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What the foreign exporter and its financing bank or factor should know when placing your goods "on consignment" with an American Business Partner.
PLACING YOUR GOODS ?ON CONSIGNMENT? WITH YOUR AMERICAN BUSINESS PARTNER: WHAT THE FOREIGN EXPORTER AND ITS FINANCING BANK OR FACTOR SHOULD KNOW By AARON N. WISE AARON N. WISE, ESQ., PARTNER Aaron N. Wise © 2004 Gallet Dreyer & Berkey, LLP All Rights Reserved th 845 Third Avenue, 8 Floor New York, NY 10022 Telephone: (212) 935-3131 Telefax: (212) 935-4514 Email: firstname.lastname@example.com INDEX ABOUT THE AUTHOR; THE SERVICES OF GALLET DREYER & BERKEY, LLP PART I: INTRODUCTION PART II: RISKS, DANGERS AND SURPRISES REGARDING U.S. ?CONSIGNMENT ARRANGEMENTS?: OVERVIEW PART III: MOST CONSIGNMENT ARRANGEMENTS IN THE USA WILL BE TREATED AS A ?SALE OR RETURN? PART IV: SECURING RIGHTS IN THE ?CONSIGNMENT GOODS?: WHAT THE ?CONSIGNOR-SELLER? SHOULD DO PART V: LAWSUITS AND TAX CONSIDERATIONS PART VI: ASSIGNMENT OF ACCOUNTS RECEIVABLE TO A BANK OR FACTOR PART VII: CONCLUSIONS PART VIII: SHORT CASE STUDIES (i) ABOUT THE AUTHOR Aaron N. Wise is a partner of the New York City law firm, Gallet Dreyer & Berkey, LLP. Mr. Wise?s areas of expertise include corporate, commercial and contract law, taxation, intellectual property law, and other areas dealt with in this guide. Mr. Wise holds law degrees from Boston College Law School, New York University Law School and the University of Paris Law School (France). He is a frequent speaker inside and outside the USA. Mr. Wise biography is listed in Who?s Who in the World, Who?s Who in America and Who?s Who in American Law. He also practices in the sports law field, both domestically and internationally. Mr. Wise is proficient in German, French, Italian, Spanish, Portuguese, Russian and Japanese, and has a basic working knowledge of several other foreign languages. He is the author of a multivolume work, International Sports Law and Business (The Hague and Cambridge, Massachusetts 1997) and several other publications.. He has many years of broad, in-depth experience in representing foreigners in connection with their US and international legal and tax matters. THE SERVICES OF GALLET DREYER & BERKEY, LLP Gallet Dreyer & Berkey, LLP (?GDB?) is a law firm based in New York city, offering a full array of legal and tax services. GDB is capable of handling client matters thorughout the USA, as well as their internaional legal and tax matters. Examples of GDB?s fields of expertise include: ? Direct investments in the USA of all kinds, including acquisitions and, mergers, joint ventures, establishing companies and manufacturing operations; ? Commercial law generally; ? Contracts of all types; ? Intellectual property law; ? Technology transfer and licensing; franchising; ? Real property law; (ii) ? Computer law and related contracts; ? Visas and immigration; ? Tax law and planning (US and internacional); ? Litigation, arbitration and mediation ); ? Sports Law (US and international). (iii) PART I: INTRODUCTION From a strictly commercial perspective, a ?consignment? arrangement is one where: (i) one party, the consignor, delivers goods to another party, the consignee, (ii) for sale by the other party, the consignee, (iii) with the understanding that only if the consignee sells the goods will he have to pay the consignor the agreed price for them. Foreign companies (meaning non-U.S. companies) rather frequently use ?consignment? arrangements in their U.S. business dealings. Their reasons for doing so might include: ? The U.S. dealer or distributor cannot or will not finance the payment for the goods. By setting up a ?consignment stock? in the U.S. party?s possession, the U.S. side only has to pay the consignor the agreed price after it sells the goods. And, if the U.S. party is the distributor or dealer of the foreign party, the arrangement permits quick delivery to customers. ? If the consignor has been warehousing the goods in the USA, it may no longer wants to pay the warehouse charges. Typically, its U.S. dealer or distributor will not charge the consignor for storing the goods in its own warehouse facility. The U.S. consignee could be a completely independent party. Or, it might be the U.S. subsidiary of the foreign consignor, or a U.S. joint venture company in which the consignor holds some ownership percentage, either directly or through another company in its group. From both a practical, legal and tax standpoint, consignment arrangements in the U.S.A. pose certain risks and dangers, particularly from the consignor?s standpoint. That is also true to some degree from the U.S. consignee?s perspective. Also, there may be unexpected results. That is so whether the U.S. consignee is completely independent of the consignor or is its U.S. subsidiary or a JV entity. 1 Before deciding upon setting up a ?consignment? arrangement for the U.S.A., competent legal advice should be sought. In this short Guide, we will point out some of some of the major points that the consignor should keep in mind. PART II: RISKS, DANGERS AND SURPRISES REGARDING U.S. ?CONSIGNMENT ARRANGEMENTS?: OVERVIEW Here are some of them. ? Often, the parties do not utilize a first class contract, American style, for their ?consignment? arrangement. Instead, they set forth their agreement in some letter or memorandum they or one of them has prepared. Or, they use some non-U.S. style contractual document. Or, they agree orally. That is a very big mistake, especially for the consignor. A first class contract, U.S. style, is a must. ? There is always the possibility that the consignee will not pay the consignor the agreed price for the goods after the consignee makes sales. That can occur, for example, because of the consignee?s financial problems or bankruptcy; because a dispute arises between the consignor and consignee; or because the consignee claims that its customers found the goods to be defective. ? The consignor may find at some point that some of the ?consignment goods? in the consignee?s possession are missing and not accounted for. The consignee may refuse to permit the consignor to examine the consignment stock and/or its books and records. ? If and when the distributorship relationship or contract ends, the consignee may refuse to return the remaining ?consignment? goods because of some claim it has against the consignor. 2 ? U.S. income tax and state personal property tax issues will have to be evaluated by the foreign party before deciding in favor of a ?consignment? arrangement. ? Placing goods on consignment with a U.S. party, in the States, whereby the consignor claims to retain ownership until it receives payment for them, may make it easier for a third party to sue the consignor, particularly (but not necessarily only) in the U.S. State in which those goods are located. Product liability cases are one important type. The consignment arrangement will probably weaken the foreign seller?s argument that the U.S. court did not have ?jurisdiction? (that is, the power to decide) over it. ? To protect its interest in the ?consignment stock? against attack from the consignee?s creditors, including any eventual bankruptcy representative of the consignee (syndic en faillite, Insolvenzverwalter), the consignor must take certain action. The most important will be, in addition to a proper written agreement, the filing in one or more U.S. registries of a standardized form document---a ?UCC financing statement?. Under U.S. law, a contract clause by which the consignor retains title to the goods will not accomplish that. That is so even if the consignment contract (or the consignor?s General Terms of Sale) states that it is governed by its home country law. ? Under U.S. law, most ?consignment? arrangement will be characterized as a ?sale or return?. One of the main features of a ?sale or return? is this: if the consignee does not actually return (not offer to return, but return) the unsold ?consignment? goods within a ?reasonable time?, the consignee has definitely and finally purchased them, and will have to pay the consignor the agreed price for them. Of course, if the parties? agreement clearly states otherwise, then the agreement?s provisions will override that rule. We will only discuss a few of these points in the following sections. 3 PART III: MOST CONSIGNMENT ARRANGEMENTS IN THE USA WILL TREATED AS A ?SALE OR RETURN? A. What is a ?Sale or Return? Most U.S. consignment-type arrangements will be treated legally, under U.S. law, as a ?sale or return?. There is a uniform law applicable in all U.S. states called the ?Uniform Commercial Code? or ?UCC?, and a particular long Article of it, Article 2, deals with the law of sales of goods. The ?sale or return? is contained in two sections of that Article. A ?sale or return? arises when ? goods are delivered to a party primarily for resale by that party (the ?consignee-buyer?), ? with the express or implied agreement or understanding that the consignee-buyer can return them to the consignor- seller (even though the goods are not defective, damaged, and are the agreed goods), Unless the parties? contract regarding the ?consignment? makes it very clear that no ?sale or return? is intended, U.S. courts tend to treat most consignments arrangements under which the consignee is to resell (rather than use) the goods as a ?sale or return?. There are three main consequences of a ?sale or return?: ? If the consignee-buyer does not actually return the consigned goods to the consignor within a ?reasonable time in substantially their original condition, the consignee-buyer is considered to have definitely bought them and must pay the consignor-seller the agreed price for them. What is a ?reasonable time? is decided case by case depending on the particular circumstances. The idea is that unless the parties have very explicitly otherwise agreed, the consignee-buyer cannot hold the goods indefinitely without having to pay for them. Many ?consignees? in the USA---and their lawyers, are not aware of this rule. 4 Of course, if the parties have agreed on the time by which return of the goods is to be made, or made some other agreement about return of the goods, that agreement will normally apply rather than the rule just above. ? unless otherwise agreed, the consignee-buyer bears the risk of loss and expense of returning the goods to the consignor-seller. ? the consignment goods are subject to the claims of the consignee-buyer?s creditors while they are in that party?s possession. Title (propriété, Eigentum) to the goods passes to the buyer- consignee upon delivery, even if, by contract (or the seller?s General Terms of Sale), the consignor-seller has retained title thereto until receipt of payment in full. That means that unless the consignor-seller takes certain measures to protect its rights in those goods---- particularly, a proper agreement with the consignee-buyer and the filing of a particular form in one or more registries----certain creditors 1 of the consignee-buyer and that party?s trustee in bankruptcy would have superior rights in and to the goods. A ?sale or return? is really a sale, but subject to a condition subsequent that the buyer can actually return the goods to the seller in substantially their original condition within a reasonable time and not pay any price for those goods returned. That is why the terms ?consignor-seller? and ?consignee-buyer? are used above. B. The ?Sale on Approval? If goods are delivered primarily for the U.S. party?s use (rather than resale) and the U.S. party is given the right to return them to the 1 Typically, a company in U.S. bankruptcy reorganization functions as its own trustee in bankruptcy subject to the control of the bankruptcy court----it is a ?debtor in possession?. Thus, there may not be a true ?Insolvenzverwalter? as in Germany. 