable times by SAFARILAND, authorized Customer representatives, and Regulatory Authorities. SELLER agrees to include, and to require its subcontractors to include, the substance of this paragraph, including this sentence, in each of its subcontracts under this Contract. Further, SELLER shall be in compliance with any other specific quality requirements identified in this Contract. (b) Records of all quality control inspection work by SELLER shall be kept complete and available to SAFARILAND and its Customers. (c) SELLER agrees to notify SAFARILAND Procurement Representative of nonconforming material that does not meet the requirements of this order that cannot be reworked to compliance. Approval will be required by SAFARILAND Procurement Representative prior to supplier shipment of nonconforming material to SAFARILAND. (d) SELLER agrees to notify SAFARILAND Procurement Representative with changes in product and/or process, changes of suppliers, and changes of manufacturing facility locations. (e) All hardware, data, other documentation, tooling and equipment required by SELLER during the performance of this order shall be maintained under configuration control. SAFARILAND'S approval of the drawing package shall constitute a baseline release for hardware fabrication. SAFARILAND'S approval of other such documentation shall likewise constitute a baseline release for applicable activities. Upon receipt of such approval, the SELLER shall not implement any change in design, processes, controls, parts or proprietary data released to SAFARILAND thereafter to internal functions or second-tier suppliers without SAFARILAND'S prior written approval. (f) The SELLER shall submit Class I (Class I ECO have a financial impact of $5000 or greater, effect product in the field and may include a recall) Engineering Change Orders (ECO's) to SAFARILAND for approval prior to implementing any such changes. SAFARILAND'S approval shall in no way relieve the SELLER from complying with the requirements of the order, nor shall approval relieve the SELLER's technical responsibility for the design. The SELLER shall further submit Class II ECO's (Class II ECOhave a financial impact over $500, affects the service organization, inventory or outside organization including approval agency) for informational purposes. Any SELLER classification disagreements shall be referred to SAFARILAND for a final decision. (g) SELLER shall maintain a Foreign Object Debris/Damage (FOD) prevention program. When applicable, SELLER's FOD prevention program shall include: (1) the review of design and manufacturing processes to identify and eliminate foreign object entrapment areas and paths through which foreign objects can migrate. (2) SELLER shall employ appropriate housekeeping practices to ensure timely removal of residue/debris, if any, generated during manufacturing operations or tasks. (3) SELLER shall determine if sensitive areas that may have a high probability for introduction of foreign objects should have special emphasis controls in place appropriate for the manufacturing environment. (4) By delivering items to SAFARILAND, SELLER shall be deemed to have certified to SAFARILAND that such items are free from any foreign material that could result in FOD.
Except as required by law, no public release of any information, or confirmation or denial of same, with respect to this Contract or the subject matter hereof, shall be made by SELLER without the prior written approval of SAFARILAND Procurement Representative.
(a) SELLER's timely performance is a critical element of this Contract. (b) Unless advance shipment has been authorized in writing by SAFARILAND, SAFARILAND may store at SELLER's expense, or return, shipping charges collect, all Work received in advance of the scheduled delivery date. (c) If SELLER becomes aware of difficulty in performing the Work, SELLER shall timely notify SAFARILAND, in writing, giving pertinent details. This notification shall not change any delivery schedule. (d) In the event of a termination or change, no claim will be allowed for any manufacture or procurement in advance of SELLER's normal flow time unless there has been prior written consent by SAFARILAND'S Procurement Representative.
SELLER warrants that all Work furnished pursuant to this Contract shall strictly conform to all specifications, drawings, samples, and descriptions, and other requirements of this Contract and be free from defects in design, material and workmanship. The warranty shall begin upon final acceptance. If any non-conformity with Work appears within that time, SELLER shall promptly repair, replace, or re-perform the Work. Transportation of replacement Work and return of non-conforming Work and repeat performance of Work shall be at SELLER's expense. If repair or replacement or re-performance of Work is not timely, SAFARILAND may elect to return the non-conforming Work or repair or replace Work or re-procure the Work at SELLER's expense. All warranties shall run to SAFARILAND and its Customers.
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Featured Article
Routine Lynch Syndrome Screening Varies at U.S. Cancer Centers
Screening practices for a condition called Lynch syndrome, which increases the risk of colorectal, endometrial, and other cancers, appear to vary substantially among different clinical centers in the United States, according to a new study.
Clinical guidelines developed by several different groups recommend routinely screening tumor samples from patients newly diagnosed with colorectal cancer for genetic markers of Lynch syndrome, although they differ with respect to exactly which patients should be screened (see Table). In the study—published online February 20 in the Journal of Clinical Oncology, and the first to attempt to assess current screening practices for the condition—only 42 percent of the responding centers reported that they conducted any routine screening for Lynch syndrome. Another 16 percent reported that they planned to do so.
NCI-designated comprehensive cancer centers—most of which are large academic medical centers that provide clinical cancer care and perform basic and clinical research—were far more likely than smaller hospitals and community cancer programs to perform this testing, the study showed.
