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VIEWS: 3,440 PAGES: 26 CATEGORY: Other POSTED ON: 10/10/2009
SALES OUTLINE SCOPE OF ARTICLE II 1. 2-102 Scope a. Goods: ―applies to transactions in goods‖ i. 2-103(1)(k) definition: ―all things that are movable at the time of identification to a contract for sale‖ 1. includes future goods, specially manufactured goods, unborn animals, growing crops, etc. ii. Little v. Grisely: identification 1. modular home, manufactured and shipped and then permanently attached to the ground 2. When did identification occur? a. Defined in 2-501, in absence of agreement, identification occurs: i. when K is made for sale of goods already existing ii. when K is made for sale of future goods b. English: ID occurs when you know that these particular goods are the goods the K anticipates c. even though the house wasn't manufactured at the time of K, it was identified at the point when it was movable iii. Niagra Mohawk Power 1. K for sale of electricity, is electricity goods? 2. ―things in action‖ probably not goods, can't be identified (that electric current) 3. intangibles not generally covered by UCC b. Contract for Sale i. 2-106 definition: 1. present or future sale of goods 2. sale—passing title from seller to buy for price ii. McQuiston: 1. jar breaks, hurts woman while she is looking in it at KMart, but before she went to buy it 2. There was no sale, she can't bring breach of warranty 3. Look at intent—here she didn't intend to buy 4. technically could've sued manufacturer for breach of warranty, because manufacturer sold to retailer, if in a J with broad privity rules she would've had suit even if she wasn't a purchaser iii. Gray area 1. if someone is taking item to check out and gets hurt, is this enough intent to prove contract for sale? a. J split i. yes: item on shelf is offer, customer taking down item into basket is acceptance (criticized because if customer puts item back putative K isn't breached) c. Transactions in goods, not just contracts i. Leases in goods covered under Article 2(a) (because otherwise no transfer of title has actually occurred) 1. 2(a)-103: definition of lease a. transfer of good for a term for possession and good is returned at the end b. look to see whether transaction is a true lease or a true sale i. 1-201(37): whether transaction creates a sale or security interest is determined by the facts. Security interest is created if consideration is paid over time and the lessee has the ability to become true owner at the end ii. is the payment plan set up to function mainly as a sale, and the ―lease‖ is just security? 1. ex: if at the end of the lease term lessee has option to buy for $1, then truly a sale 2. if sale, governed by Article 2, not 2(a) d. Sales/Service Contracts i. If sales, UCC applies, but if service K, UCC n/a ii. Majority Rule: if K is mixed sales/service, look at whether the predominant purpose is the rendition of services or the sale of goods 1. all or nothing rule 2. Factors: a. look to see whether the transfer of the goods was incidental to the rendering of the service, or vice versa b. how much for the total K price is for the goods? c. does seller have discretion in which goods he uses n the services or is buyer giving direction? iii. Very minority rule: if mixed sales/service, if goods are at issue in the suit then UCC applies, but if services are at issue common law of Ks applies 1. ―severance approach‖ 2. almost nowhere uses this iv. Common controversies: 1. 2-314(1): sale of food and drinks in restaurant is a sale 2. blood transfusions, other health services—depends on J 3. Computers a. is computer information goods? i. ex: online software (no physical disk) ii. current state: 2 different results depending if you buy software in store (UCC applies) or online (UCC n/a because information doesn't fall into definition of ―goods‖) iii. Advent case e. Statute of Limitations i. 2-725(1) action for breach of K for sale must be brought within 4 years of when breach occurs, or one year after the breach was or should've been discovered, but no longer than 5 years after breach occurs 1. parties can reduce it to a minimum of 1 year, cannot expand ii. 2-503(1) action for breach of warranty—4 year statute of limitations begins running upon tender of delivery (not when breach is discovered) iii. Exception: 2-725(2) if warranty explicitly extends to future performance and discovery must await until future performance then statute runs from date of discovery of breach of warranty (instead of tender of delivery) 1. implied warranty of merchantability never applies to future performance 2. this exception is mainly for express warranties relating to future performance 3. exception very favorable to buyers 4. Majority view: implied warranty by nature cannot extend to future performance 5. Minority view (PA): Nationwide case, promise to cure any defect in the first year is a warranty of quality that falls within the exception iv. 2A-506 statute of limitations for leases: 1. if action for default on lease/breach of warranty—4 years 2. begins running when default/breach of warranty is or should've been discovered, or when default occurs, whichever is later GENERAL PRINICPLES 1. Good Faith a. required by 1-203, every K under UCC is subject to duty of good faith i. Definition: 1. old 1-201(19): honesty in fact in the conduct/transaction 2. new: honesty in fact and observance of reasonable standards of fair dealing in the trade b. Scope Generally: i. narrowly interpreted when it arises under performance or enforcement of a specific K term ii. doesn't impose a duty to act fairly with respect to all times and all circumstances under the K 1. Urdang a. buyer defaults on car payments, seller accelerates and won't accept buyer's offer to pay off a large chunk of the debt, seller repossesses the car, re-sells it, but still holds buyer responsible for the outstanding balance b. buyer claims bad faith, Court agrees—seller didn't act fair in rejecting buyer's offer c. but Court probably incorrect: seller accelerated the debt as per his right i. technically, the seller was honest in fact ii. Court may have applied revised definition, because rejecting the money probably wasn't in accordance with reasonable commercial standards c. Specific Provisions: i. 2-305(2): if K says seller or buyer fixes the price, must be done in good faith ii. 2-306: if K contains output quantity, requirement must be met/ posted in good faith 2. Unconscionability a. definition: i. there is none, but attempts to prevent oppression and unfair surprise b. scope: i. looks at specific K terms to determine whether they're unconscionable c. analysis: i. Must have both: 1. Procedural unconscionability: a. is there lack of meaningful choice? i. really small print, unfair surprise, inequality of bargaining power, sharp practices? 2. Substantive unconscionability: a. K term unreasonably favors one party ii. because a court won't interfere with a K just because it doesn't appear fair d. leases: i. 2A-108: where unconscionability is found with consumer lease, winner gets attorneys fees CONTRACTUAL FORMALITIES 1. Statute of Frauds (SOF) a. 2-201(1): if K for sale of goods for $500+, K isn't enforceable unless there's a writing meeting certain requirements: i. sufficient writing: 1. any reduction of agreement to tangible form ii. quantity (2-201) 1. K isn't enforceable beyond the quantity of goods shown in writing, so if no quantity, unenforceable iii. signed by party charged 1. 1-201(39): any symbol execute or adopted with present intention to adopt or accept a writing 2. email signatures generally sufficient, but depends on J iv. sufficient to indicate K for sale has been made 1. usually includes listing price, if price not indicated hard to show K for sale 2. evidence of agreement between two parties a. Comment 1: doesn't have to include all terms that were agreed upon v. Cases: 1. Rosenfeld: woman to buy 3 of defendant's paintings, wrote partial agreement in crayon confirming she paid down payment a. writing was sufficient even though it didn't contain delivery term or price 2. First Bank v. HKA a. this court: inclusion of ―purchase price‖ not enough to indicate K b. 2-201(2): Exceptions to statute of frauds for Ks between merchants i. If between merchants B, a merchant receives a document that would satisfy 2-201(1) against he sender, if B doesn't object to the contents in 10 days B cannot later use SOF as a defense 1. Designed to fix situation where A who sent the writing would be bound but B wouldn't ii. Policy: 1. merchants often make oral Ks followed up by written confirmations, so if merchant receives confirmation presumption is that he will object if he doesn't agree iii. Analysis: 1. Are both parties merchants? a. Comment: 3 ways to define merchant: i. someone who deals in goods of the kind ii. someone who by their occupation holds themselves out as being familiar with the goods involved 2. 3. 4. 5. iii. someone who by their occupation holds themselves out as having knowledge particular to the practices involved Was writing in confirmation of a K sufficient against the sender? a. does it contain quantity, signature, and evidence of agreement for sale? Was writing received by a merchant within a reasonable time after K was made? a. fact specific, look at relationship between parties Merchant receiving the writing had reason to know its contents Merchant receiving the writing didn't give objection within 10 days of receipt iv. Cases: 1. Perdue Farms v. Motts a. Motts sent letter to Perdue, Perdue never objected, now Motts wants to sue Perdue and Perdue says there was never an agreement b. Court goes through 5-part analysis, finds K c. Which means at trial, Perdue can dispute terms of the K, but cannot deny its existence 2. Cudahy Foods v. Holloway a. Cudahy delivered cheese to Holloway, a real estate agent, then sends follow-up invoice. Holloway never pays, Cudahy sues, Holloway says SOF n/a because he never signed a writing, and she's not a merchant b. Issue: is Holloway a merchant? i. real estate agent doesn't herself out as having knowledge/skill in cheese ii. but is involved in business generally iii. Court takes narrow approach—if this is an isolated purchase of a type of goods unrelated to your business then you're not a merchant iv. BECKER: wrong, Comment is broader than this c. 2-201(3): Exceptions that don't require a writing i. (c): K that doesn't satisfy 2-201(1) but which is valid in other respects is enforceable with respect to goods for which payment has been made and accepted or which have been received and accepted 1. Kaufman v. Solomon ii. iii. iv. v. a. buyer gives seller a check, seller holds onto it for 30 days and then returns it to buyer. Has payment been made and accepted? b. Court: holding onto check for 30 days indicates real transaction, agreement between parties (despite absence of writing) Comment 2: partial performance validates the K only for goods which have been accepted 1. ex: if order for 10,000 screws and buyer pays for 5,000 (and seller accepts payment) buyer can only go after the 5,000 already paid for 2. what about part performance on indivisible good? a. where seller admits the part payment, there's enough of a basis for believing a K for sale has been made between parties, so SOF is not a defense for seller (a) Where there's an oral K for specially manufactured goods where the circumstances indicate the goods are for a particular buyer and where the seller has made substantial performance on the K, there's enough evidence to show there has been an agreement and seller cannot use SOF as a defense 1. must show seller was making particular goods for this buyer (b) Judicial admissions exception 1. if party admits in court (judicial proceeding) that K for sale was made, then party cannot use SOF as defense 2. interpretation problem: what counts as a judicial proceeding? a. Majority J: a demurrer is not an admission, defendant can assert SOF b. Minority J: only people who have