5 seller without having to pay for them, then unless otherwise agreed, the transaction is a ?sale on approval?. In effect, the goods are delivered to the buyer on a ?trial basis?. The consequences---unless otherwise agreed by the parties--- are: ? If the buyer does not notify the seller within a reasonable time that it wants to return the goods (and not pay for them), then the buyer is considered to have accepted them and must pay for them. Actual return is not required as with the ?sale or return?, but just notice of the decision to return them. ? title to the goods passes to the buyer once he accepts the goods. ? on return of the goods, the buyer bears the risk of loss and the expense, but must follow the seller?s reasonable instructions. ? until the goods are accepted by the buyer, they are not subject to the claims of the buyer?s creditors (or its trustee in 2 bankruptcy, in case of the buyer?s bankruptcy ). The situations in which ?sale on approval? will occur are much less common than ?sale on return?. C. The ?True Consignment? If a particular transaction is a ?true consignment?, then the above rules on ?sale on return? will normally not apply. A ?true consignment? will have many or most of the following characteristics not normally associated with a ?sale or return?: ? The consignee is the consignor?s agent for purposes of selling the consigned items and must follow his instructions; ? The consignor dictates, controls or approves the price and terms by which the consignee can sell the consigned items and sometimes, the customers to which the sale may be made. 2 See footnote 1. 6 ? The consignor, rather than the consignee, typically invoices the customers for the consigned items sold. ? The consignee?s compensation for selling or arranging the sale of the items for the consignor is normally a commission, rather than the proceeds of the sale. ? If the consignee receives the money from the sale of the consigned items, it must normally keep it segregated from its other moneys, in trust for the consignor until the money is turned over to it. ? The consignor normally requires the consignee to segregate the consigned items in its possession from its other goods and items, and often, to post a sign close to the consigned items stating that they are the property of the consignor. ? The consignor has the right to demand back and take immediate possession of the consigned items by all legal means. ? The consignor can, by law, inspect the consignee?s pertinent books and records and the consigned goods in the consignee?s possession. ? Risk of damage or loss from the elements and theft is normally born by the consignor while the consigned items are in the consignee?s possession. ? Title to the consigned items remains in the consignor - --it does not pass to the true consignee. Quite probably, a foreign company would only very rarely conclude a ?true consignment? with a U.S. party. With respect to certain types of goods, like diamonds and precious gems, the ?true consignment? is more commonly used. 7 PART IV: SECURING RIGHTS IN ?CONSIGNMENT GOODS?---WHAT THE ?CONSIGNOR- SELLER? SHOULD DO There are many things a consignor-seller should to properly protect itself, assuming it has decided to proceed with such an arrangement with a U.S. party. In this Part, we will mention only a few key ones. The consignor-seller will normally want to prevent any third parties from seizing, attaching and/or claiming any rights to the ?consignment? goods. The ?security interest? is the most U.S. common mechanism used to secure payment for the sale of ?goods?. Sellers of goods (including exporters) frequently use it. Also, banks and other lending institutions normally require their company borrowers to grant them security interests. A security interest functions somewhat like a mortgage on real property. However, the collateral (actif mis en gage, Sicherungsgueter) cannot be real property. It can be nearly any type of personal property and rights, tangible or intangible, including accounts receivable, whether already existing or acquired in the future by the debtor. If, as will normally be the case, goods for resale will be placed ?on consignment? with a U.S. distributor, dealer or similar contract partner, then the consignor-seller should have its U.S. lawyer prepare and file in the appropriate U.S. registry(ies) a particular form----a UCC financing statement----specifying the goods and possibly other agreed assets of the debtor (e.g., accounts receivable from the resale of those goods, proceeds from resale) as the collateral. By doing so, that will normally give the consignor-seller protection (priority) over most creditors of the consignee-buyer and over a trustee in bankruptcy of the 3 latter . Conversely, not filing will expose the goods to the claims of third parties. That filing is called ?perfecting? and what is being perfected is a ?security interest? in favor of the consignor-seller in the goods. 3 See footnote 1. 8 However, that cannot be done unless there is a written agreement between the parties creating a ?security interest? in the goods concerned in favor of the consignor-seller. That agreement can be part of the consignment agreement that the two parties would sign, or an Exhibit to it. There is, however, an important preliminary step before implementing the above. First, a registry investigation (a ?search?) should be done to see that the consignee-buyer has not already granted rights in future inventory to some creditor, such as a bank, which has already filed a UCC financing statement covering future inventory of the consignee-buyer (as collateral). If that search reveals such a creditor, the consignor-seller can still obtain priority protection in the consigned goods by filing in the appropriate U.S. registry(ies) a ?UCC financing statement?, but that filing must be done and a special written notification must be sent to that creditor before the consignee-buyer receives possession of the goods. The consignor-seller may also be able to secure and obtain priority over the proceeds of the consignee-buyer?s resale of the goods. A point made earlier merits repetition. A contractual provision (including one in the seller?s General Terms of Sale (?GTS?) by which the seller retains ownership in the ?consigned? goods (droit de retention de propriété, Eigentumsvorbehalt) will have practically no value in the USA. It will not protect the goods against third parties (creditors of the 4 U.S. party, or that party?s trustee in bankruptcy . Only the measures mentioned above creating a ?perfected security interest? will do that. That is true even if the contract between the consignor-seller and consignee-buyer, or the consignor-seller?s General Terms of Sale state that the law of the seller?s country or some other law applies. In fact, sometimes a foreign party?s General Terms of Sale which have not been specially adapted to U.S. transactions, can be a major obstacle when problems arise. The reader may be interested in 4 See footnote 1. 9 receiving from this writer, at no cost, a copy of the Guide dealing with 5 General Terms of Sale for the U.S. market. Even if the transaction might be characterized as a ?true consignment?, the consignor should go through the filing (perfection of security interest) process and related procedures described above. That may even be advisable if the transaction were a ?sale on approval?, even though under U.S. law goods sold ?on approval? are not subject to claims of the buyer?s creditors. The concept is to secure maximum protection of the consignor?s rights in the property. PART V: LAWSUITS AND TAX CONSIDERATIONS A consignment-type arrangement whereby the foreign (e.g., German) party claims to own the U.S. consignment stock may make it an easier target for U.S. lawsuits. For purposes of ?jurisdiction (competence, Kompetenz) over the foreign party, a U.S. court, particularly (but not necessarily only) one located in the same U.S. state as the consigned goods, may find it easier to conclude that the foreign party can be sued there. That is particularly so if the U.S. consignee is its distributor for those products for all or most of the USA. Product liability suits are one type to which that point may apply, but there may be others. From a tax standpoint, normally a foreign company will want to avoid having a permanent establishment (?PE?) in the USA. That is a tax concept contained in income tax conventions the US has concluded with most European and many other countries. The consequences of being found to have one can be negative, taxwise. Maintaining a consignment-type stock in the USA stored in the U.S. distributor?s or dealer?s warehouse normally will not, in and of itself, cause the foreign company to have a PE. But if one or more other factors do exist, such as the foreign company maintaining a sales office, e.g., on the U.S. distributor?s facility, or stationing one of its employees in the USA, that could trigger a PE. Where the seller?s country has not concluded an 5 That Guide is called ?General Terms of Sale for Exports to the USA, the Western Hemisphere Generally, and Worldwide?. A German language text of that Guide will be available shortly. 