In conducting the NCI-supported study, researchers from the City of Hope Cancer Center and Ohio State University Comprehensive Cancer Center surveyed all 39 NCI-designated comprehensive cancer centers that provide adult oncology care, a random selection of hospital-based cancer centers accredited by the American College of Surgeons, and a randon selection of community-based cancer programs. Of the 24 NCI-designated comprehensive cancer centers that responded to the survey, 71 percent reported that they routinely screened tumor samples from colorectal cancer patients, known as reflex testing. By comparison, only 15 percent of smaller community-based cancer programs reported doing so.
"Like any new practice, routine screening for Lynch syndrome will take time to be widely adopted," said the study's senior author, Dr. Deborah MacDonald of the Division of Clinical Cancer Genetics at City of Hope. "I think it's becoming more common, but it's clearly something that providers and institutions need to become more educated about."
Identifying All at Risk
Also known as hereditary non-polyposis colon cancer, Lynch syndrome is caused by mutations in several genes involved in a DNA repair process called mismatch repair (MMR, see video). The familial syndrome accounts for 2 to 4 percent of colorectal cancer cases; these and other Lynch syndrome-related cancers typically occur in people aged 50 and younger. (See the related article in this issue.)
Identifying Lynch syndrome-related cancers is important for multiple reasons, said Drs. MacDonald and Laura Beamer, the study's lead author. A diagnosis of Lynch syndrome can influence how much of the colon is removed during surgery, and women may opt for a hysterectomy, as well as removal of the ovaries, to reduce the risk of Lynch syndrome-related endometrial and ovarian cancers.
The larger impact, said Dr. Michael Hall, director of the Gastrointestinal Risk Assessment Program at Fox Chase Cancer Center in Philadelphia, may be on post-treatment surveillance for Lynch syndrome-related cancers, and on patients' close family members, who have up to a 50 percent chance of having the condition and may require more intense cancer screening than the general population.
"That's a critical point," said Dr. Hall. "This screening process allows us to identify many more people with an increased cancer risk."
A Complex Undertaking
Testing typically involves one or two different methods—DNA microsatellite instability (MSI) testing and immunohistochemistry (IHC) testing—to identify molecular changes that suggest MMR gene mutations. If these tests detect abnormalities, DNA mutational analyses are typically done to determine whether MMR gene mutations are present.
Just as clinical guidelines differ with respect to exactly which patients should be screened for Lynch syndrome, cancer centers—even the largest centers—differ in how they approach screening, the study found.
Some responding comprehensive cancer centers used the IHC test only, others used the MSI test only, and some used both. At City of Hope, tumor samples from all newly diagnosed patients younger than 60 are screened using the IHC test, with MSI testing performed as well in certain circumstances. At Ohio State, which has been at the forefront of Lynch syndrome screening, all newly diagnosed cases of colorectal cancer, regardless of the patient's age, have been screened using the IHC test since 2006.
"I do anticipate that things will become more uniform in the future as additional studies help elucidate the best, most cost-effective screening protocol," said study co-author Heather Hampel of the Clinical Cancer Genetics Program at Ohio State.
Regardless of a center's size, establishing a process for Lynch syndrome reflex testing is a complicated undertaking, and the process may take a year or longer, noted Dr. Hall. Decisions must be made about how samples will be tested and how positive screening results are communicated to patients. Not surprisingly, smaller centers, which often have fewer resources for laboratory testing or genetic counseling, can have more difficulty establishing a screening program.
And even when reflex testing is performed, there is no guarantee that the intended result, identifying people with Lynch syndrome, will be achieved, Dr. Hall stressed. "A big part of it is how many patients actually come in and get genetic counseling and have the genetic test performed," he said. In a 2009 Ohio State study, for instance, only about one-quarter of patients with suspected Lynch syndrome based on IHC testing made an appointment with a genetic counselor to follow up on the findings.
In an effort to improve the study and establishment of universal screening programs, Ms. Hampel and representatives from three other institutions recently launched the Lynch Syndrome Screening Network. Network leaders have developed a database to anonymously track screening outcomes, as well as educational materials for cancer programs trying to initiate universal screening, Ms. Hampel said.
Clinical Guidelines on Screening for Lynch Syndrome
|Revised Bethesda Guidelines
|Developed as a result of NCI-sponsored workshops
|Evaluation of Genomic Applications in Practice and Prevention
|Recommendations from Centers for Disease Control and Prevention working group
|National Comprehensive Cancer Network Guidelines on Colorectal Cancer Screening
|Free registration required

subset: commoncrawl


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I'm sure most of you have heard about the New York mother, Madlyn Primoff , who told her two daughters , 12 and 10, to get out of the car when they were fighting on the way home. Somehow the 12-year-old talked her way back into the car, but the 10-year-old was left crying and roaming the streets. When the mother went to pick the child up at the police station, she was arrested and later arraigned on one count of endangering the welfare of a child, a misdemeanor, and released on minimal bail.