opportunity to deny under oath that there was a K can use SOF as defense, so a demurrer will be treated as a temporary admission and case will go to trial i. at trial,, defendant will be asked whether there was an oral K ii. if defendant says no, can assert SOF iii. if defendant says yes, real admission, SOF no longer a defense Estoppel: 1. Plaintiff can estop defendant from asserting SOF as defense if plaintiff shows: a. Proof of clear and unambiguous promise b. Reasonable and foreseeable reliance c. Unconscionable injury 2. J split on whether estoppel is permitted under UCC a. Yes: 1-103 preserves common law estoppel principles unless displaced b. No: common law estoppel is displaced by UCC 2201 which explicitly lists exceptions for writings (treat exceptions as exhaustive) 2. Parol Evidence Rule (PER) 2-202 a. Language: i. ―Terms set forth in confirmatory records…intended by [both] parties to be a final expression of their agreement with respect to such terms therein may not be contradicted by evidence of any prior agreement or of any contemporaneous oral agreement but may be supplemented by evidence of: 1. (a) course of performance, trade usage, course of dealing a. 1-205(2) trade usage: i. practice/method of dealing having such regularity of observance in place/trade as to justify expectation that it will be observed ii. K can include clause prohibiting evidence of trade usage b. 1-205(1) course of dealing: i. how these two parties previously dealt with each other with respect to previous Ks c. 2-208(1) course of performance: i. how the parties performed under this K d. In relation to each other: i. course of performance trumps course of dealing trumps trade usage e. J split: i. Majority: trade usage is always permissible evidence because it always explains the context so it can be contradictory ii. Minority: if trade usage, course of dealing or course of performance evidence contradicts explicit terms of the K it can't be introduced 2. (b) consistent additional terms unless court finds record to be exclusive and exhaustive statement of terms b. Contradiction: i. terms in a writing expressing the final agreement of both parties cannot be contradicted 1. by evidence of a prior agreement 2. or contemporaneous oral agreement ii. but if additional consistent oral agreement 1. 2-202(2)(b)—an agreement can be explained or supplemented by additional consistent terms 2. UNLESS the court finds the writing to have been intended to be a complete and exclusive statement of the terms a. Comment 3: would the terms have been included necessarily if they had been agreed upon? b. Look at writing, if it looks exhaustive/long, tends to show writing was intended to be complete and exclusive (and therefore PER would par even consistent additional terms) c. ―Merger Clause‖—seller's tool for stating the writing is complete and exclusive iii. Cases: 1. Perdue case: writing set price at $4, Perdue thinks price is $3, Perdue not barred by PER from introducing evidence to support its position because the writing wasn't agreed upon by both parties as final expression CONTRACT FORMATION, MODIFICATION AND TERMINATION 1. Battle of the Forms: Additional or Different Terms in Acceptance a. 2-207(1) i. A definite and seasonable expression of acceptance operates as an acceptance even though it contains additional terms 1. rejects mirror image rule 2. Typical situation: if B sends offer and S sends ―acceptance‖ that is essentially the same but contains an additional term b. 2-207(2) i. Additional terms (in 2-207(1)) are construed as proposals, but between merchants they become part of the K unless: 1. the additional term materially alters the K a. if it would result in surprise/hardship (Comment 4) i. Comment 5 provides examples b. examples: i. arbitration clause ii. choice of law clause iii. choice of forum clause iv. disclaimer of warranty of merchantability v. limitation of remedies ii. if seller wants an additional term, but scared it will materially alter the K, then make term expressly conditional on buyer's assent 1. seller's language should mirror UCC ―expressly conditional on buyer's asset to these additional terms‖ 2. seller's response becomes a counter-offer, no K formed until buyer expressly accepts c. 2-207(3) i. if seller includes ―conditional asset clause‖ and there is subsequent performance on the K, then what are the terms of the K? 1. those on which the writings agree 2. those on which, despite absence of writing, parties agree 3. together with any supplemental terms incorporated under UCC (gapfillers) d. Different, not additional, terms: Two Approaches: i. Majority ―Knock Out‖ Approach: 1. Different terms cancel each other out, and filled in by gapfillers 2. Policy: fairness, neither side gets its way 3. Comment 6 ii. Minority Approach—treat 2-207(2) as applicable: 1. but offeree would always lose because the different term in the acceptance would always be a material alteration, and thus not incorporated 2. Comment 3 e. Cases: i. Itoh ii. Daitom iii. Horning iv. Herzog 2. Missing Terms a. 2-204(3) i. Even if one or more terms are left open, a K for sale doesn't fail for indefiniteness if the parties have intended to make a K and there is a reasonably certain basis for giving an appropriate remedy ii. Code will provide gapfillers 3. Shrinkwrap Licenses a. Pro-CD i. software wrapped in shrinkwrap, from the outside buyer can see ―subject to restrictions inside‖ but cannot read the actual restrictions until buyer opens the disk and uses it. Are the terms binding on a user who violates them? ii. If no warning on the outside, user not subject to terms listed inside because there was no meeting of the minds, the restrictions weren't part of the bargain iii. If writing included in the box grants additional warranties, it is binding because manufacturer didn't have to include it iv. If writing is listed on outside of the box, it is binding because consumer should've seen it (and presumably wouldn't have bought it if he didn't agree) v. In cases like Pro-CD where there's a warning but not clues as to the extent of the restrictions/limitations: 1. J Split a. Unenforceable: if seller wants restriction should say so up front b. Enforceable: restrictions binding if user opens box and continues to use product WARRANTIES 1. 2-313 Express Warranties a. (2)(a) any affirmation of fact or promise made by seller which relates to the goods and becomes part of the basis of the bargain creates express warranty that the goods shall conform to the affirmation/promise i. Factual statement: 1. look at context a. if statement is made as a response to question asked by buyer it might turn a neutral statement into a statement of fact b. knowledge differential between parties? c. made in response to buyer's statement of need for a good? d. specificity of words in statement ii. Affirmation as part of basis for bargain: 1. Comment 3: a. affirmations of fact made about the good during the bargain become part of the K 2. buyer doesn't have to show reliance 3. burden on seller to prove it wasn't part of the bargain a. very hard, seller usually loses 4. Can be oral or written a. written: in brochures, packaging etc. i. even if not written during the bargain b. oral statements i. made during bargain (definitely) ii. made after bargain 1. Comment 7: if seller makes oral statement after K, after delivery, in response to buyer's question, it is a modification (2-209) 2. Daughtry 5. If buyer doesn't see warranty until after the K, J split: a. Warranty still binding: even if buyer didn't know about it, it was part of what buyer got at the time i. no unfairness to seller b. Warranty not binding: wasn't part of the bargain b. (2)(b) any description of the goods which is made part of the basis of the bargain creates express warranty that goods will conform to description c. (2)(c) a sample/model of the goods can create an express warranty i. Alimenta nut case d. Breach: i. General rule: must manifest within express warranty period (Duquesne) 2. Implied Warranties a. Analysis of Implied Warranty Claims: i. Is there an implied warranty? 1. merchant 2. K for sale ii. What is the content? 1. fit for ordinary purpose, pass w/o objection, etc. iii. Is merchant kept out? 1. 2-316(2), 2-316(3)(b) 2. is it unfair for merchant to be liable? (usually no) b. Implied Warranty of Merchantability: i. 2-314(1) Unless disclaimed, ―a warranty that the goods shall be merchantable is implied in a contract for their sale if the seller is a merchant with respect to goods of that kind‖ 1. ―Merchant‖ (2-104): regularly deals in goods of the kind, or holds himself out as having particular skills/knowledge particular to the goods 2. applies to goods sold by merchants, regardless if new or used 3. defect must be present at time of sale a. Design defect: i. entire product line has a design flaw ii. proven with expert testimony b. Mechanical defect: i. this particular model has a design flaw ii. proven with expert testimony ii. 2-314(2) Goods are merchantable if they: 1. pass without objection in the trade under the K description 2. are fair average quality 3. are fit for ordinary purpose for which the are used, etc. a. look at expectations of purchaser b. even if purchased for one use, if reasonably foreseen that it will be used for another purpose then must be fit for that purpose as well 4. run, of even kind, quality and quantity within each unit and among all units involved 5. are adequately contained, packaged and labeled as the agreement requires 6. conform to the promise/affirmations of fact made on the container iii. 2-316 permits exclusions: 1. (3)(a): seller can disclaim implied warranty by using ―as is‖ or ―with all faults‖ to make clear that there is not implied warranty, and if the K is in writing the disclaimer must be conspicuously written 2. (3)(b): no implied warranty if seller examines goods as he wishes, or refused to examine the goods after seller insists, and then a defect manifests a. Comment 8: i. interpret this exclusion narrowly ii. examine isn't synonymous w/ inspection iii. UTC, did buyer understand seller was disclaiming implied warranty? iv. Defenses: 1. Due care is NOT a defense a. irrelevant whether seller was negligent b. the fitness of the goods is the only relevant factor c. but it it's not clear that product is defective then defendant can introduce evidence of due care that shows that it's not defective (Orlando) 2. If express warranty conflicts with implied warranty, then the express warranty controls (2-317(c)) a. unless implied warranty of fitness for particular purpose 3. Preemption v. Damages: 2-714 1. (3) incidental damages 2. (b) damages for injury to property or person c. Implied Warranty of Fitness for Particular Purpose i. 2-315: 1. Where seller at time of K has reason to know any particular purpose for which the goods are required and that the buyer is relying on seller's skill/judgment to select goods, implied warranty that goods will be fit for that purpose (unless excluded/modified) a. express warranty cannot displace implied warranty of fitness for particular purpose ii. often arises when seller isn't a merchant so merchantability n/a d. Warranty of Title i. 2-312(1): in every K for sale warranty that 1. (a) title conveyed is good and its transfer rightful and shall not unreasonably expose the buyer to litigation b/c of any colorable claim to/interest in the goods a. Stolen goods: i. 2-403--if transferor didn't have title because he stole goods then buyer doesn't have good title either b. Voidable title: i. if someone gets goods under a ―voluntary purchase transaction‖ (goods were transferred to them by seller) then there's voidable title ii. person with voidable title can transfer good title to a good faith purchaser for value c. Entrustment exception: i. if person voluntarily entrusts goods to merchant who deals in goods of the kind, and merchant subsequently sells goods to a good faith purchaser for value, the purchaser has good title d. Litigation issue: i. right of quiet possession ii. if buyer is sued over legitimate title dispute buyer can subsequently go after seller for breach of warranty of title 2. (b) goods are freed from any security interest/lien/ encumbrance that buyer doesn't know of ii. Damages 1. 