10 income tax treaty with the USA, then the issue will be whether, from a U.S. standpoint, the foreign company is ?doing business in the USA?. Foreign enterprises will normally want to avoid that characterization. Moreover, if the U.S. contract partner acts as the foreign party?s agent, and has the authority and in fact does conclude contracts in the foreign party?s name, that may cause the latter to have a PE in the USA. A ?true consignment? arrangement might well be one example of such a situation. Many U.S. states have a personal property tax. Problems can sometimes arise with the state tax authorities connected with a ?consignment? of goods, if the U.S. consignee takes the position that it does not own the goods and thus, does not have to declare and pay tax on them, rather, the consignor does. This will normally not a very serious problem, and can typically be managed and resolved. It properly should be dealt with in the contract between the parties. VI. ASSIGNMENT OF ACCOUNTS RECEIVABLE TO A BANK OR FACTOR It is fairly common in Europe and elsewhere for companies to finance their accounts receivable resulting from sales of its goods--- including its U.S. sales--- by use of a bank or factor. The seller typically assigns its accounts receivable to a bank or factoring firm (for short, ?factor?) in exchange for quick payment for a factoring fee. The factor should take various measures to protect itself and its purchased accounts receivable and claims. Our experience has shown that frequently, the factor does not do so sufficiently. An entire guide could be written on what a factor should do to properly protect its interests. We will confine ourselves to only a few points. One thing the factor should do is to see to it that an agreement equivalent to a ?security agreement? is concluded with its client company, and with the debtor, valid under U.S. law; that the appropriate U.S. registry search is done, and that UCC financing 11 statements are filed, either by the client company (and then assigned to the factor) or by the factor itself, covering the desired ?collateral?. Another is to insert provisions in the factoring contract with the exporter-seller to afford the factor very strong protection against fraud and deceit by the seller company and its owners), who should personally agree to be bound by those ?antifraud? clauses and for the resulting damages and costs in if such occurs. Here is one type of fraud that sometimes arise. The factor?s client (exporter-seller) makes a secret agreement with the customer for its goods (e.g., U.S. distributor) that the goods are ?on consignment?, only to be paid for when and if the U.S. party sells them. Neither party ever tells the factor about the secret agreement. The foreign exporter then issues one or more normal invoices to the U.S. party for those goods, e.g., showing payment for them is due with ?X? days, submits them to the factor, receiving payment for them. The factor will have notified the U.S. party of the assignment of accounts receivable and claims, and probably will have the seller place a notice thereof, including instructions to pay the factor directly, on all invoices to the U.S. party. The U.S. party does not pay for the goods, or pays a lesser amount than invoiced, because it has not resold the goods ----but does not tell the factor that. The factor then decides to sue the U.S. party in the States, and finds that the U.S. party?s defense is the ?consignment agreement?. By that time, the exporter has serious financial problems or is bankrupty, and the factor cannot recover the money it paid to the exporter. The factor might win or lose that U.S. case, but either way, it may incur substantial costs, particular legal fees, that it may not be able to recover (see below). With proper ?antifraud? provisions in the agreements, particularly in the factoring agreement with its customer, and close follow up, monitoring, and records inspection of the U.S. party and its own client, the factor?s can significantly reduce its risks. Exporters should insert in their General Terms of Sale = ?GTS? in connection with U.S. sales----and their factors should require it of them--- certain key clauses not normally included in typical foreign (e.g., European) GTS. One would be that in case of litigation, the exporter-seller, if it wins, will be entitled to recover, as damages, its legal fees incurred in connection with the litigation against the U.S. buyer. Since the law of several foreign (e.g., European) countries allows the winner to recover its legal fees without any contractual agreement, 12 such a clause is not normally found in the GTS of a company from such a country. But that is not the case in the USA. With few exceptions, the winner will not be able to recover its legal fees unless there is a contract between the parties so stating, phrased in a proper manner. Such a contract can be the exporter?s GTS, but only if the U.S. party has agreed in writing to be bound by those GTS. Regarding that last point, both U.S. domestic sales law and the international convention on the formation of contracts for the sale of goods (to which the US and many other countries adhere) state, indirectly but clearly enough, that clauses that are ?special? contained in any document, including GTS, that the buyer has not accepted in writing, will not be binding on the buyer. Such clauses include, among others: 1. legal fee clauses as above; 2. limitations or exclusions of seller?s warranties, exclusion or limitation of damages, shortened statutes of limitations on claims brought by the buyer; 3. with certain exceptions, arbitration clauses and clauses conferring jurisdiction on a court or courts other than one in the buyer?s particular location; 4. clauses by which the buyer grants a ?security interest? to the seller. Moreover, typical GTS of a European seller will state that its country?s law applies, and that a particular court in its home country has exclusive jurisdiction over lawsuits resulting from the transactions. Such clauses can be a major obstacle if the decision is made to sue the U.S. party in the States. Care and thought must be given to preparing GTS, particularly when they will be used for U.S. transactions. Similar problems will also arise for the exporter when selling to other countries. In fact, it is possible to draft for the foreign seller of goods, one GTS that will be effective, protective of the seller?s (and thus, the factor?s) interests and accomplish the desired purposes, for that seller?s 6 worldwide sales. The GTS should be in English----that is, proper and correct legal English. They can be in a second or third language as well,, but definitely in proper, correct English. If the GTS will be multilingual, the texts should be identical, prepared and reviewed by competent counsel. 6 See footnote 5. 13 The GTS should state that all of the rights and prerogatives of the seller set forth therein, have been assigned to the factor. PART VII: CONCLUSIONS Our conclusions will be very brief and general. 1. Before deciding to conclude any type of ?consignment of goods? arrangement for the U.S. market, the exporter should consult with competent U.S. counsel regarding the advisability, the benefits, the dangers and risks etc., and whether and how those dangers and risks can be properly ?managed?. A consignment-type arrangement for the U.S. market is not necessarily a way of doing business that a company should avoid. In certain circumstances, it may be appropriate and beneficial-----but only if properly planned and done correctly. 2. The same general point applies to factors or assignees of accounts receivable resulting from its customer?s U.S. sales, in terms of how the factor can best protect itself. 3. Most of the points made in this Guide apply where the U.S. consignee or buyer is the direct or indirect subsidiary or affiliate of the foreign consignor or seller. Just because the foreign consignor or seller controls or has a strong voice in the U.S. entity does not eliminate or even reduce many of the risks and potential problems mentioned in this text. Some of the points in this Guide may be difficult for a non-lawyer to understand fully. The idea is not grasp every point, but rather, to 14 have an overall understanding of the important considerations, and to know the questions to ask. PART VIII: SHORT CASE STUDIES Case Study 1: A European exporter-seller sells and delivers goods to a U.S. buyer. It is a ?straight sale?, not any kind of ?consignment arrangement. The sales contract signed by the parties or the seller?s AGB on its order confirmation and invoice state that the seller retains ownership of the goods until it receives full payment for them. The U.S. buyer goes into bankruptcy owing the seller money from that sale. The exporter wants to recover the remaining goods based on its title retention clause. The buyer?s bankruptcy representative argues: ?No, you can?t. The retention of ownership clause is not binding on me---it does not allow you to recover the goods. You are just an ordinary, general creditor, with no priority rights whatsoever.? Result: The bankruptcy representative is right. To have priority over other creditors and be able to recover the goods, the seller would have had to have a valid, perfected ?security interest? in the goods. That means, a legally valid ?security agreement? and the filing of a UCC financing statement in the proper registry(ies). If there was any existing financing statement filed by a third party covering, as collateral, the debtor-buyer?s future-acquired goods (e.g., inventory), then the to prevail, the seller would have had to comply with certain other requirements mentioned in the text above. Another point. If buyer did not agree in writing to the seller?s GTS, then provisions like the title retention clause might well not be binding on the buyer. If the buyer, in fact, had so agreed in writing, then the title retention clause would quite probably be treated, legally, as a ?security agreement?, and if the seller had filed in the proper U.S. registry(ies) an otherwise properly prepared UCC financing statement and, where applicable, met other requirements, it would have prevailed. Note, however: the typical title retention clause found in a European- style GTS do not go far enough to protect the seller in U.S. transactions. Case Study 2: The same facts as in Case Study 1, except the U.S. buyer is not the subject of any bankruptcy. Rather, a bank holds a valid, 15 perfected (by filing) ?security interest? in all of the U.S. buyer?s presently owned and after ?acquired goods. The buyer defaults on its debt to the bank, and the bank forecloses on its security interest. It takes possession of the goods and intends to sell them to satisfy, in whole or in part, that debt. The seller argues: ?The goods are our property. We have a title retention clause in our GTS, and under our country?s law, which applies, we can legally get them back because the buyer didn?t pay us for them. You have no right to take possession of them, sell them, and apply the money against your own debt. ? Result: The bank wins, the seller loses. Only by having a valid ?security agreement? with the U.S. buyer, and filing a UCC financing statement in the appropriate registry(ies) and fulfilling other conditions mentioned in this Guide, before the goods were delivered to the buyer, could the foreign seller have prevailed. Case Study 3: An exporter places a stock of goods (inventory) ?on consignment? with a U.S. party, to be paid for only when and if the latter sells (or, if you prefer, resells) them. The parties? contract and the seller?s GTS placed on its order confirmations and invoices states that the seller retains ownership of the goods until receipt of full payment for them. Either A. the U.S. party goes into bankruptcy; or B. a creditor of the U.S. party owed substantial moneys who has a ?perfected security interest? in all present and after- acquired inventory of the U.S. party, is ready to take possession of it, sell it off, and apply the proceeds against the debt. The exporter wants to recover its goods. Result: In all likelihood, the exporter loses. Since the goods were supplied to the U.S. party primarily for resale, the transaction would quite probably be treated as a ?sale or return?, and as such, the goods are subject to claims of the U.S. party?s creditors. If the U.S. buyer did not agree in writing to the exporter?s GTS, then there is substantial doubt whether the title retention clause is binding on the buyer. But even if that hurdle could be overcome and the clause were considered a binding ?security agreement?, the fact that the exporter did not file a properly prepared UCC financing statement in the appropriate registry(ies) and, where applicable, comply with the other legal requisites, would defeat its claim. 16 17