Primoff is a lawyer and partner in the Business Reorganization and Creditors' Rights Practice Group at the firm and has clients such as Bank of America, Merrill Lynch and Wells Fargo, the firm's Web site said.
Here are two articles with more details and updates on the story: The New York Daily News, The AJC.
(Total side note: Do you remember in the first season of "Desperate Housewives" when Lynette threw those crazy triplets out of her minivan?)
While, I think we can all agree it was not a great idea to drive home and leave your child on the side of the road, I can definitely relate to being angry and frustrated with my children's behavior while I'm driving.
I have my most trouble in the car when we're coming home from school of religion. It's held on a weeknight and we're usually driving home around 8:30 p.m. They're tired, cranky and generally wound up. Rose especially makes me nuts with this excruciatingly loud and pointless whooping yell. Despite being locked into a booster seat, she also likes to aggravate Walsh by kicking his seat from behind. (We had to change our seat assignments due to the kicking.)
I can understand this mom's frustration with the empty threat of I'm going to pull over and … what do what??? I can understand why she wanted to do it. Would it have been OK if she had just gone a little ways down the street? Would staying in eyeshot have made any impact on her children's behavior?
Romi Lassally, whose book, "True Mom Confessions" we just discussed last week, wrote her take on the issue for The Huffington Post. Here's what she had to say.
So what do YOU think:
Have you been frustrated by your kids' behavior while you are driving?
What is your normal course of action when they are being bad and you're driving?
Should the mom have left the kids by the side of the road?
How far could she have driven to make a point without getting into trouble?
Have you ever threatened to leave your kids by the side of the road? Did you ever do it?
Should she be charged and prosecuted for doing this?
Is she a "bad mommy" for doing this?
Is it worth a fine? Is it worth jail time? Is it worth probation?
Everyone talks about parents being tougher on kids, why was this so wrong?
Do you think her kids will ever misbehave in the car again?
April 23rd, 2009
8:57 am
While my son is not old enough to have this kind of tantrum yet, he does have his whiney moments. That said, I would NEVER leave my son on the side of the road.
I can understand pulling over to administer some dicipline, but leaving them on the side of the road and driving away?! When I think of all the horrible things that could have happened to those kids… that mom needs a serious wake up call.
April 23rd, 2009
9:03 am
She went to far leaving her children alone on the side of the road. We have all have been frustrated with our kids while driving but dumping them out is out of the question. Sure pull over and take care of it and move on. She should have some price to pay for this. She used valuable police time to deal with her poor parenting issues. I am sure those children will misbehave in the car again..they are afterall children.
April 23rd, 2009
9:25 am
Of course I wouldn't. However, had you asked this woman the same question a month ago, she probably would have answered the same.
Humans are fragile, and easily broken.
April 23rd, 2009
9:29 am
Hey my mom left me in the trash can by the curb at 2 yrs old when she couldn't deal with me anymore … Called my grandparents and told them to come get me before the trash people did….People aren't perfect… while what she did was HORRID, I am sure that she was at the end of her rope…
April 23rd, 2009
9:34 am
I'm sure that a lot of parents get frustrated enough at times to want to tell the kids to get out..As for actually doing it, H*LL no..I would never,ever do this..Back when my sisters two boys (now 40&38) were little,she would tell them that she was going to leave them on the side of the road for fighting..It only took once for her to make one of them get out of the car & her to shut the door, for that to not ever happen again..She never drove off without them..
Yes, this woman should be punished..It's one thing to make them get out, but to actually drive off & leave this poor child..No, I don't think that shes a bad mommy, just one that made a really bad mistake..
April 23rd, 2009
9:45 am
Absolutely Not! I have however, left her dragging behind and pouting me when we are going for walks. I never get so far that I she is out of my sight, but I have definitely trudged quite a bit ahead.
April 23rd, 2009
9:46 am
uconn – that's sad.
April 23rd, 2009
9:47 am
Ahhhh… I am ok tho…. I guess, no wait, I WAS a handful … Guess thats why I was an only child :)
April 23rd, 2009
9:48 am
This reminds me of something that happened to me as a child. My brother and I would constantly argue, not just in the car. I remeber my older sister (she's 14 years older than me) had taken us out for the day for whatever reason, and we were on our way home. I remember her air conditioning wasn't working, and we were cranky and hungry. We apparently were driving her crazy, and she threatened to make us walk home. Well, we didn't believe her threat and kept on and on. Finally she pulled over at a church in the front of our neighborhood and told us to get out. And she literally made us get out and walk the rest of the way home. I remember being kinda scared (i was at the age I wasn't allowed to cross the street by myself even in the neigborhood). Now my sister tells the story about it and laughs and says how cute it was that I held my lil' brother's hand as we walked home, and she claimed she could see us all the way home (even tho i specifically remember not seeing her). She thinks its a cute story now, but it still makes me a little mad after all these years. I would say if the kids were closer to teenages, its not so bad, but never would I do that to any child at any age. If the situation were that bad I'd either pull over and handle in the car, or just wait till we got home.