2-714(2): difference at the time and place of acceptance b/t value of the goods as accepted and value they would've had if they had been as warranted e. Lease Warranties: Article 2A i. 2A-209(1): Whatever promises supplier makes to lessor, including all warranties, extend to the lessee under a finance lease 1. Finance lease (2A-103(g)): lessor doesn't select manufacturer or supply the goods 2. lessor acquires the goods in connection with the lease ii. 2A-210: Express Warranties iii. 2A-212: Implied Warranty of Merchantability 1. arise if lessor is a merchant as long as it's not a finance lease iv. 2A-213: Implied Warranty of Fitness for Particular Purpose 3. Privity a. Generally: i. privity required between buyer and seller in order to sue on a breach of warranty ii. ―immediate buyer‖: buyer that enters into K with seller iii. ―remote purchaser‖: person that buys/leases goods from an immediate buyer or other person in normal chain of distribution b. 2-318 Implied Warranties and Privity i. Alternative A: (Majority) 1. Seller's warranty, whether express or implied, extends to any natural person who is in the family/household of the immediate buyer, or if he is a guest in the home and it's reasonably foreseeable he'll use it the goods, and the goods cause personal injury 2. only horizontal privity (seller's warranty extends only to people with close relationship with buyer) 3. here, buyer couldn't sue manufacturer 4. Analysis: a. Does it apply on its face? b. If not, what exceptions have been made to the privity requirement? i. Some states—no exceptions ii. IL: permit buyer who is injured in person to sue someone up the line for breach of implied warranty of merchantability ii. Alternative B: 1. Seller's warranty to an immediate buyer OR a remote purchaser, whether express or implied, extends to any individual who may reasonably be expected to use the goods and who sustains personal injury because of the breach 2. Vertical privity—down the line buyer can sue up the line seller 3. Covers non-buyers a. ex: customer that comes into store and is injured before purchasing b. customer is reasonably expected to use goods c. customer can't sue retailer (no K for sale) but can sue manufacturer iii. Alternative C: 1. Seller's warranty to immediate buyer OR a remote purchaser, whether express or implied, extends to any person that may reasonably be expected to use goods, and that is injured by the breach. 2. Vertical privity 3. NOT limited to personal injury (all foreseeable damages recoverable) 4. But seller can expressly limit the privity to personal injury only iv. J split about whether, if J permits exceptions for privity, it will allow recovery for non-economic losses (as opposed to losses for personal injury or property damage) c. Express Warranties and Privity i. 2-313: express warranties are made to immediate buyers 1. automatically creates privity requirement ii. Any person that is not an immediate buyer would need an exception under 2-318 to recover for breach of express warranty 1. Alternative A state: a. no vertical privity, only horizontal 2. Alternative B state: a. vertical privity if breach results in personal injury 3. Alternative C state: a. vertical privity for any foreseeable victims of the breach MODIFICATIONS 1. 2-209 a. (1): agreement modifying a K doesn't need consideration to be binding i. must meet test of good faith, i.e. legitimate reason for modifying b. (2): a K can exclude any modifications not in writing in its terms c. (3): SOF must be satisfied if the K as modified is within its provisions i. J Split on interpretation: 1. Favors buyer: a. modification must be in writing, signed by party charged, specify quantity, sufficient to indicate agreement 2. Favors seller: a. if the K initially satisfied SOF, the modification doesn't have to be in writing unless the K changes the quantity b. if modification, plus the K that allegedly already satisfies SOF, as a whole satisfies SOF, then modification is binding d. (4): if modification fails under (2) or (3) (i.e. if not reduced to writing and J requires that), the attempt can still operate as a waiver i. doesn't often come up, J split: 1. Majority: waiver operable only if party asserting it has relied on what they believed to be a valid modification 2. Minority: it means exactly what it says, reliance is irrelevant TERMINATION 1. General: a. Usually K terminates when performance is complete b. Issue arises when K calls for continuous performance 2. 2-309 a. (2): If K provides for successive performances but is indefinite in duration, it is valid for a reasonable time but unless otherwise agreed may be terminated at any time by either party i. fact-specific, may require time for dealer to recoup investment b. (3): termination of K by one party except on the happening of an agreed event requires reasonable notification be received by other party and agreement dispensing with notification is invalid if its operation would be unconscionable. K can include term specifying standards for nature/time of notice as long as they aren't unreasonable. RISK OF LOSS 1. General: a. between buyer and seller, who bears risk of financial loss if goods are destroyed when neither party is at fault? 2. 2-509: Risk of Loss in the Absence of Breach a. (1) If K requires/authorizes seller to ship by carrier: i. (a) if K doesn't require delivery at a particular destination, risk of loss passes to buyer when goods are delivered to carrier 1. ―shipment K‖ 2. presumption is that K is a shipment K, something particular must take it down to (b) a. Comment 5 ii. (b) but if K requires delivery at a particular destination, risk of losses only passes to buyer when goods are tendered to buyer at destination 1. ―destination K‖ 2. inclusion of f.o.b. term tends to indicate destination K a. where f.o.b. is place of destination b. (2) If goods are held by a bailee to be delivered w/o being moved, risk of loss passes to buyer: i. (a) on buyer's receipt of possession/control of negotiable document of title covering the goods 1. 1-201(15) defines document of title 2. title to car is not a document of title (Martin) ii. (b) on acknowledgement by bailee to buyer of the buyer's right to possess the goods 1. often applies to commercial bailees 2. if seller sells good but holds onto it until buyer is ready, is he a bailee? a. general rule, no (Martin) c. (3) If not (1) or (2) risk of loss passes to buyer on buyer's receipt of goods i. default rule, seller bears risk of loss while in possession of the goods ii. policy: seller more likely to insure the goods than buyer d. (4): parties can agree to assign risk of loss differently 3. 2-510: Effect of Breach on Risk of Loss a. General: i. creates opportunity for non-breaching party to shift risk of loss onto breaching party b. (3) If buyer as to conforming goods already identified to the K repudiates or is otherwise in breach before risk of loss has shifted to buyer, seller may treat risk of loss as resting on buyer for commercially reasonable time if seller doesn't have insurance TRANSPORTATION, DELIVERY AND INSPECTION 1. Delivery a. ―Tender of Delivery‖ i. 2-507(1): condition to buyer's duty to accept duty and pay for good ii. 2-503(1) definition: seller puts goods at buyer's disposition b. Seller's duties under 2-503(2) i. Must get goods on carrier ii. Must make reasonable K with carrier for delivery 1. make sure reasonable care has been taken to protect goods a. fact-specific depending on type of good 2. Comment 3: seller can't agree to limited valuation below true value and cut off buyer's rights (if buying insurance from carrier) 2. Inspection a. 2-513(1): Buyer's rights to inspect goods i. unless otherwise agreed, where goods are tendered or delivered, buyer has right to inspect the goods before accepting and paying for them b. 2-513(3) Exception: i. buyer isn't entitled to inspect goods before payment when the K provides for delivery c.o.d. 1. buyer must pay before inspection 2. 2-512(2): buyer's rights not impaired just because he paid first c. Carriers don't like c.o.d.'s, they prefer payment be made first, then include in their carrier K terms either: i. (a) payment against documents of title ii. (b) cash against documents 1. Process: a. seller obtains negotiable bill of lading from carrier, and once buyer pays seller, seller will give bill to buyer, which triggers the carrier to deliver to buyer 2. Bill of lading: a. straight: buyer gets receipt and carrier delivers to person (buyer) named on bill of lading i. carrier doesn't have to receive bill of lading prior to delivery b. negotiable: carrier can't deliver until buyer gets bill of lading from seller and gives it to carrier d. Summary: i. buyer cannot inspect before payment if: 1. payment c.o.d. 2. payment against documents of title PERFORMANCE AND BREACH 1. Anticipatory Repudiation a. 2-610(1) If either party repudiates the K with respect to performance not yet due the loss of which will substantially impair the value fo the K to the other, the aggrieved party may: i. (a) await performance by repudiating party for commercially reasonable time ii. (b) resort to any remedy fro breach (2-703, 2-711) iii. (c) suspend performance or proceed on seller's right to identify goods to the K notwithstanding breach or salvage unfinished goods (2-704) b. 2-611: Retracting repudiation i. (a) Until repudiating party's performance is due, repudiating party can retract repudiation unless non-repudiating party has canceled or materially changed position or indicated that repudiation is final c. Determining repudiation: i. Comment 1: overt communication of intention not to perform, or action that renders performance impossible, or action which demonstrates clearly repudiating party isn't going to continue with performance 1. look at seller's language, actions ii. Comment 2: demand for more money than what K calls for isn't a repudiation in and of itself 1. will need more facts iii. If repudiating party doesn't respond to demand for assurances/ doesn't provide adequate assurances d. 2-609 Assurances i. Generally: help party determine whether other party is capable of performing, is going to perform, or is repudiating ii. (1): if party has reasonable grounds for insecurity, may demand in writing adequate assurances of due performance. Until assurances received, demanding party may suspend its own performance for a commercially reasonable time for performance not yet paid for iii. (2): between merchants reasonableness of grounds for insecurity and adequacy of assurances are determined according to commercial standards iv. (3) acceptance of improper delivery/payment doesn't prejudice aggrieved party's rights to demand adequate assurance of future performance v. (4) after receiving justified demand, failure to provide an adequate assurance within a reasonable time (not exceeding 30 days) is a repudiation 1. Determining whether assurance is adequate: a. often party will say ―I promise I can perform‖ but does demanding party have to rely on that promise? i. Comment 3: sometimes a promise is enough b. if buyer says ship c.o.d. or cash against documents probably adequate assurance c. seller might be able to say the only adequate assurance buyer can give me is a promise of cash against documents d. if buyer is insolvent seller has right to demand cash (2-702(1)) 2. Rejection and Revocation of Acceptance a. Buyer's Rights When Seller Breaches and Buyer Doesn't Keep Goods i. 2-601: Buyer's Rights on Improper Delivery 1. unless otherwise agreed, if delivery fails to conform with K, buyer can: a. reject the whole i. ―perfect tender rule‖—buyer can insist on perfect compliance ii. if he rejects, remedies are determined under 2-711 1. recovery of purchase price iii. Limits: 1. if installment K, perfect tender rule doesn't apply a. can only reject nonconforming installment if the defect substantially impairs the value of the installment and can't be cured 2. bound by limitation of remedy (2719) a. K might limit buyer's right to reject 3. if shipment K, seller's failure to notify buyer or make a proper K is ground for rejection only if material delay or loss ensues (2-504) 4. look to see whether seller has right to cure under 2-508 a. (2): if buyer rejects nonconforming tender that seller had reasonable grounds to believe would be acceptable seller may, if he seasonably notifies the buyer, have a further reasonable time to substitute conforming tender i. buyer would have to take back good if seller fixed defect b. Pro buyer: seller must provide substitute, conforming goods c. Pro seller: seller has right to make minor repairs b. accept the whole c. accept any commercial unit and reject the rest ii. Making the Rejection (2-602) 1. (1) rejection must be within reasonable time after delivery, and is ineffective unless buyer seasonably notifies seller a. Determining ―reasonable time‖ i. difficulty/ease of inspection ii. trade usage and trade practice b. Do not have to tell seller why he is rejecting i. BUT under 2-605(1) if buyer doesn't state he is rejecting because of a particular defect he is precluded from rejecting if seller could've cured the defect had seller been notified seasonably 2. (2)(b) if buyer has taken possession of goods before rejecting them, buyer must hold them with reasonable care at seller's disposition for a time sufficient to allow seller to come get them a. Exception: 2-711(3) i. if buyer has a security interest in goods (i.e. has already made down payment) buyer can reject and hold onto goods until seller gives back money already paid 3. 