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A very refreshing, insghtful and eloquent exposition from a venerable journalistic "superhero" hims
Dr Fatai Badmus | Who is the Presidency?
not with 1m- 9m dollars balance in account
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To start with, he didn't have any right to the stool of Alaye Ode Remo, and he knew it. The only re
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|Grave marker for Ray Bradbury. This photo was taken in May 2012, the month before he died.
Permission by Creative Commons
|Grave marker for Ray Bradbury. This photo was taken in May 2012, the month before he died.
Permission by Creative Commons
Way back when I first tackled novel writing, someone asked me why. I said, "So that my kids and grandkids will know who I was." I think most of what people see of us is only the superficial 1%. You cannot really know someone. Even a spouse will only scratch past that 1% and uncover another 15 (my wife might say that's too much). Writers are given a great gift. We can pour all of oursevles out for the whole world to see. We may not live long enough or write enough to reveal the 100%, but we do more than most.
Thanks for the post.
The idea our words will outlast us is a good incentive to write well. It's another to make me bury a seed in my work that will reach hearts and hopefully change a life or two. Thanks for making us think!ReplyDelete
Thank you for your thoughts. I haven't read much Rad Bradbury because I'm not much of a science fiction fan; most of it is so dark and hopeless that I'm better off leaving it alone.
But this post does bring to mind a related thought from some time ago.
I'm not sure whether I heard the words or read them, but someone wondered why the judgment doesn't happen for each person the moment he or she dies.
The answer was that a person's influence doesn't end when their life ends. Their words and actions continue to influence others--for good or ill--after they've drawn their last breath.
As in the cases you've cited, sometimes for a long time after.
Thanks for the reminder.
Best wishes,
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Meet, FC WHIZZKIDS LEGENDS!
Old school Championship Manager and long term Football Manager addicts – I bring you, the LEGENDS database for #FM15.
In this database, i have removed all but 8 young players of the Crewe Alexandra Football Club squad, leaving them for future HG purposes only. Re-named the club and made them as created in 2014. Given the club a 5 year transfer embargo so you are forced into using the current squad of 40+ players. Getting to the main part now – The players! They have all been given 3 year contracts on £1k p/w wage. I have installed over 40 LEGENDS of the 2 famous games in one squad with an all star legendary backroom staff. There is some real, young and old talent in the squad who have made big names for themselves on the games through out the years.
The challenge is set – Can YOU take these mix of LEGENDS all the way to the top, relying on this squad and your regen intakes for minimum 5 years?
(Remember, this is for fun!)
Oh, and you havent heard of at least half of these players, you are either really young, inexperienced with the games, or been living under a rock!
Database download link (use with default Sports Interactive patch, not our own) – FC Whizzkids Legends