I also remeber a time when my mom made us get out and walk (in the neigborhood again) but she would only drive a few feet ahead of us, with the window down and her giving a lecture while we walked and she let of the brake. My feeling towards that are much better. I didn't feel abandoned, I felt like i was in trouble (walking home in the summer heat was a good enough punishment for me) but i wasn't scared cause my mom was right there with me. I wouldn't have so much a problem with that situation. But just leaving the child all together, no way! There are too many things that could happen. Children disappear from malls with the parent just a couple of feet away, and she left hers on the side of the road, and she couldn't even see her.
I think she deserves more serious charges and some mandatory parenting cleasses at the least.
April 23rd, 2009
10:06 am
I never left them on the side of the road but I did tell them that the cops would lock them up if they caused mommy to drive bad and have a wreck. It worked quite well too since I had a friend who was an officer and had him talk to them one day when we crossed paths at a convenience store. No matter where we were, if they saw a police car, the car grew eerily quite LOL.
April 23rd, 2009
11:08 am
I was left on the road several times, but i was 13 or older, actually I enjoyed it a few times and it was never more than a few miles. Big difference being, we lived in a suburban / rural area, I was older and i was used to walking to school / mall / pool by myself anyway. Would I do this to my children, not in the area that I live in now. but i do not think that this rises to the level of neglect / endangerment.
April 23rd, 2009
11:16 am
Wow. Maybe it's this day and age, but ALL my mom had to say was, "If I stop this car …." and miracuosly there was peace in the back seat.
April 23rd, 2009
11:44 am
ok i can say i would never do this but maybe i would at the right time…yall may think im awful but what bothered me more than her leaving them is the fact that the 12 yo left her sister. hmm..ok i know that makes no sense–maybe can understand the mom leaving them both but not understanding the older sis leaving the younger one. dont ask me its just what struck me about the whole thing. i know nothing about the area these kids were left in..if it was not a dangerous place as opposed to a bad area that would make a difference. i do know that kids can absolutely drive you crazy and make you do things you would never imagine doing. i am not gonna judge her…maybe she put them out before she killed them—who knows what she is/was going thru. these days your kids really are in control and i know we can say all we want that we control our kids–but really the kids have the whole legal system on their sides–we can spank-theres not a lot we can do. kids can tell a teacher we are mean to them and social services gets called. we have all the responsibility and not much authority. thats why we hear more things about kids doing horrible things. i am glad these kids were safe and i hope this mom gets some help. and i really dont know why (i think its because the older one left the younger one) but i think these are probably bratty kids. please dont yall jump on me for saying that…i know i dont know anything about these kids–but im just stating the feeling i got from this.
April 23rd, 2009
11:52 am
meant cant spank them not can…really cant do much in the way of discipline…ground them? my kids never really had much to be grounded from. i just know that none of my kids would ever have left their younger sibs to walk alone like that…that bothers me.
April 23rd, 2009
12:04 pm
OH I've wanted to, SEVERAL TIMES, but never have.
April 23rd, 2009
12:25 pm
When my boys were smaller and both had to ride in the backseat, there were days when the noise and bickering rose to unacceptable levels. One time, I pulled off into a parking lot, turned off the engine, and sat in the car until they noticed that we were no longer in motion. Once I had their attention, I said that I would not return to the road unless they behaved. At other times, I would turn the radio volume to ear-splitting levels to get their attention. Have I ever considered leaving them on the side of the road? Of course. But the penalty (child endangerment) was a powerful deterrent.
April 23rd, 2009
12:27 pm
Savvy–I hear you on that one and it's probably because you and your siblings knew that if you dared call her bluff, she would deliver on whatever punishment was about to get meted out. My mom actually had my brother and I get out of the car after he and I were fighting in the backseat and walk in front of the car while she lectured to us out of her driver's side window and then let us back in the car when we promised to stop fighting and shake hands. We were walking on Lawrenceville Highway near Lilburn, but then again I was 13 and he was 10 and this was back in the 1980s. We never pulled that stunt again though! While I wouldn't drop off my kids and drive away, I did have a "Come to Jesus" moment with a former friend's kids when said friend and her school-aged kids came to visit in DC. Her kids were acting up and fighting in the backseat and she couldn't/wouldn't control them. Considering that we were en-route to Arlington Cemetery and I wasn't about to have two kids acting up there (especially at the changing of the guard at the Tomb of the Unknown Soldier!), I pulled into a nearby church parking lot on what seemed like two wheels, threw the emergency brake, turned around and looked both of them dead in the eye and said in a low, slow voice that I swear was my mother's, "If you do not stop what you are doing right now, we are going home. There will be no TV, there will be no computer or other activities and you will not like it. Do you understand?" The last thing I heard out of both of them was, "Yes ma'am." and that was the end of the fighting and we proceeded to have an enjoyable day. I have done that before with my own kids and it works like a charm because they do not want what is coming to them when they get home and they know not to call my bluff because I do deliver.
Teresa: Rose is too old to be whooping and yelling in the car. Changing seat assignments is a start, but she is old enough to know that yelling and kicking in the car is NOT appropriate!