2-603: if buyer is a merchant and seller has no agent/ business in market where rejection is made, buyer must a. follow reasonable instruction from seller b. if goods are perishable and no instruction then buyer must make reasonable efforts to re-sell them 4. 2-604: if seller doesn't give directions to buyer within a reasonable time after notification of rejection, buyer may store goods (at seller's expense) or re-ship goods to seller 5. (3) seller's rights to goods wrongfully rejected (2-703) iii. Making a Revocation of Acceptance 1. 2-606(1): Acceptance occurs when buyer: a. after reasonable opportunity to inspect signifies to seller that goods are conforming or that buyer is accepting despite non-conformity b. fails to make effective rejection, but no official acceptance until buyer has had reasonable opportunity to inspect goods c. acts inconsistent with seller's ownership i. can't be literally applied because any time buyer takes possession it is inconsistent with seller's ownership ii. Intervale: look to see if buyer has done the act knowing of the defect 2. 2-608(1) Buyer can revoke acceptance of whole or commercial unit whose nonconformity substantially impairs its value to the buyer if: a. buyer accepted on reasonable assumption that defect would be cured and hasn't been seasonably b. buyer accepted without discovering the nonconformity because nonconformity was difficult to discover before acceptance i. if there was a disclaimer of implied warranty there's no nonconformity with the K terms c. Test for substantial impairment to buyer: i. subjective: look at needs of this buyer ii. objective: would this reasonably impair the value to a reasonable person in buyer's position? 3. 2-608(2) Revocation must occur within a reasonable time after buyer discovers/should've discovered grounds for it and before substantial change in condition of goods which isn't caused by their own defects a. reasonable time is longer than reasonable time for rejection i. fact-specific 4. Revocation not effective until buyer has notified seller 5. 2-608(3): revocation gives buyer same rights and duties as if he had rejected them 3. Buyer's Right to Damages for Accepted Goods a. Proof of Defect b. Notice Requirement i. 2-607(3)(a): If tender is accepted, buyer must within reasonable time after he discovers/should've discovered breach notify seller. 1. Otherwise absolute bar from remedy ii. Adequate notice: 1. Lenient standard: almost any complaint will satisfy notice requirement a. beginning of Comment 4 b. if buyer is consumer, probably applies 2. Strict standard: must inform seller that the transaction had caused breach in buyer's POV a. end of Comment 4 b. if commercial buyer, probably applies 3. notice doesn't have to be in writing iii. Who to notify? 1. If buyer sues someone with whom buyer is not in privity, who else must buyer give notice to? 2. 2-607(3) only requires buyer to notify seller, but what if buyer is suing manufacturer? a. if lay customer, might be okay to only notify seller because lay customer not knowledgeable of notice requirement i. but notice to the seller is definitely required 3. If person suing is not the purchaser, might not have to give notice because 2-607(3) only says seller must give notice iv. Notice exceptions: 1. Don't have to give notice if: a. seller actually knew of the defect b. filing complaint satisfied notice requirement i. usually this doesn't satisfy requirement c. Measure of Damages i. Remember: proof of damages is part of the prima facie case ii. 2-714(1): If buyer has accepted and given notification of breach to seller, he can recover damages for loss resulting in the ordinary course of events from the seller's breach as determined in any manner reasonable iii. 2-714(2): value as warranted – value as accepted = damages, unless special circumstances show proximate damages of a different amount 1. No definition of ―value as warranted‖ a. buyer wants value to be high as possible to maximize damages b. usually purchase price=value as warranted 2. Intervale: a. seller says value as accepted is higher than buyer claims, because raw material as accepted could've been used for other purposes b. buyer's argument prevails because of ―other special circumstances‖ language iv. C/A: 1. prove warranty and breach 2. prove value of goods as warranted 3. prove value of goods as accepted (defective condition) a. repair costs b. market value in that condition i. if re-sold, then re-sale price v. 2-715 Incidental and Consequential Damages 1. (1) Incidentals include expenses reasonably incurred in inspection, receipt, transportation and care and custody of goods rightfully rejected, any commercially reasonable charges, expenses surrounding cover, and other reasonable expenses relating to delay/breach. a. narrowly construe this provision 2. (2) Consequentials a. Test: foreseeability of this type of damage resulting from this type of defect under normal circumstances b. Lost Profits i. must be shown with reasonable certainty, but precision isn't required ii. Established business can prove it through: 1. losses on a K 2. losses for un-generated profits iii. For new businesses: 1. can be recovered if proven with reasonable certainty 2. through expert testimony 3. comparisons to similar businesses c. Lost Good Will d. Attorneys Fees e. Emotional Distress i. can only recover if breach also caused bodily harm ii. breach is of a kind that serious emotional disturbance is likely to result f. Injury to person/property proximately resulting from breach vi. Punitive damages not usually available for breach of K 1. some states allow it if conduct in breaching the K amounts to an independent tort vii. No right to cure under 2-714 d. Causation i. Need proximate causation ii. under 2-715(2)(b) can only recover for damages not caused by buyer's own negligence e. Vouching In i. If buyer is sued for breach of warranty for which another party is answerable, buyer may give the other party notice of litigation 1. puts third party on notice, gives 3rd party chance to defend 2. 3rd party will be bound by any common issue of fact found in this action 4. Buyer's Remedies When Seller Fails to Deliver Entirely a. 2-711 i. (1): Where seller fails to make delivery or repudiates, or buyer rightfully rejects or revokes acceptance, buyer can cancel and in addition can recover price 1. (a) ―cover‖ and have damages 2. (b) recover damages for non-delivery as provided by 2-713 ii. (2): if seller fails to deliver/repudiates buyer can also 1. recover for identified goods under 2-502 2. obtain specific performance (if circumstances permit) b. Anticipatory repudiation: If seller repudiates before date fixed for performance i. 2-610 buyer may 1. wait for performance for a commercially reasonable time 2. resort to any remedy for breach (2-711) ii. cover is available if it is done without unreasonable delay (2-713) iii. 2-713 damages for anticipatory repudiation: 1. K price – market price at time buyer learned of breach 2. Cosdin: don't measure from date buyer learned of breach, measure from ―a commercially reasonable time after he learns of the repudiation‖ c. 2-712(2)(b): if seller doesn't deliver buyer can seek specific performance or replevin i. awarded if goods are unique or in other proper circumstances 1. court free to define ―other proper circumstances‖ 2. where good cannot be obtained elsewhere except at reasonable expense/trouble/loss ii. 2-716(3): can seek replevin if good is identified to the K after reasonable effort you are unable to get cover 1. identified to the K: specific goods this K references d. 2-717 i. buyer's right to deduct damages from any part of purchase price still due 1. if buyer still owes seller money on the K, only must pay seller price less the damages 2. deduction only permitted from damages stemming from this K between buyer and seller ii. if buyer deducts too much, buyer is in breach 5. Seller's Protections a. Disclaimer of Warranty i. Warranties that can be disclaimed: 1. Express warranties: a. 2-316(1) express warranties cannot be disclaimed if the disclaimer is inconsistent with the terms of the warranty b. generally disclaimers always fail, express warranty always prevails, because disclaimer always inconsistent c. PER/merger clause issue? i. Becker thinks merger clause can disclaim the express warranty ii. 2-316(1) express warranty can triumph over merger clause iii. lesson: if you're the seller use a well-drafted merger clause for your K, K should include the disclaimer d. if seller says ―no warranty shall be binding‖ it is inconsistent with terms of warranty and warranty will trump disclaimer e. if K includes ―as is‖ clause, but also an express warranty, the express warranty will trump 2. Implied Warranty of Merchantability a. 2-316(2) requirements for disclaimer: i. must mention ―merchantability‖ 1. absolute requirement, word must be there ii. must be conspicuous b. 2-316(3) i. ―as is‖ and ―with all faults‖ sufficiently disclaims implied warranties ii. language must be clear enough to put sellers on notice iii. course of dealing is not sufficient to disclaim implied warranty c. unconscionable? i. disclaimer unconscionable if you show procedural and substantial fairness ii. if new consumer goods and they cause personal injury, some courts will find disclaimer to be unconscionable iii. minority of courts will find valid disclaimer, despite personal injury 3. Implied Warranty of Fitness for Particular Purpose a. disclaimer must be in writing and must be conspicuous (2-316(2)) b. must be part of the K MISCELLANEOUS 1. Conflict of Law a. 1-105(1) i. in the absence of an agreement, apply the law of the state with the most appropriate relationship to the controversy ii. Comments 2 and 3 2. Title a. 2-403: i. can original owner recover property from subsequent good faith purchaser for value if goods were stolen from original owner? ii. yes, subsequent purchaser doesn't have good title because they purchased from someone who didn't have title b. Insurance coverage i. title necessary to prove to insurance company ii. 2-401, title passes at time that seller completes performance
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Art for Architects
Thursday, April 21, 2011
Alan G. Brake.