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What is JotForm?
JotForm is a free online form builder which helps you create online forms without writing a single line of code. No sign-up required.
At JotForm, we want to make sure that you're getting the online form builder help that you need. Our friendly customer support team is available 24/7.
We believe that if one user has a question, there could be more users who may have the same question. This is why many of our support forum threads are public and available to be searched and viewed. If you'd like help immediately, feel free to search for a similar question, or submit your question or concern.
JotForm Support
Unfortunately we do not have Integration with iContact as of this time. However, this has been on our feature request list so hopefully our team will consider this for implementation in the future. Since we can not provide any ETA on this, you may try other email marketing services integrations we may have like MailChimp, Constant Contact, Aweber and Campaign Monitor.
JotForm Founder
Update: We have just integrated with iContact. You can now send data from your forms to your iContact email lists.


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Understanding the Game of Rugby
Rugby, at present, is one of the most exciting contact sports. Rugby combines football and soccer in that it is a hard-hitting physical game like football, and a game of speed and movement, like soccer.
The ball used in rugby are almost the same as a football in terms of size and shape. Comparing the size of rugby balls and footballs, one can say that a rugby ball is larger than a football. The modern version of the rugby balls have no laces. There are mandatory and options personal equipment that a rugby player need like a mouthpiece, which is mandatory, and a soft-padded head gear, which is optional.
Rugby is played on a large playing field called the 'pitch.' This is a large grassy surface which measure 100 meters long and 70 meters wide. There are uprights positioned on every end of the rugby field. The goal area is behind the uprights. The minimum depth of the goal area is 10 meters but it is often 22 meters.
Two teams are represented in the pitch who will play the game. Each team fields in fifteen players for the game. The packs and the backs makes up a team. The jersey number of pack players are from one to eight. Pack players are made up of the larger, more physical players. The backs have jersey numbers from nine to fifteen, and made up of the fastest players.
Teams' objective is to score a 'try' or a goal. You can achieve a try by touching the ball down inside your opponent's end zone. There is no particular player that can carry the ball to the zone to make a score. If you make a try, 5 points is awarded to you. A conversion kick is then awarded to a player who makes a try. IF he is successful with his kick, 2 more points are added to the score.
A 'drop goal' is another way of scoring. A drop goal is rewarded with three points. If the ball is kicked through the uprights of the opposing team then you have a drop goal. To make a drop goal the ball should make contact with the ground first before you kick it.
If there are fouls on players, penalty kicks are also granted. Penalty kicks are worth 3 points. A penalty kick is taken where the foul was committed behind the 22 meter line.
Rugby these days is already being played at different professional levels. Cities have their own rugby teams, similar to pro football teams in different states. International levels of rugby games are already becoming the most popular of all. What makes up an international team are players from city teams in different countries. Today, international rugby games are getting more popular.
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text: They were four good moves...are we talking from hindsight? And more importantly, are they smart moves (cheap vet depth with Mincey, McClain and Weeden) or just the only moves we could make? Same with Melton....while everyone here is overjoyed to get him(me included) the fact is the same deal was offered to other teams and no one else bit. So are we applauding the Cowboys for circumstance? Or was there really some shrewd manuevering by the team? I like the fact that we have added some younger bodies while keeping an eye on the future. I WANT to believe it is a sign that we are making some internal changes but only time is going to tell.