April 23rd, 2009
12:43 pm
This sorta reminds me of what happened a couple of years ago, when Six Flags had their "free day" during spring break, traffic was hideous along I-20, and people started dropping their kids off on the INTERSTATE so they could make their way over to Six Flags, only to not be able to get in. We all thought those parents was crazy.
I can see stopping the car. I can see making the kids get out (assuming the road was a safe one). I can see the ensuing lecture by the side of the road. I cannot see driving away.
April 23rd, 2009
1:07 pm
This woman should be strung up. I mean, leave your child on the side of the road? Come on now….
April 23rd, 2009
1:26 pm
I am 4.5 years older than my brother and, although we are very close and didn't argue much, we were acting a fool in the car one day and my mama JUMPED the car onto the shoulder (I don't think there was in transition changing of lanes) unbuckled her seat belt and beat our tails with no warning, no discussion, no threats, just straight azz whipping. That was the LAST time we acted a fool in the car with Mama. I am sure she wanted to throw us out but an azz whipping was more effective.
April 23rd, 2009
1:45 pm
Two funny stories about this kind of thing. One day my mom had taken my sister and I grocery shopping. I remember that my sister snuck a box of fruit snacks into the back seat from one of the grocery bags. We were making all kinds of noise fighting over the fruit snacks. My mom turned her head to see what the fighting was about and ended up turning the steering wheel too far causing the car to flip into a ditch.
That day I'm sure my mom wanted to leave us at the accident site.
One day mom did leave us at the store though. We were playing in the clothes racks at Rich's (now Macy's) and she kept telling us to come on. Well, about 5 minutes later I came out of the clothes rack and she was gone. I want to a store clerk we walked in a huge circle a by the time we got back, about 10-15 minutes, to the spot that I was playing in I saw my mom standing there extremely mad.
April 23rd, 2009
2:02 pm
Has anyone read the headlines on this newspaper? Apparently, police arrested an 8 year old girl in Athens, for repeatedly hitting her teacher. 8 YEARS OLD!!!! Arrested for hitting a teacher. What is this world coming to?
April 23rd, 2009
2:05 pm
When my son was in Pre-K his teacher apparently thought it would be wise to point her finger in his face. Well, she got popped and they in turn threatened to call the police. I told her to point her finger in my face and I would give her a valid reason to make the call….
April 23rd, 2009
2:08 pm
Oh & fyi, I do enjoy a good spanking…. =P
April 23rd, 2009
2:29 pm
My Mom kicked my brother out of the car once and made him walk home. I think he was in the 4th grade and we were a couple miles from home. She did follow him all the way home from a distance. He couldn't see us but she could keep her eye on him…
He never acted up like that in the car again.
April 23rd, 2009
3:01 pm
This is the same child that a parent will leave on the side of the road in about 2-4 years if there is no intervention
April 23rd, 2009
3:05 pm
That was wrong on so many levels.
Unfortunately, we live in a world where predators need only a moment to snatch a child. It's hard to believe that parents who won't let a child out of their sight in a mall wouldn't have a problem doing so on the side of the road.
I remember when I was young, there was a mother and two young children killed when their car slammed into a bridge abutment. (At the risk of dating myself, this happened on Lawrenceville Hwy. when it was 2 lanes and before cars even had seat belts…to say nothing about car seats.) My mom turned it into a teaching moment by announcing to my brother and me that the mom was probably being distracted by the kids cutting up.
April 23rd, 2009
3:11 pm
JJ…do you have to ask…have you not been reading my posts? This is exactly WHAT this world is coming too. Parents do not teach children respect. The teacher may have been in the wrong but NEVER should a child hit a teacher and really this goes both ways! I never thought spanking should be administered at school but since some parents will never discipline, then we end up with this scenario.
No I would never leave mine on the side of the road. Mine were not angels but they knew what would happen if they pushed me over the edge. I rarely spanked mine but did use it once in a while. Once, I was SO mad that I made them sit on the couch together for 15 minutes, as I walked around with the spatula in my hands to calm down. I knew I was too mad to do anything,
They both kept saying SORRY MOMMY but they eventually got a swat …not as bad as it would have been if I would not have calmed down first. Some days just push you over the edge.
April 23rd, 2009
3:23 pm
As a single parent, I used to have to call my best friend, also a single parent at times when I was at my wits end. When my daughter would act up, I'd put her in her room, shut the door, and go get on the phone, go out on the deck, and tell my friend to "Talk me down"..She knew what I was talking about, didn't have to ask, and she would say something to make me laugh……we still do that with each other once in a while.
April 23rd, 2009
3:25 pm
Oh, and ask my daughter if she ever wants the "Crazy lady" to come in. That's me when I really go off…….all I had to do was look at her and say, I think I hear the "crazy lady" coming down the street…….
April 23rd, 2009
3:27 pm
MG – a lot of us look over your post.