Artist Stephen Talasnik has long been inspired by architecture and engineering. Now he can return the favor, thanks to an in-office exhibition at Gensler in New York's Rockefeller Center. The show, called Adrift/Afloat, includes 16 pieces, including sculptures, drawings, and diagrams. Talasnik's work is in the collection of the National Gallery, the British Museum, and the Canadian Centre for Architecture, among other institutions.
Quick Clicks> Benz Biome, Facebook Exodus, Code Green, and Sarah Vowell on Architecture
Friday, April 8, 2011
Cindy Yewon Chun.
Nature's Benz. LA Autoshow reveals a radically green Mercedes-Benz concept called Biome– it's made of organic fibers, powered by the sun, and releases pure oxygen into the air! The system behind this model is called "Mercedes-Benz Symbiosis," in which vehicles are seamless part of the ecosystem.
Facebook's Exodus. According to the New York Times, Facebook is moving out — of the office clusters in Palo Alto — and into an insulated 57-acre corporate campus in Menlo Park, California, which is to be renovated by San Francisco-based Gensler. About 2,000 workers, including Mark Zuckerberg, will be moved in within next 10 months. These young 20-somethings don't want a sleek corporate office, but something idiosyncratic and soulful, which the new campus aims for.
Code Green. Crain's reports that the New York City Council continues to green up the city's building codes. A trio of bills looks to "create more energy-efficient roofs." While the first bill requires more reflective and less heat-absorbent roof materials, the second removes building-height limitations from solar thermal equipment and electric collectors and the third bill will add heat and power systems to the list of allowable rooftop structures.
Well-spoken Vowell. Chicago magazine talks to Sarah Vowell about Chicago — and a little New York — architecture. "It's what I do for fun: Go see buildings. I like architecture because it's so nonverbal," she said, and then goes on to discuss her personal relationship with the Carson Pirie-Scott Building. Vowell recently finished her new book on Hawaii called Unfamiliar Fishes.
Gensler Wins Hypothetical LA Stadium Commission
Friday, March 25, 2011
Sam Lubell.
Although LA still does not have an NFL Team, developer AEG today awarded architecture giant Gensler the design of the city's hypothetical 1.7 million square foot downtown stadium, called Farmers Field. Gensler beat out HKS and HNTB who were also shortlisted for the project back in December. If the $1 billion project moves forward it will seat 65,000 to 75,000 people, contain about 200 luxury suites, and have a retractable roof, enabling it to facilitate convention events as well as football games. Gensler's proposal also features a lightweight ETFE roof, bulging outward and taking on an oval-shaped profile. Read More
Five Top Firms Looking for Summer Interns
Wednesday, March 23, 2011
Katherine Fung.
As spring rolls around, deadlines loom for coveted summer internships. AN has collected a list of five prestigious firms that are looking for their 2011 class of interns. Good luck!
LA Stadium Designs To Be Unveiled
Tuesday, December 14, 2010
Sam Lubell.
In a breathless press release, developer AEG and its partners have revealed that they will be unveiling renderings from the three finalists for the proposed downtown LA stadium tomorrow evening at 5pm (December 15).
According to Sports Business Journal, the three firms chosen via an RFP are HKS, HNTB, and Gensler (who designed the Ritz Carlton/JW Marriott where the press conference will be held.. hmm..).
The stadium's proposed location is the site of the LA Convention Center's West Hall. We will of course share the renderings with you after the presser, so stay tuned.
Of course, LA still has no football team, nor does it have an approved location for a stadium. But this is Hollywood! We know how to dream!
In other downtown news, City Council on Thursday will vote on the fate of the proposed Wilshire Grand redevelopment, which would include two large towers designed by AC Martin. Stay tuned everybody!
Behind the scenes at Canstruction LA
Tuesday, October 19, 2010
Carren Jao.
AN recently took a sneak peak at late night preparations for the fifth annual Canstruction LA, a charitable design competition—whose pieces are currently on display in the lobby of 5900 Wilshire Boulevard— that taps teams of architects, designers, builders and engineers to create large-scale sculptures using canned goods (and even a few water bottles) that will eventually be donated to the Los Angeles Regional Foodbank. What we found was a furor of activity, many boxes of pizza, and a bit of competitive banter among teams. Read More
Targeting the Loop
Tuesday, January 19, 2010
Ryan LaFollette.
Crain's Chicago Business reports that big-box retailer Target is negotiating with the developers Joseph Freed and Associates for space at the venerable Carson Pirie Scott & Co. building, now named the Sullivan Center. Formerly home of the department store Carson Pirie Scott, the building, designed by Louis Sullivan, has remained largely vacant following a recent substantial rehab effort. The upper floors house the School of the Art Institute Chicago's departments of architecture, interior architecture, and designed objects and the architectural mega-firm Gensler. The building anchors the slightly more downtrodden southern end of State Street within the Loop. Read More
Eavesdrop CA 10
Friday, December 18, 2009
The Editors.
With its price hikes, worker strife, and bureaucratic image, LA METRO doesn't exactly set the standard for good press. But that appears to be changing as the transit authority has hired two of our favorite writers to supply in-house news and consulting. After being laid off by the Los Angeles Times in March, transit reporter Steve Hymon was hired by Metro to put together its new transit blog, The Source. On November 20, AN contributor Sam Hall Kaplan announced that he had been hired by Metro to be a transportation planning manager, with a focus on "crafting a user-friendly interface in Downtown LA between the Metro and the proposed California High Speed Rail," in particular for stations and streetscapes. Eavesdrop hopes there's one more spot for a guy who would like to check out the coolest cities and their metro systems for ideas—say Paris, Rome, Berlin, and Tokyo. Read More
Only 18 More Shopping Days Until Shanghai!
Even Union Square, San Francisco's high-end shopping mecca, sports the occasional empty storefront these days. To beautify a few for the holidays, the Union Square Association brought in four architecture firms to work their magic, a pro bono effort that also "highlight(s) the vibrant creativity of local architecture firms in a whole new way," says the press release. A delightful idea–but in execution, somewhat of a mixed bag, as you will see. Read More
Yes We CAN
Friday, November 13, 2009
Sam Lubell.
Last night CANSTRUCTION LA, organized by the Society for Design Administration, announced the winners of its 2009 competition at 5900 Wilshire Boulevard. All 60,000 cans—from anchovies to pumpkin pie filling— used to build the amazing structures will go directly to the Los Angeles Regional Food Bank, as will over $7,700 in donations. The structures will be on display at 5900 Wilshire through this Sunday. Check out this fantastic teaser video for the competition, which shows a clever can making its way from the supermarket to the venue. And here's a video of winning team Gensler putting together their entry. All 10 participating teams produced stellar constructions, but a few stood out. They were: Read More
Water Water Everywhere
Friday, October 2, 2009
Sam Lubell.
With its economy in the toilet and its legislature stuck in gridlock, California is .. hurting. But there is one area where the Golden State is still a leader. It's one of the few states in the country to be developing an actual plan for rising sea levels: the California Climate Adaptation Strategy Draft. This, and other very relevant topics will be discussed tomorrow at a UC Berkeley symposium tomorrow called Battling The Sea Level Rise: Climate Adaptation Plans in California & Lessons for Developing World Cities. Read More
Advertise on The Architect's Newspaper.
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You can now filter search results with text. Example: "person: john" will search only person pages for "john".
It's time for the Season 5 finale! That means it'll be a totally relaxing and happy episode, right?
Diggle and Lyla get married! Obviously, nothing will go wrong and they live happily ever after, right?
What started out as a Disney Park attraction has now become the latest action-packed adventure comic for everyone.
Character »
Tallstar appears in 1 issues.
Great fighters of Eternia formed a new team to battle against Skeletor's army, The Evil Horde and The Snake Men.
A team of three sisters that help the Great Rebellion in defeating Hordaks army.
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It's hard to believe it's been nearly 14 years since Pete Rock released Petestrumentals. Following Jay Dee's (p/k/a J Dilla) Welcome To Detroit, Soul Brother Pete laced BBE (Barely Breaking Even) Records' Beat Generation series (Marley Marl and will.i.am were among those who would follow).
Pete struck the Hip-Hop/R&B charts simply through speaking with his hands, and the effort—an instrumental follow-up to 1998's Soul Survivor was a testament to veterans coming back to the booming underground Hip-Hop movement.
In 2015, Mello Music Group replaced the void that labels like BBE and others left in the space. Fresh off of some session work on Kendrick Lamar's To Pimp A Butterfly, today, Pete Rock announced that on June 23 Petestrumentals 2 is happening, via Mello. The Mount Vernon, New York DJ/producer/MC/radio personality will include music new and archival in the collection. To make the announcement, P.R. shared "One, Two, A Few More." This song is from 1995, unheard until now…
The joint references some classics (for sample Heads and Slow Jams Heads), and sounds like it could have been made yesterday, or 1-9-9-5. Hopefully this is only the tip of the iceberg…
Pete Rock Heads know that back in '95, he was a busy man. Coming off of Main Ingredient with Pete Rock & CL Smooth, the Elektra Records star was hard at work with his off-shoots I.N.I. (on Center Of Attention) and Deda's The Original Baby Pa. Both shelved (with promo leaks), BBE would release both LPs on a double-disc in '03.
Pete Rock's last studio full-length work was 2011's Monumental, alongside Smif-N-Wessun. In '04, he notably followed-up Soul Survivor with a sequel of its own.