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Question: In Connecticut v Teal the Supreme Court ruled that even
In Connecticut v. Teal, the Supreme Court ruled that even though disparate impact was not shown in the employment decision numbers, an employer may still be found guilty of discrimination. Should this be allowed? What are your concerns as an employer in light of this decision? How can you ensure your employment practices are nondiscriminatory?
View Solution:
View Solution:
Answer to relevant QuestionsExplain how severance pay can result in exposing the employer to a discrimination suit. Explain why a question might be innocent and legal but viewed as inappropriate to others? Suppose you are an HR manager tasked with drafting a drug policy. What would you include in the policy and what guidelines would you follow? Under what circumstances can compensatory time off be used? What steps should an employer follow in a harassment investigation?
Post your question


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Jodi Smith
- Boy, 4, nearly dies after taking golf ball to the headwsfa.com
- D6 Ga. cops shot in 6 days, as police deaths soar nationallyDaily News
- The Latest: 2nd Georgia officer dies day after being shotdecaturdaily.com
- The Latest: 2 officers shot in Georgia were lifelong friendsdothaneagle.com
- Police: Suspect in Georgia officer shootings is deadwhnt.com
- Reward for info in Ga. officer shooting raised to $50,000The Vindicator
- D$50,000 reward for capture of Ga. man who killed police officerDaily News
- NManhunt After 1 Officer Killed, 1 Wounded in Ga. Shootingnbcconnecticut.com
- Reward for info in officer shooting raised to $50,000seattletimes.com
- Police Officer Reportedly Killed in Shootout in US State of GeorgiaSputnik (EN)
- The Latest: Reward boosted by $10,000 for suspect's locationThe Fresno Bee
- Officer wounded in Americus shooting makes it out of surgerywsfa.com
- EEstudiante detenido en la Unión Memorialesubulletin.com
Frequent names
Newstral's extraction of names of people and organisations from the world's news is completely automated. If you do not want your name to appear here, please contact us. We will be happy to look at your request.


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For the raw food traveler, those seeking a healthy eating option in Hollywood, or the adventurous eater curious to give raw food a go, LifeFood Organic can meet your needs.
There's a ton to do in Hollywood, but when it comes to organic, healthy eating I often find it challenging to find a place to eat in this area. About a 10 minute drive from the Hollywood Walk of Fame, down the street from IO West and the ArcLight Cinema and adjacent to Sweatheory (a cute sauna and shots shop that's too pricey for me), LifeFood Organic is truly a healthy option.
Custom make your smoothie by choosing your favorite 3 ingredients, try their Cold & Flu: Wellness Shot + Oregano Oil if you feel like your immunity is low, or grab a raw meal and gluten free dessert. There's plenty of options including tonics, elixirs, and supplements.
There are a few tables available for seating; you can also sit at Sweatheory next door. If you're traveling solo and are in need of something to read they have free yoga and health magazines.
Pricey, but healthy. Check out their website for details about the benefits of a raw food diet.
There's also a second location in Santa Monica at 306 Pico Blvd.


text:
- Description
You can have an industrial look in your home office with this stunning desk. The piece carries an antique nutmeg finish with black metal accents. Plus, the four drawers are great for keeping pens, papers and other various office supplies. There will be so much to like with this industrial desk.
1 Office Desk.
63" x 28.75" x 30.5"H
More from this collection: Desks
- Additional Information
Additional Information
SKU 12602945 GTIN N/A Collection Desks Assemble Length 63 Assemble Width 28.75 Assemble Height 30.5 Assembly Required Yes Material No Finish Champagne Styles Casual Shipping Time 1-2 Weeks Free Shipping Yes
- Reviews
Disclaimer: Pictures displayed may include optional products not included in the price. Computer monitors often display color variations. Color swatches are shown if alternative colors are available. Please call us or email us if you have any questions!


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Thai Stuffed Spicy Oranges (Ma Gur)
Recipe by MarraMamba
This is so good with the spicy pork/shrimp mix inside orange segments. I have also just stuffed into hollowed oranges but this really is a great mix of sweet and spicy. A great appetizer or finger food.
Top Review by Starrynews
Delicious! The combination of sweet, spicy, and salty was fantastic. It was pretty easy to make and well worth the time. I arranged the oranges to look like the petals of flowers before serving... it was so pretty with the green of the cilantro, the orange, and the red chili pepper! Thank you for sharing a keeper.
See Discussion:1 Review
Ingredients Nutrition
- 1 -2 medium orange
- 150 g ground pork
- 50 g shrimp (Mince)
- 10 g chopped coriander leaves
- 1⁄4 teaspoon salt
- 1⁄4 teaspoon sugar
- 1 tablespoon light soy sauce
- 1⁄4 teaspoon white pepper
- 2 garlic cloves, chopped
- 2 red chili peppers, finely sliced
Directions See How It's Made
- Fry the pork mince, until no longer pink, add garlic to the frying pan and fry for 30 seconds more.
- Add all the rest of the ingredients except the oranges and fry for a further 1 minute.
- Peel and segment the oranges, cut down the back of each segment and fill with the mince. Place some of the sliced chili's on top of the mince. (or alternatively cook them with the pork).
- Grate some of the orange peel, and slice some chillies finely and garnish.