April 23rd, 2009
3:54 pm
OMG, this lady is crazy. I don't even let my son go to the mailbox without watching him go. Granted he is only 5, but still, I can't even imagine leaving him anywhere. This lady is obviously a horrible person. Why not just turn around, drive home and punish the kids when you get there. Everyone gets frustrated with their kids, but hello, you are supposed to be the adult. Lashing out and doing something stupid like that isn't teaching your kids anything.
April 23rd, 2009
4:31 pm
jb ( mg…is that me?) …and other of readers ( including Theresa) read them….to each his own….LOL!
I am trying to recall if I have read anything profound from you….hmmmm…still trying.
April 23rd, 2009
4:32 pm
JJ…I hear you….I know I look like a crazy lady when I am over the edge mad at my kids. It does not happen too much anymore as they have grown into decent young adults but there WERE days!
April 23rd, 2009
4:51 pm
I only have one child who usually falls asleep before we make it out of the subdivision so I don't have that problem. :-D While I don't condone leaving your kids on the side of the road, I don't know enough about the area to pronounce the mother as unfit monster. Perhaps this was a small town and/or neighborhood that the kids were familiar with and could easily walk home. Did the article mention how far away they were from home? Considering that there were two of them, this very well could be a situation where they have taken this walk on numerous occasions. Just playing devil's advocate.
April 23rd, 2009
4:58 pm
This lady is a horrible parent and does not deserve to keep her children. I have been angry with my kids, but never, never have I gone that far. She's definitely a bad mommy.
April 23rd, 2009
5:29 pm
Stacey, the article said they were 3 miles from home (albeit in a nice area from what I've heard of Westchester/White Plains), so I think this was pretty bad. I agree with you, though, that there are situations where it might not be a big deal. I could definitely imagine my aunt or uncle back in the day getting fed up with my cousins fighting in the car on the way home and kicking them out within our neighborhood at age 10+ to walk the rest of the way and "think about what they did". It was a small town with quiet streets, and we regularly walked home from school and rode our bikes all over, so I don't think such punishment would have been unsafe in that case.
April 23rd, 2009
5:48 pm
MJG – I suspect that, in the case of the Athens-Clarke County 8 year old that went ballistic, that there is a great deal to the story that we haven't heard. My bet is that this is a case of mainstreaming gone amuck, and that this is simply the latest in a long series of discipline issues this child has been facing this year.
April 23rd, 2009
6:20 pm
I'm not saying I agree with what this woman did. Hopefully, it's a lesson learned for all.
Deidre…you pondered a good question…what kind of area was the girl left in? Westchester County, NY is very affluent. The NY Daily News is not a newspaper I would quote, either. Take it from there.
April 23rd, 2009
7:02 pm
Thanks, HB. I didn't actually read today's article and the little blurb about it yesterday didn't have as many details.
April 23rd, 2009
8:05 pm
Ruth Graham told Franklin (I think he was 5) that if he did not stop acting up she would like him in the trunk of her car. He didn't; she did.
Based on the above (posts and Graham story) I think 3 things….1–EVERY Mom has issues with driving with children in the car. 2 — EVERY Mom has a point where she has reached the end of her rope. 3 — EVERY Mom has at some point exercised bad judgement.
I do not condone leaving the child at the side of the road. I do not condone locking your child in the trunk of the car.
Have I felt at my wits end? Yep. I have pulled into parking lots and waited. I have turned the car around. I have cancelled planned outtings (cell phones are great!). I have even done the radio thing mentioned above.
The one my children hate the MOST took me the LONGEST to learn…..I tune them out. Eventually they have to learn to settle things among themselves…I do not ignore what they are doing, I keep tabs b/c the second it goes physical I re-engage….but they don't want that either (see above about cancelling the outting)…so for the last two weeks, it has been amazingly arguement free in my car. They found they would rather talk me into going out, or playing what they want to hear on the radio than they would fighting.
My kids are FAR from perfect. However, when I signed onto this gig (Mommydom) I knew it was a journey I would take with God and my children together—they don't leave me on the side of the road and I won't do that to them either.
April 24th, 2009
1:19 am
Deidre_NC – I agree with you somewhat. Obviously, two kids together would have been a little safer. I would hope that my oldest would not want me to leave his younger siblings behind.
This woman went too far. Fortunately, she did not pay the ultimate price for her poor choice. We've all gotten frustrated with our kids. Mine have caused me to turn the radio up to near deafening levels at times. You just hope that how you handle those seriously irritating moments doesn't come back to haunt you later.