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UK: Premier sells vinegar, sour pickles unit to Mizkan
Premier offloaded the business for GBP41m (US$63.6m)
Premier Foods plc has sold its vinegar and sour pickles business, including the Sarson's and Haywards brands, to Japanese food group Mizkan.
The UK food manufacturer, which is looking to dispose of its "non-core" assets, said today (15 June) it had offloaded the business for GBP41m (US$63.6m).
The vinegar and pickles unit generated revenue of GBP34m and EBITDA of GBP6.2m in 2011. Premier said it expects the sale to be "initially earnings dilutive".
Under CEO Michael Clarke, Premier is focusing on its "power brands", including Hovis bread, Loyd Grossman cooking sauces and Bisto gravy.
"This agreement represents another important step in our strategy to focus on our power brands," Clarke said. "I'm delighted that we have found a buyer such as Mizkan. Our vinegars and sour pickles business and employees will greatly benefit from being part of a global player focused on vinegar and liquid condiments."
Premier said Sarson's and Haywards were the "leaders" in their respective categories. The sale includes speciality vinegar brand Dufrais, which the company said was the "number two brand" in that sector. The brands are "predominantly" manufactured at Premier's site in Middleton and the company said "all employees" at the factory are expected to transfer to Mizkan.
The transaction also includes private-label assets, as well as pickled beetroot and piccalilli lines at Premier's facility in Bury St Edmunds. Premier will continue to manufacture Haywards beetroot and piccalilli for Mizkan at the plant for 12 months.
"We are excited to acquire two strong and iconic brands that have such a deep heritage in the UK. Sarson's and Haywards are beloved by consumers and we look forward to investing in the brands and adding to their legacy. They fit well with our global portfolio, are an excellent strategic fit and provide a solid foundation for growth in the UK," Mizkan CEO Kazuhide Matazaemon Nakano said.
Sectors: Condiments, dressings & sauces, Mergers & acquisitions
Companies: Mizkan, Premier Foods plc, Bisto
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New York company recognized by The Dutchess County Economic Development Corporation.
Hyde Park, N.Y. — Craig Thomas Pest Control announced the firm has been awarded a Business Excellence Award from The Dutchess County Economic Development Corporation for Small Business of the year. On Nov. 4, DCEDC recognized the achievements of local employers in agricultural, small business, manufacturing, entrepreneur, innovation, nonprofit and tourism categories.
Craig Thomas Pest Control's diversification strategy in a down economy grasped the attention of The Dutchess County Economic Development Corporation. Agency President John MacEnroe said, "In a down economy, they saw the opportunity to expand and launched a whole new line of business. Branching out into new areas of business is brilliant." Craig Thomas, owner of Craig Thomas Pest Control believes his company's mission is to help customers solve environmental issues while protecting their health and property. Thomas credits new services as the forceful factor behind the companies 30 percent growth in 2009. "Increase growth allowed us to better serve our customers needs and the opportunity to increase employment throughout the Hudson Valley. I am proud of my staff and the forty plus families I am able to provide for," Thomas said.
New services included gutter protection, home repair, nuisance wildlife and T.A.P. Insulation.
For more information regarding Craig Thomas Pest Control, visit http://callcraig.com/.
Two of the most destructive termite species in the world are now swarming simultaneously in South Florida, creating hybrid colonies that grow quickly and have the potential to migrate to other states.
Scarlett Nolen, daughter of Truly Nolen, has been promoted to coaching and retention coordinator.
Casey Parker recently won the ONE WORLD competition, organized by the UF College of Agricultural and Life Sciences Challenge 2050 Project in conjunction with the Syngenta Good Growth Plan.
Terminix released its annual ranking of the most termite-infested cities in the country. Cities in California and Texas dominated the list, earning six of the top 10 spots.
Science journalist Brooke Borel has penned 'Infested: How the Bed Bug Infiltrated Our Bedrooms and Took Over the World,' a look at the biological and cultural histories of these amazingly adaptive insects.


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50 Dalek Cupcake Cases
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Cat Ref: SKU 18027
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View the whole set of Doctor Who Cake Presentation Range
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Bissonnet Universal Nila Wall Mount Bathroom Sink
This product has additional required/recommended options. To configure, add to your cart.
Bissonnet Universal Nila Wall Mount Bathroom Sink
Additional Documents
Weights & Dimensions
|Installation Type: Wall mount sink
|Style: Modern
|Sink Shape: Oval
|Finish: White
|Gloss Finish: Yes
|Material: Ceramic
|Number of Items Included: 1
|Non-Toxic: Yes
|Drain Assembly Included: No
|Compatible Drain Assembly Part Number: 360551 and 135551
|Drain Placement: Back
|Faucet Included: No
|Number of Faucet Holes: 1
|Handles Included: No
|Overflow: Yes
|Backsplash Included: No
|Number of Basins: 1
|Valve Included: No
|Angle Supply Included: No
|Mounting Bracket Included: No
|P-Trap Included: No
|Compatible P-Trap Part Number: 1-1/4" P-trap i.e. Model Ref. 135551 Modern P-trap
|Outdoor Use: Yes
|Commercial Use: Yes
|Product Care: Wipe clean with a soft dry cloth. Don't use strong liquid cleaners.
|Country of Manufacture: Spain
|Installation Required: Yes
|Product Warranty: 1 Year Limited
|ISO 9000 Certified: Yes
|ISO 14000 Certified: Yes
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Bissonnet Universal Nila Wall Mount Bathroom Sink
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text:
Katrina left some positive marks on Oxford
Five years ago Sunday, Hurricane Katrina devastated the Mississippi Gulf Coast, New Orleans and surrounding Gulf areas, killing about 2,000 and displacing more than 250,000 people from their homes.
In Oxford, evacuees flooded local hotels and bunked in with family and friends. Law enforcement and emergency management officials say things ran smoothly due to having emergency plans in place. (August 27, 2010, Page 1A)
Film maker chooses Oxford for independent film backdrop
With the first act to his new independent movie finished, filmmaker Thomas L. Phillips found himself needing some fresh ideas to complete the script. In May, he called Melanie Addington, whom he had met two years ago at the Memphis International Film Festival, and asked her to help finish writing the script.
Cast and crew have been shooting for the last three weeks in and around Oxford and expect to wrap up this weekend. (August 27, 2010, Page 1B)
Lion's Club continues to be 'knights of the blind'
The Oxford Lions have helped the needy obtain eye glasses for almost 70 years when the club was first chartered.
The club gives out about two $125 grants a month to adults and children who cannot afford to purchase glasses and, for whatever reason, are not eligible for Medicaid.
The club also takes donations of old eye glasses that are recycled and given to needy families. Old eye glasses can be dropped off at most Oxford eye clinics or the Bank of Commerce, 1610 W. Jackson Ave. Monetary donations for the eye program can be mailed to Oxford Lions, P.O. Box 1751, Oxford MS 38655 or given to any local Lions Club member. For more information, call Mulkey at 234-2220. (August 25, 2010, Page 1)
Court seeks input on pro bono proposals
The Supreme Court is asking the public for its opinion on proposals intended to improve access of legal services for the financially needy. Proposals under review call for making 20 hours of annual pro bono service mandatory for Mississippi attorneys, raising to $500 the payments lawyers may make in lieu of doing pro bono work, and increasing fees paid by out of state lawyers to $500 per case.
The Supreme Court Rules Committee is asking the public to comment on the proposed change by filing a comment with the Clerk of the Supreme Court, Gartin Justice Building, P.O. Box 249, Jackson MS 39205-0249. Deadline for filing the comments is Oct. 1. (August 24, 2010, Page 1)
Store becomes more than a hobby for Oxford resident
Even though Patsy Englehard has only taken up the hobby for a little more than a year, her goal is to build a business that not only sells yarn, but also an oasis for knitters – a serene place where they can work with others in the knitting community. (August 23, 2010, Page 5A)
Oxford prevails with Endurance Weekend
More than 500 participated in a series of races as Oxford and Taylor hosted Endurance Weekend last Friday through Sunday. The event was considered a success by organizers, who hope to see the event become an annual one attracting two to three times as many competitors and visitors. (August 19, 2010, Page 1)
City proposes water, sewer rate hike
The city of Oxford is proposing a rate hike for water and sewer service for its residents and current customers as well as setting rates for current Bell Utilities customers if the city's plans to purchase the utility system's water and sewer systems and customer base are approved. The Public Service Commission must give approval for the purchase and rates to go forward. (August 19, 2010, Page 1)
Fake pot banned
City joins county in making 'spice' illegal. A public hearing was held in City Hall and no proposal was made for or against the substance until Alderman Janice Antonow made a motion to make the ban effective immediately due to health concerns. The ordinance makes the possession, use or sale of any synthetic marijuana a misdemeanor with a possible $1,000 fine and up to six months in jail. (August 18, 2010)
Green light for green space
St. John the Evangelist Catholic Church has been seeking permission to donate two houses to charity. During an Oxford Board of Alderman meeting, applause broke out from more than 100 people in attendance because an initial denial by the Historic Preservation Commission was overturned. Now the church will be able to move forward with plans to replace the homes with green space. (August 18, 2010, Page 1)
Local helps others
Many young people want to see the world while they are still young, but few want to visit those darker corners of the globe where people are suffering. That is what sets Tamara Powers apart from most. A recent UM grad and waitress at Ajax, Powers is trying to raise $11,000 for a mission trip called World Race. (August 17, 2010, Page 1)


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text:
66th Locarno Film Fest Gets Off to Wet Start
LOCARNO, Switzerland – The 66th edition of the Locarno Film Festival got off to a wet start Wednesday and Thursday, with rains dampening consecutive nights in the outdoor Piazza Grande venue.
But the wet weather did not wash away enthusiasm for an encounter with Count Dracula icon Christopher Lee (best known to younger viewers for his roles in Lord of the Rings and Star Wars) at the lakeside Swiss festival. The 91-year-old Lee received the festival's first major career honor, and he thrilled the film lovers by recounting his on-screen battle with the Yoda character in Star Wars: Episode II – Attack of the Clones from 2002.
"The fight against Yoda? I did it," Lee said. "We really fought. There were no stunt doubles!"