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Reader Reviews
"A Great how-to for Getting the Most Out of Life!"
This book is what anyone who is trying to figure out what to do w/ his/her life, needs to read. It is an easy to follow guide for finding happiness and life's purpose. Each chapter is filled w/ exercises to complete, graphs and charts to fill out, thought provoking questions ~ all designed to guide one on one's journey to becoming one's authentic self. Scott's life ~ as outlined in the book ~ is a perfect example of why his plan will work for you. If you think something is missing, feel unfilled, know you could be happier, this book is for you. Everything you need is here, as well as great resources. Plus, there are numerous examples of how others have also found happiness in their lives. It is all very motivating, stimulating, and designed to help you on your way in life. I highly recommend it.
Connie Sullivan, San Diego, CA
"Important Book – Find and Live Your Passion"
Scott is an amazing person that has decided despite life's obstacles to live his passion. I am proud to be one of the stories. When I decided to create TecAccess - for some odd reason - I thought the world would throw open their arms and support us. Well it was a little more difficult than that but the rough path has been laid with blessings and miracles. This is a wonderful book and we are blessed to be part of it. Debra
Debra Ruh, Richmond, Virginia
"Short, Sweet and Powerful Stuff!"
Live your Passion is a game changer. And it's written by a writer who has walked the walk. I have read a lot of self-help books but this one I'd like to keep in my back pocket. It has not only shown me how to discover my passion but also showed me how to make it happen. If you're looking for a book that's easy and fun to read that actually offers some real steps to improve your life, this is the book for you. I'd write more but I have things to make happen. Thanks Scott!
Paul from NH
"Take the Journey"
Scott has 'lived his passion' in the writing of this book. You will find not only words of inspiration and support, but this little guide is a great interactive experience. There are pages where you will be encouraged to write notes, thoughts and ideas about your dreams and goals. He makes it fun and motivates you to think about where you are in your life now, and where you want to be tomorrow and in the future. I bought Scott's book in October, 2010, and I've made definite changes in my life since then. I use the book as a daily journal, filling the borders with notes. At first, my notes were not so happy, and I will say I whined a lot. It's interesting to see how the mood of my notes improves as time goes by. Scott's words help me navigate the rough spots. I've become a happier, more positive person because I know that I CAN live my passion. As you use this book you'll be charting your own journey to reach the final destination of Living Your Passion. Go for IT.
Seaside DEE, Tucson, Az
"A Guide to Living Life to the Fullest"
This book is wonderful. Well written by some one who has been there, you will find the concepts easy to understand, and very helpful. He will take you by the hand with his words and lead you chapter by chapter down the path to your own happiness and fulfillment. If you just can't seem to get past a setback or seem to be "stuck" in your life or career, this book may just be the much needed guide to lead you where you long to go.
Stormy Raine
"Life's Little Instruction Manual"
I was excited to read this book and Scott did not disappoint! He is spot on with his advice on how to live a fulfilling life. Best of all, Scott has lived this journey and speaks from what truly worked for him. The book itself is an easy read and it is up to readers to put the practical advice into action- This book includes all the tools needed to truly live one's passion! This is not your typical self-help book but truly what I would consider Life's little instruction manual!
Tina LaBonte, Bristol, NH
"Rev Up Your Passion!"
I just finished reading this book, "Live Your Passion", and all I can say is, "WOW!!!", because it is so inspiring and a fabulous guide for living one's passion. It helped me to reconnect with my near-dead passion (I am recovering from a severe burn-out) and remember many things about myself that I had lost touch with, as well as learn new ways to live my passion. I was once "on fire" - well, for many years, I was. I want to be in that mindset again and this book has already helped me with getting back there. I would highly recommend this book, which I feel is appropriate for anyone, regardless of where they are on life's journey, their age, background, etc. It is easy to see that the author, Scott D. Trudo, is heartfelt and genuine. His life story is proof of his ability to conquer anything and live his passion; his book will help you to do the same.
Bridget Siljander, Minnesota
"Practical Inspiration!"
Scott Trudo's book offers tons of relevant advice and helpful tools. It offers positive advice and easy to use activities that help you ask and answer meaningful questions. The interactive nature of the book helps you break down big decisions into small, easy to figure out steps. It's a great resource for career changers or anyone simply looking to add more meaning to their life!
"Loved This Book!"
This book will help so many people find or rediscover what's important to them and give them the tools to gor for it. What a gift! It's made me rethink my priorities and goals, and my daughter is now doing the exercises to help her plan her college journey. Thank you, Scott, for writing a book that comes from the heart, is easy to read and will do so much good.
Scott Trudo is a living example! Mr. Trudo exemplifies this notion of finding and creating your own happiness. Further, his passion is helping the rest of us find our own happiness and passion in life! "Live Your Passion" has been sincerely written to share the successful practices and traits that will assist each of us in finding our happiness and that which inspires passion in us! Thank you, Scott for sharing your good news!
Scott is caring, energized and people oriented! His book, Live Your Passion, is the most inspirational I have ever read!
I've now read this book twice and it's awesome. I love the step by step exercises that really help you figure where you are in your life, what's not working and where you want to be. Thanks for writing this book!
Karen Hinch
"Passionate Look at Life"
Having recently graduated college, this book helped me gain some perspective on my future. Clearly written, approachable in style, and inspiring to read. Highly recommended to anyone who wants to gain wisdom or plan for the future. Well worth the read.
Andy, NH


text:
Tutustu kiinnostaviin ideoihin!
I LOVE pearl tile! Lots of gorgeous tile ideas for kitchen back splashes, master bathrooms, small bathrooms, patios, tub surrounds, or any room of the house!
These diamond shaped ice cubes that will gussy up any drink. | 21 Things You'll Want If You Love Being Fancy
We hope you love the products we recommend! Just so you know, BuzzFeed may collect a share of sales from the links on this page.
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Waffle Griddle : IF you love waffles then this is the machine that you should be looking to get. It makes handy little waffles that wont overload you with calories and just look cool. www.twokitchenjunkies.com
I LOVE this kitchen collection - its all about AQUA! Such a great kitchen collection - I want everything!
The Pioneer Woman Flea Market 6-Drawer Spice/Tea Box - Walmart.com


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College Girl Jacket
$ 48.99
$ 52.00
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- Not sure how this style will look on you? Just ask us! Email us with your questions about the cut, color or style, at firstname.lastname@example.com. We love to hear from our customers!


text:
Editor's comment
The shocking figures on probationer employment, revealed in this week's TESS, should be a wake-up call for professionals and politicians alike. The downward trend has been evident for some time, but the triple- whammy of the credit crunch, the consequent squeeze on council budgets and the removal of ring-fenced protection around those budgets is making a bad situation immeasurably worse.
It is not just the reality that fewer teachers than ever are getting permanent posts, it is the scale of the problem which is so stark. The fact that the largest council in Scotland has not yet been able to find a single permanent post, or even supply work, for a post-probationer is indeed alarming.
Now, of course, the Government will seek comfort in the arguments that more new teachers will get jobs as the session moves on and that, indeed, it would be undesirable for everyone to be employed immediately since it would leave schools struggling to fill vacancies as they arise. Both of these assertions are undoubtedly true, but the fact remains that we have moved from one in three probationers getting permanent jobs in 2007 to one in seven now.
We are also told that concentrating on permanent jobs is a mistake, because different kinds of posts are required. Nonetheless, we have reached the situation where as many probationers are on supply lists as have found permanent posts. And the relevant word there is "lists": the supply figures reflect those available for work, not necessarily in work. It would be the ultimate irony if the induction scheme, partly introduced to guarantee probationers a training year, simply ended up postponing the supply merry-go-round by a year.
It seems the best hope is that the old will retire to make way for the young, and that the credit crunch will end soon. Meantime, the current group of newly-qualified teachers will feel seriously short-changed.