April 28th, 2009
2:34 pm
Okay, now having survived & raising 3 children & now have 2 adorable grandchidren, I can tell you children can drive you to places you never, ever thought you would go. Yes, I have left my mouthy teenagers on the side of the road. But, not just anywhere, and not when they were children. But, I did stop and told them to get out and stand there until they thought they could behave. Believe me it only takes once or twice to make believers out of them. My mom used to say don't make treats you are not ready to deliever on or that which will make you more miserable than the kid. Another wise lady once told me to not make a promise I wasn't willing or able to keep. If I promised them an ice cream get them the ice cream, if I promised to tear their butts up when we got home than I would tear there butts up. No surprises. When my dau was 13-14 ( my challange & opportunity child) she kept missing the school bus. Finally, I told her that if she missed it again she whould have to walk to school. Now we live in the country & school is easily 5-7 miles away. As I knew would happen, she missed the bus. I was prepared. I got my coffee, newspaper , breakfast etc. & told her to start walking. I would let her walk until she was almost out of sight then I pulled up in front of her & watched her from my rearview mirror. I think my presence irritated her as much as anything. I wish I could say it only took once but not with this child, the next time it was her daddy's turn though. Needless to say, she didn't miss the bus after that. I only wish we had thought of it earlier. Would have saved ourselves a lot of grief throughout middle school. Oh yes, she had to carry her bookbag- do you know how heavy those things are? :)
April 29th, 2009
7:39 am
I think these days things are BLOWN way out of proportion, as is this case. I don't know if she did or didn't do the right thing by ordering her kids out of the car, but she didn't beat the HELL out of them. I believe she was just trying to teach them a lesson. How do you discipline kids these days. I am a single mother of 4 girls and time-outs don't work. I thank my parents quite often for all my trips to the wood shed for my switching when I was younger. I think kids get by with way too much and not learning the consequences of their actions when they are younger is going to leave them not knowing how to act in society as adults. What are you supposed to do to get children to listen?….if there is no sort of punishment, but this is how things happen when you try to discipline your kids. WHAT a JOKE!
April 29th, 2009
1:05 pm
ok, i would totally do it if the kids didn't start behaving. i understand the kids having a bad day, being cranky, whatnot, but when your parents tell you to cool it, then you cool it. i'd kick them out, go around the corner making sure the buggers didn't see me, and watch them sweat it for a few blocks. if they're still at it, let them walk home, but with me watching from a safe and hidden distance.
the oldest daughter never should have left the youngest alone. that's where i'm ticked. in a situation where the parents are suddenly not there, it's the oldest's responsibility to take care of the youngest. that's how it was in my family, regardless of how bad he worked my last nerve, and in the families of most everyone else i know.
i've noticed that today's society permits the kid to dictate to the parents the terms. the parent is no longer able to discipline the child for fear of being reported and their hands are mostly bound to ineffectual punishments like standing in the corner, being grounded, etc. as the kid grows older they act out more and more and the parents rights diminish and diminish. then you get stuff like columbine or those kids in england who lured a toddler away and beat him to death, and people are like, 'where were the parents?'. uh, you didn't let them do their jobs.
punishment sucks, it's supposed to. so if you don't want to get punished, don't act up. period.
April 29th, 2009
8:51 pm
I have kicked my two boys out of the car and made them walk home. There is nothing wrong with that at all. You take into consideration the area and how far they have to walk. I back this Mom and it would be a long time before I would let them back in the car with me. I would go out to dinner without them, go shopping, get ice cream, many things I would do to make a point that this is unacceptable behavior.
May 22nd, 2009
11:13 pm
Well, yes, it definitely depends on the place and distance from home. But, I have found that ramming my car into "park", and getting out myself for a 100 yard stroll away from the car and leaving them in the car to beat eachother up if they so desire, works just as well. One, if not both, will scream "mommy, mommy- please come back, we'll stop". I'm guessing this could work until about age 10. So far, so good. One thing I give that mom – she makes no idle threats! Gee- a tough one huh?


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June 19, 2012
Lillehammer Curling Arena was officially opened on Tuesday by International Olympic Committee President Jacques Rogge. The four sheet facility is the latest dedicated curling facility to open in Norway. Lillehammer, whi
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UPDATE: The World Curling Federation is delighted to announce the appointment of Scott Arnold from London, Ontario, Canada and Allen Coliban from Brasov, Romania as Competition and Development Officers (CDOs). Scott and
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The World Curling Federation has announced the names of the International Technical Officials (ITOs) who will officiate at the Olympic and Paralympic Winter Games in Sochi, Russia in 2014 The Olympic Winter Games ITO


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The BenQ W1080ST short-throw DLP projector offers very good performance and extra placement flexibility, but the long-throw W1070 is a better deal.
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The BenQ W1080ST short throw DLP projector offers very good performance and extra placement flexibility, but it's not the best BenQ at the price.
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Seminars for Screenwriters—Saturday, June 4, marks the launch of the New Mexico Screenwriter's Series. Founders Gene Grant and Marc Calderwood hope to bring monthly seminars and extensive quarterly workshops to New Mexico's growing cabal of would-be screenwriters. How to find an agent, how to negotiate a deal and how to sell a spec script over the Internet are just a few of the topics that will be discussed in the coming months. Grant and Calderwood have recruited an impressive roster of professional film talent to run these regular educational seminars. WGA member Deborah L. Smith will helm the very first monthly program, covering the fundamentals of feature scripting. The seminar is scheduled to take place from 9:30 a.m. to 12:30 p.m. at Rio Grande Studios (6608 Gulton NE). Cost for the monthly seminar is a mere $10. Future guests will include noted Los Angeles screenwriting teacher Jim Mercurio and celebrated Chicago screenwriter Dan Decker. For more information, log on to www.nmscreenwriters.com.