The films rained out were the international premiere of 2 Guns, the thriller from Icelandic director Baltasar Kormakur and Sam Garbarski's comedy Vijay and I. With a few die-hard spectators sitting through the rain to watch the films in the Piazza Grande, the films were also shown in Locarno's indoor Fevi cinema -- its second largest venue after the Piazza Grande -- where they were well received by wet but enthusiastic crowds.
On Thursday, Locarno also honored Italian actor Sergio Castellito with a career honor. Castellito revealed that Locarno played an important role in his development as an actor, and was the first festival he ever attended.
Also honored Thursday was Anna Karina, the acclaimed Dutch actress who introduced an afternoon screening of Justine, part of the festival's retrospective of director George Cukor.
The weather is expected to improve for the weekend, just in time for Friday's Piazza Grande premiere of Bruno Oliviero's La variabile umana (The Human Factor). The feature film debut from the prize-winning documentary maker, La variabile umana is the first Italian film to screen in the Piazza Grande in six years.
The festival concludes August 17.
Twitter: @EricJLyman
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White, Hutchison athletes of year
PILLAGER — Jackie White was named the female athlete of the year and Rian Hutchison the male athlete of the year at the Pillager High School spring activity awards night.
Emily Doss received the Erika Dalquist Spirit Award and Jenn Marshall the fine arts award.
Other award winners:
Most improved: Dylan Badger
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Manufacturer/Publisher: Bongo Comics (Release Date: 3/20/2013)
Writer: Ian Boothby, Various • Artist: Tony Digerolamo, Various
Bongo celebrates its 20th year and landmark 200th issue of Simpsons Comics with an extra-special, supersized story about (what else?) the bicentennial celebration of the history of Springfield. Witness the heretofore untold and influential past of the town that's affectionately become known as 'America's crudbucket,' and find out from tales of its fantastic forefathers to its civil war to its fight for civil rights why the worst city in the country is also its funniest! And, as they say .much, much more!
Item #: 1246289 • Diamond code: JAN130940 • UPC: 79834202851520011


text:
Difference between revisions of "Ellyn Bogdanoff"
m (Text replace - "," retrieved November" to "," accessed November")
m (Text replace - "<ref>[http://election.dos.state.fl.us/elections/resultsarchive/Index.asp?ElectionDate=11/4/2008 Florida House official election results for 2008]</ref>" to "<ref>[http://election.dos.state.fl.us/elections/resultsarchive/Index.asp?ElectionD)
|Line 194:
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On November 4, 2008, Bogdanoff won re-election to the [[Florida House of Representatives]] from Florida's 91st District, defeating Chris Chiari (D). Bogdanoff received 38,450 votes in the election while Chiari received 26,594 votes.<ref>[http://election.dos.state.fl.us/elections/resultsarchive/Index.asp?ElectionDate=11/4/2008 Florida House
On November 4, 2008, Bogdanoff won re-election to the [[Florida House of Representatives]] from Florida's 91st District, defeating Chris Chiari (D). Bogdanoff received 38,450 votes in the election while Chiari received 26,594 votes.<ref>[http://election.dos.state.fl.us/elections/resultsarchive/Index.asp?ElectionDate=11/4/2008 Florida House 2008]</ref> Bogdanoff raised $548,182 for her campaign; Chiari raised $128,326.<ref>[http://www.followthemoney.org/database/StateGlance/candidate.phtml?c=107209 District 91 Florida House candidate funds, 2008]</ref>
{{Votepercentbox |
{{Votepercentbox |
Revision as of 11:22, 21 April 2014
|Ellyn Bogdanoff
|Florida State Senate District 25
|Former member
|In office
|November 16, 2010-2012
|Term ends
|November 16, 2012
|Base salary
|Per diem
|Elections and appointments
|Last election
|November 6, 2012
|First elected
|November 2, 2010
|Term limits
|2 terms (8 years)
|Prior offices
|Florida House of Representatives
|University of Florida (1980)
|Nova Southeastern University (2003)
|Date of birth
|October 17, 1959
|Office website
|Campaign website
|The information about this individual is current as of when his or her last campaign ended. See anything that needs updating? Send a correction to our editors
Bogdanoff ran in the 2012 election for Florida State Senate District 34.
Bogdanoff currently works as an attorney, and has previously been a consultant.
She served on the City of Fort Lauderdale Education Advisory Committee from 1997-2000.[1]
Bogdanoff did not provide answers to the Florida State Legislative Election 2008 Political Courage Test. The test informs voters how a candidate would vote on the issues if elected.[2]
Campaign themes
The following excerpts come from Bogdanoff's campaign website:[3]
Education: "Before our children can learn, first and foremost they must feel safe.... We must do a better job of attracting the best and brightest teachers and principals to our schools. We must reward excellence! I will also continue to work to fine tune our accountability standards and promote more options and choices for our children...."
Economy: "Small businesses are the backbone of Florida's economy and account for over 90% of the workforce. We must work to make our state a place where once again, we attract investment, corporate re-locations, and clean industry so that once again Florida's job growth will be the envy of the nation."
Environment: ."..Florida is filled with environmental treasures. They must be protected in a responsible way so that future generations can enjoy their beauty as much as we have. I will continue to promote policies that recognize the fragile nature of Florida's environment and its power in rebuilding our economy."
Taxes and spending: ."..During these challenging economic times, increasing taxes on millions of hard working Floridians is just simply wrong and is counter – productive to the positive steps we are taking to get the economic engine of Florida moving again. Government must reduce its spending and be a partner with Florida's families and small businesses, not an impediment to progress and investment...."
On her campaign website, Bogdanoff listed four issues she was concerned about.[4] They are:
- Working to Improve Our Education System
- Excerpt: "I believe that the safety and security of our children is paramount. Before our children can learn, first and foremost they must feel safe. That is why I authored and sponsored the Anti-Bully bill that passed and was signed by Governor Charlie Crist in 2007."
- Revitalizing Florida's Economy
- Excerpt: "The entrepreneurial spirit that you and I have grown to love in Florida for so many years hasn't gone away, but the climate that used to foster millions of American's to invest in small business is in danger due to high insurance costs and rising taxes."
- Protecting our Natural Resources
- Excerpt: "Florida is filled with environmental treasures. They must be protected in a responsible way so that future generations can enjoy their beauty as much as we have. I will continue to promote policies that recognize the fragile nature of Florida's environment and its power in rebuilding our economy."
- Keep Taxes Low and Reduce Government Spending
- Excerpt: "Government must reduce its spending and be a partner with Florida's families and small businesses, not an impediment to progress and investment. Nothing is more important than focusing on limiting spending and building our economy and jobs for Florida's future."
Sponsored legislation
Bogdanoff's sponsored legislation in the House included:
- HB 251 - "Beverage Law: Authorizes certain direct shipment of wine; requires licensure of winery shippers; provides requirements for licensure; provides prohibitions"
- HB 1157 - "Property Insurance: Expands uses of moneys in Florida Hurricane Catastrophe Fund to include Florida Hurricane Protection Program costs; revises provisions with respect to issuance & use of revenue bonds & emergency assessments"
- HB 7159 - "Tax on Sales, Use, and Other Transactions: Repeals exemptions for memberships to physical fitness facilities owned or operated by licensed hospital, for specified rentals within premises of theater, for rental, lease, sublease, or license for use of skyboxes & luxury boxes, for ostrich feed, for newspapers, magazines, & newsletter subscriptions delivered by mail, for repair & maintenance labor charges for qualified aircraft, & for sales or leases of qualified aircraft"
For details and a full listing of sponsored bills, see the House site.
Presidential preference
Ellyn Bogdanoff endorsed Jon Huntsman in the 2012 presidential election. [5]
Committee assignments
In the 2011-2012 legislative session, Bogdanoff was appointed to these committees:
- Budget Subcommittee on Finance and Tax, Chair
- Banking and Insurance
- Budget
- Budget Subcommittee on Transportation, Tourism, and Economic Development Appropriations
- Communications, Energy, and Public Utilities
- Governmental Oversight and Accountability
- Judiciary
- Joint Select Committee on Collective Bargaining
- Joint Administrative Procedures Alternating Chair
In the 2009-2010 legislative session, Bogdanoff served on these committees:
- Full Appropriations Council on Education & Economic Development
- Full Appropriations Council on General Government & Healthcare
- Finance & Tax Council (Chair)
- Legislative Budget Commission Committee, Florida State Legislature
- Rules & Calendar Council (Vice Chair)
- Select Committee on Seminole Indian Compact Review
- See also: Florida State Senate elections, 2012
Bogdanoff ran in the 2012 election for Florida State Senate District 34. Bogdanoff defeated Mike Lameyer in the Republican primary on August 14, 2012, and was defeated by incumbent Maria Sachs (D) in the general election which took place on November 6, 2012.[6][7]
|Florida State Senate, District 34, General Election, 2012
|Vote %
|Maria Sachs Incumbent
|Ellyn Bogdanoff Incumbent
|Total Votes
|Florida State Senate, District 34 Republican Primary, 2012
|Vote %
|Ellyn Bogdanoff Incumbent
|Mike Lameyer
|Total Votes
- See also: Florida State Senate elections, 2010
Bogdanoff won election to the District 25 seat of the Florida State Senate in 2010. She defeated Kelly Skidmore (D) and Miranda Rosenberg (NPA) in the general election on November 2, 2010.[8]
| Florida State Senate, District 25
2010 General election results
|Ellyn Bogdanoff (R)
|Kelly Skidmore (D)
|Miranda Rosenberg (NPA)
She defeated Carl Domino in the August 24 primary by a margin of 16,433-11,891.
|Florida State Senate, District 25 - Republican Primary (2010)
|Ellyn Bogdanoff
|Carl Domino
On November 4, 2008, Bogdanoff won re-election to the Florida House of Representatives from Florida's 91st District, defeating Chris Chiari (D). Bogdanoff received 38,450 votes in the election while Chiari received 26,594 votes.[9] Bogdanoff raised $548,182 for her campaign; Chiari raised $128,326.[10]
|Florida House of Representatives, District 91
|Ellyn Bogdanoff (R)
|Chris Chiari (D)
Campaign donors
Bogdanoff raised $915,652 in campaign contributions in 2010. The largest contributors are listed below.[11]
|Florida State Senate 2010 election - Campaign Contributions
|Top contributors to Ellyn Bogdanoff's campaign in 2010
|Florida Republican Party
|Hospital Corp Of America
|Florida Chamber Of Commerce
|Florida Hospital Association
|Southern Gardens Citrus Holding Corp
|Total Raised in 2010
Below are Bogdanoff's top 5 campaign contributors in the 2008 election:[12]
|2008 total
|FL Republican Party
|Hospital Corporation of America
|FL Society of Ambulatory Surgical Centers
|Direct General Insurance Co
Recent news
This section displays the most recent stories in a google news search for the term Ellyn + Bogdanoff + Florida + Senate
- All stories may not be relevant to this page due to the nature of the search engine.