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Computerized cartoon is an OK pick for kids, but it's no Pixar.
There are moments in DreamWorks' new computer animated cartoon Madagascar that bring up the uncomfortable funk of DreamWorks' failed "adult" TV series Father of the Pride (performing lions, cushy zoos, celebrity voice casting). Fortunately for DreamWorks (and all of us, for that matter), those moments soon fade into the background as the film settles into familiar "kids' movie lined with pop cultural references for the adults" territory.
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Layer Cake
Icy cool gangster saga shows that Brits can be bad boys too.
As Americans, we love our criminal figures--from Billy the Kid to Bonnie & Clyde to 50 Cent. But we've got nothing on the Brits. The English worship their gangsters with a chic that borders on high fashion. From the gritty gangster films of the '70s (Get Carter, The Long Good Friday) to today's trendy, Tarantino-inspired films of Guy Ritchie (Lock, Stock and Two Smoking Barrels, Snatch), Brits have made the gun-toting, suit-wearing mobster a national icon, right alongside the London Bobby and the soccer hooligan.
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ESRC Festival of Social Science 2009 - High Skills, Low Wages: the Global Auction for Brainpower
11 March 2008
Ends: 12 March 2008
Wednesday 11 March 2009, 12 noon to 4pm
Committee Rooms 1 and 2, Glamorgan Building
This seminar is organised by the Economic and Social Research Council's centre for Skills, Knowledge and Organisational Performance (SKOPE).
The seminar will challenge current policy assumptions by asking whether 'high skills' can any longer be regarded as sufficient to secure national competitive advantage, social justice and individual prosperity in the modern globalised economy. Participants will be invited to constructively debate whether the human capital assumptions, upon which much of current government policy rests, are 'fit for purpose' and to discuss the possible implications for future skills policy.
The seminar will be of immense interest to anyone involved in the formation or analysis of skills policy wishing to explore the future of 'high skills' from a global perspective.
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Phoenix Coyotes defenceman Rostislav Klesla is scheduled for a disciplinary hearing on Sunday for his hit on Matt Halischuk of the Nashville Predators in Game 4 on Friday.
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* Use another iPhone/iPod Touch as an external keyboard using the FREE WriteMate app.
* Synchronize your text (.txt) & markdown files between your iPhone, iPod Touch, iPad, Mac, Windows, Linux, BlackBerry, Android, or any devices via Dropbox (automatically/manually)
* Download, edit, and back up plain-text and markdown files from your Dropbox
* Type & read in full screen without any distraction
* Send your writings to anyone via e-mail & PDF attachment or print them wirelessly
* Apply PIN protection to keep your privacy
* Make the best of 'Emergency Mode' to save your life
* Extended keyboard for iPad with smart quotes, smart brackets, numbering, and many more
* Lock writing orientation to landscape/portrait
* Words & characters count
* Easy & straight forward user interface
* Indulge yourself with gorgeous themes that will perfectly suit your moods
* Customize font types & sizes
* Put your files into folders
* Sort your writings in 4 ways
* Automatically save your files
* iTunes file sharing
* Option to delete files to Trash Can and retrieve them later
* Be amazed by the beautiful user interface in Retina Display
* Use Emoji (even for file and folder names!)
* Optimize the auto-capitalization, auto-correction, check spelling, undo, redo, cut, copy, paste and replace features from the iOS
* Use any international keyboards
By the way, in case you are being threatened or forced to reveal your PIN, just enter the emergency PIN. This feature can save your life. Trust us.
You'll find your emergency PIN in the help menu inside the app.
So whether you want to jot down your cool ideas, list your to-do, capture quick notes, outline your presentations, keep food recipes, create shopping lists, write another day in your diary or journal, keep some song lyrics, do your work on-the-go and continue it again later on the other devices, or whether you are a writer who needs to write everywhere, THIS IS YOUR BEST APP!
There couldn't possibly be a better app for writing ***** "Easy and functional, makes writing far more enjoyable" - a satisfied reviewer (Canada)
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Defenceman Barret Jackman won't be testing the free agent market in July after all.
The St. Louis Blues announced on Monday that the defenceman has signed a three-year, $9.5 million contract.
"Barret has been a solid leader for our club, on and off the ice, and we're happy to have him in the fold for the next three years," Blues executive vice president and general manager Doug Armstrong said in a statement. "He's a staple of the organization and the community and his positive influence on our young core has and will remain an invaluable asset."
"St. Louis is our home and my family and I are excited to be staying," said Jackman. "I am proud of the progress we made this season but our fans deserve a championship and our team will not be satisfied until we achieve that goal."
Jackman, 31, dressed in 81 games for the Blues last season recording 13 points (one goal, 12 assists) and 57 penalty minutes while tying for second on the club with a +20 rating.