- Loading...
Bogdanoff and her husband Steven have three children.
External links
- Campaign website
- Senate website
- Campaign Facebook page
- Twitter feed
- Legislative Profile from Project Vote Smart
- Biography from Project Vote Smart
- Campaign Contributions: 2010, 2008, 2006, 2004
- ↑ Project Vote Smart - Rep. Bogdanoff Biography
- ↑ Project Vote Smart - Rep. Bogdanoff Issue Positions
- ↑ Ellyn Bogdanoff, "Issues," accessed November 3, 2012
- ↑ Ellyn Bogdanoff campaign website, "Reforming Florida With Conservative Ideas"
- ↑ Blog 4 President "Jon Huntsman Announces The Endorsement of State Senator Ellyn Bogdanoff and Coral Gables Mayor and former U.S. Ambassador Jim Cason," August 17, 2011
- ↑ Florida Division of Elections "Candidate List" Accessed April 15, 2012
- ↑ Florida Division of Elections, Official Primary Results
- ↑ Florida Election Watch - Election results
- ↑ Florida Department of Elections "Florida House Official Election Results," November 4, 2008
- ↑ District 91 Florida House candidate funds, 2008
- ↑ Follow the Money - 2010 Campaign contributions
- ↑ Follow the Money - 2008 Campaign contributions
|Political offices
|Preceded by
Jeffrey Atwater
|Florida State Senate District 25
| Succeeded by
Joseph Abruzzo (D)
|Preceded by
|Florida House of Representatives District 91
| Succeeded by
George Moraitis
- 2012 endorsement of Jon Huntsman for President
- 2012 incumbent
- State Senate candidate, 2012
- 2012 primary (winner)
- 2012 general election (defeated)
- Former member, Florida State Senate
- Former member, Florida House of Representatives
- State senators first elected in 2010
- State Senate incumbent retired, 2012
- Republican Party
- Florida
- 2010 candidate
- 2010 challenger
- State Senate candidate, 2010
- 2010 winner
- 2010 open seat


text:
new flea med?
I recently saw an ad touting a new flea prevention. I forget the name and don't know anything about it except I think it's topical like Frontline. Anyone know what I mean and has anyone tried it?
The topical products I know of are
Frontline TopSpot
None of them are new though.
There is a new oral medication called Comfortis. Here's there site. Sorry I haven't seen any commercials; I have Tivo and I'm not afraid to use it LOL!
Here is a link that might be useful: Comfortis
Oh, I remember now. It was going to be called Advantage Multi (or maybe it is called that). It does *NOTHING* to control ticks so it totally slipped right out of my brain (I need tick control).
ALso it is the same medication (moxidectin) that was in Proheart 6, and Advocate is also absorbed systemically, so while the problem with ProHeart was supposedly the delivery system, I'd wait and see if this stuff also kill dogs before using it on my own pets.
I've had little success with flea prevention last summer. I usually need water proof so I went with Frontline plus which seemed to work the year before. Well, it just wasn't keeping them off. So I called Frontline found out since mine came from Australia it had different legal requirements that weren't approved in the US. I thought to myself that Aussie fleas would be tougher if anything and require stronger prevention.
Anyway, I broke down and got legit stuff from the states and had the same problems. I called Frontline who said they couldn't guarantee their product as long as I was exposing my dogs to the yard within 17 hours(how long it takes for frontline to guarantee to kill the fleas) b/c they were just picking up new fleas. I thought about quarantining my dogs 17 hours just b/c I thought that was BS, but I ended up reading of numerous complaints and calling the distributor. They said they also had many complaints and would send me the Frontline regular since that seemed to help and ticks aren't a huge issue in town. I never used it b/c it was already Sept. by this time and I just bought a flea comb and spray which worked better than the FLP ever did. I guess I'll try the regular this summer.
We used to use Frontline with success, but noticed last summer that it wasn't working. I talked with the vet and he told us that after a while, the fleas build an immunity to one product. We switched to Advantix, and that's worked just great. We have a real problem with fleas in our region, so finding the right product was essential, since one of my Westies is highly allergic to fleas. You might consider switching brands. We live in the South and have to use treatment year-round.
I saw the med in Cat Fancy at the library and it slipped my mind already..I usually use Frontline Plus. Do any of you have a favorite online place to buy?...I used one that never sent the product and then tried to get their money when I took it off the charge but didn't succeed. It came from Australia as I think most do. I always order 12 doses at a time.
There are plenty of online sights. They just might not be as cheap as Aussie sites. Try Petmeds or Fosters and smiths.
Nanny2a: I understand fleas building tolerance, but you would think using a product just one summer with a 5 month gap for winter wouldn't be enough time. I didn't go for Advantix just b/c it has to be prescibed by a vet. I dislike my current vet and the one before her. I feel like they are car salesman feeding off my guilt of not being a good pet owner if I don't go through extensive annual exams and check ups. I use ivomec for worms, and administer my own shots and basically try to stay away from the vet when I can.
I was having a terrible problem with fleas and had tried every topical on the market and nothing worked. Within two days of using Frontline he had 50-60 fleas on him and was miserable (me too!). The vet recommended Comfortis, the new pill and WOW! After three weeks we are still completely flea free. I am so pleased -- and no side effects noted. My dog is happy and so am I. I often find dead fleas on the floor, but none on the dog. It really works!!!
I think the flea med you`re looking for is called Promeris. I haven`t tried it. I use AdvocatePlus(now called Advantage Plus) on my 5 cats and 1 dog with great success!! Three of my animals stay outdoors and I live in south WI, where it gets very hot and humid in summer (lots of fleas and mosquitos). It does a LOT more than just kill fleas.
Here`s a list of what it does:
-kills and prevents fleas and flea larvae on the pet and in the pet`s surroundings,
-prevents heartworm,
-controls intestinal worms,
-controls both sarcoptic and demodectic MANGE,
-contols ear mites and lice and
-reduces Flea Allergy Dermatitis!!
Not only does it work great, but it`s pretty cheap too. A 3 month supply for cats is $27-$28 and for dogs it`s from $35-$44, depending on size of animal. I order mine from PetCareChoice.com and get free shipping for a year. Hope this helps!
Correction... the name of the stuff I use is Advocate (Advantage MULTI). I incorrectly said Advantage Plus. Also, to kill fleas and ticks in your yard ( and 63 other bugs), there`s a product called "Sevin-5 Bug Killer" by Garden Tech, aka "sevin`s Dust". It`s a fine powder that comes in a 5 lb. bag for about $7. It can be used on lawns, fruits, vegetables, ornamentals, etc and you can even apply it directly to your pet. Home Depot carries it.
To kill fleas in your carpet, sprinkle it heavily with Borax powder( yes, the laundry stuff) and rub down into the fibers of the carpet.
FleaMeds4Less.com, they specialize in Frontline PLUS for Dogs, Frontline PLUS for Cats, and K9 Advantix. Just save money on your pet's Flea Control needs. They are veterinary owned and are able to buy in large quantities directly from the manufacturer. This enables them to provide you with the lowest prices on the internet!
All their products are Registered from EPA and FDA Approved. They do not sell counterfeit or imported products like some other sites. You'll be satisfied with their low prices and fast service.
Here is a link that might be useful: FleaMeds4Less.com : Best Prices on Flea Medication for Dogs and Cats


text:
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Hey There---pick me, pick me!
My name is Boone. I am a funny, adventurous,active little guy. I'm neutered and ready to find a great home.
I LOVE getting attention and when you pet my head I will flatten out, close my eyes and go into bunny bliss. As soon as you stop petting me, I'll glance up to see if you're actually done. If so, I'll get up and start running, playing and doing binkies.
I'm a super fun, little guy who enjoys life.
Please visit me soon and ADOPT ME!
"Bunnies Gone Bad: The 7 Deadly Sins" is a wickedly funny and amazingly realistic portrait of the rabbit psyche.
Two each of seven for set of 14 cards representing each sin. Comes with seven bright green envelopes as well. Cards measure 5", by 7".


text:
P-Mation #41: A-Door-Able
Blue boy meets his lovely neighbor!4.46 / 5.00 10,016 Views
Otherworld - Quiet Luke
in da othawurld4.40 / 5.00 6,925 Views
Joe vs the Environment
In collaboration with Earth Hour 2015 and Pocoyo4.08 / 5.00 2,690 Views
You should do movies.
Suspense, violence, mystery, and a nice jazz beat to boot. This is one of the best flashes I've seen on this site in a long time. I just hope you'll continue with this series. Amazing work.
Very Nice Dave!
This is absolutely stunning!
I love your animation skills, Now i know i have no place too criticize animation but i think you should quickly edit the animation where he is punching his fists. The clip goes on for a while and is very jerky so by fixing it it may help your score!
Just an idea!
Film noir meets Tarantino
I love it. It's perfect.
i loved it.
you have a fantastic voice ! " Brains might beat brawn, but hot lead always beats brains."
Actually I didn't voice act at all in this entry. I usually do but not this time. The main character, Vic Aces, was actually voice acted by Jeff Lupetin, who played the main character in Hideo Kojima's game "Snatcher". Kevin Czarnecki (or Ebonyte as he's known on Newgrounds) played the voices of Mackey and Donavan King, and Gigi was played by Katelyn Foley, who did a great job considering she looks nothing like she'd be able to make that voice! lol Thanks again VA Crew, wouldn't be able to do this without ya!