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April 16, 2014
LARAMIE, Wyo. -
Universal Sports Network | Flowrestling coverage
There's a lot at stake this weekend for two University of Wyoming wrestling coaches, as both Clayton Foster and Chris Pendleton will head to the ASICS Las Vegas/Open Wrestling Championships.
The Open Championships begin Wednesday and run through Saturday in the Las Vegas Convention Center. The top seven finishers in each of the six Olympic weight classes will qualify for the U.S. World Team Trials on May 30-June 1 in Madison, Wis. On Friday, the senior semifinals will be contested starting at approximately 8 p.m. MT. On Saturday, the championship finals take place in the Golden Circle, starting at about 8 p.m. MT.
Foster, wrestling in association with GRIT Athletics and the Wyoming Wrestling Regional Training Center, will compete as the No. 2 seed in the 86-kilogram (189 pounds) senior freestyle portion of the Open Championships. A volunteer assistant coach with UW, he finished as the runner-up in last year's event in the 84-kilogram (185 pounds) challenge bracket. He earned his first National Team honor by finishing second in the 2013 World Team Trials, which took place in June 2013.
In his most recent action, he won four matches en route to earning a gold medal in the World Cup on March 16. Foster defeated two high-profile opponents in Team USA's duals, including wins over an Olympic bronze medalist for Iran and a two-time World Champion for Ukraine.
Pendleton (Titan Mercury Wrestling Club) completed his fourth full season as an assistant coach with Wyoming wrestling in 2013-14. Seeded third, he'll battle the senior freestyle field in the 97-kilogram (213 pounds) class this season after finishing as the runner-up in the 96-kilogram (211.5 pound) weight class in last season's Open. He became a U.S. National Team member for the third time with a second-place finish at the 2013 World Team Trials in June 2013.
In his last outing, Pendleton went 2-2 at the Dave Schultz Memorial International wrestling tournament Jan. 31. Pendleton just missed out on placing in the 97-kilogram division with two wins. He began with a pin in 1:33 in his first match and a forfeit victory in the quarterfinals.
The Senior Open will have live national television coverage on the Universal Sports Network for both the semifinal and finals rounds. On Friday, the live semifinals show will start at 8 p.m. MT. On Saturday, coverage of the senior finals will start at 8 p.m. MT. Universal Sports will be available nationwide via free preview on all of its distribution partners from April 14-21.
The full Open lineup includes 28 mats available during four days of competition, featuring kids, cadets, the Western junior regionals, ASICS Junior National Championships, senior and veterans national championships.
ASICS Junior National Championships
In addition to Foster and Pendleton, seven Cowboys will compete in the ASICS Junior National Championships portion of the event. Geared toward athletes ages 17-20, the freestyle event features some of the best young talent in the nation. Matches begin Friday and conclude Saturday.
Six true freshman competitors for UW will hit the mats, including Archie Colgan, Zach Beard, Chaz Polson, Kyle Pope, Luke Paine and Davin Addison. Cole Mendenhall, UW's starter at 141 pounds last season as a redshirt freshman, will compete as well.


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Having a partner with ejaculation problems is the best thing that ever happened to my sex life. He's the love of my life and a passionate Duracell bunny of a lover who just keeps going until I'm satisfied, and (obviously, right?) I have no problems with my man's inability to cum.
But while… READ MORE »


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2011 Review and 2012 Goals
It's that time of year to do some looking back and looking forward. 2011 feels like a blur, but don't they all? I had to stop for a minute and consider what I actually got done this year, but really, I got A LOT done! January was mostly spent arranging my wedding. We only spent […]


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Unidentified Man #2: I believe in figuring out my own way to confess.
Unidentified Woman #2: I believe in the power of numbers.
Unidentified Man #2: I believe in barbecue.
Unidentified Woman #3: Well, I believe in friendliness.
Unidentified Man #3: I believe in mankind.
Unidentified Man #4: This, I believe.
STEVE INSKEEP, host:
Which is the name of the series we bring you every Monday.
And our essay today comes from listener Christine Cleary, who lives in Cambridge, Massachusetts with her two daughters. Cleary works at the Dana-Farber Cancer Institute where she helps patients and families write about their experiences.
Here's our series curator, Jay Allison.
JAY ALLISON: Through her work, Christine Cleary knows that loss create a context where belief becomes especially important. She knows that it is from her own personal experience, too, having faced the death of her husband from cancer and of her mother, who suffered from Alzheimer's. Enduring these events at the same time illuminated her belief.
Here is Christine Cleary with her essay for, This, I Believe.
Ms. CHRISTINE CLEARY (Communications Manager, Dana-Farber Cancer Institute): I believe that memory is never lost, even when it seems to be, because it has more to do with the heart than the mind.
At the same time my 44-year-old husband, Ed, was losing his life, my mother was losing her ability to remember. As Ed's lungs filled with cancer, Mom's brain was becoming tangled in plaque. She forgot how to start the car, whether or not she had eaten, and which family members had died — including my father.
I became afraid that one day I, too, would be unable to recall my husband, not because of Alzheimer's, but simply because my memory of him might fade. So from the day of Ed's diagnosis until his death a year later, I set out to memorize him: his crooked smile and vigorous embrace, his woodsy smell and the way he cleared his throat when he reached the top of the stairs. I knew I'd always be able to recite his qualities — kind, gentle, smart, funny — but I wanted to be able to conjure up the physical man in my mind, as fully as possible, when he was gone.
Back then, I thought memory was a deliberate, cognitive process, like remembering multiplication tables, or lyrics, or where the keys were. Unable to rescue Ed from cancer, I was determined to save him from the only thing worse than dying: being forgotten.
Later I learned that memory has a will of its own. You can't control it any more that you can influence the weather. When it springs up, a person, loved and lost, is found - if only for a few seconds.
Recently when I was driving, I had a deep and sudden sense of Ed and the way it felt to have him next to me in the car. My body softened as it used to when we were together seven years ago, living a shared life. I wasn't remembering his face or the way he walked; the careful details I had stored had nothing to do with this moment in the car. Looking in the rearview mirror, I recognized in my own face the same look I once saw on my mother's face in the nursing home. I had asked her a question about my father, and she became confused about his identity. Yet, as she sat there, dressed in a shapeless polyester outfit, she briefly appeared young and radiant, her face filled with love and her eyes misty. Her brain couldn't label the man correctly, but that wasn't important. It was clear to me that her husband was vivid in her heart, a memory even Alzheimer's could not crush.
I believe there is a difference between memory and remembering. Remembering has to do with turning the oven off before leaving the house, but memory is nurtured by emotion. It springs from a deeper well, safe from dementia and the passage of time.
ALLISON: Christine Cleary with her essay for This I Believe. Cleary said that she did not fully understand what she learned from her experience until she sat down to write about it. If you would like to write for our series, please visit our Web site at npr.org.
For This I Believe, I'm Jay Allison.
Copyright © 2007 NPR. All rights reserved. Visit our website terms of use and permissions pages at www.npr.org for further information.
NPR transcripts are created on a rush deadline by Verb8tm, Inc., an NPR contractor, and produced using a proprietary transcription process developed with NPR. This text may not be in its final form and may be updated or revised in the future. Accuracy and availability may vary. The authoritative record of NPR's programming is the audio record.


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- Description
This caddy will be convenient for you to deliver the great amount of chairs from one place to another place.Includes
With four casters, this caddy is free to drive.
Enough space to store the chairs.
1 CaddyDimensions
Caddy, 18.8"W x 34.4"D x 74.8"H
More from this collection: TC Collection
- Additional Information
Additional Information
SKU 26100814 MPN TC103 GTIN UPC 090234214045 Brand Office Star Collection TC Collection Assemble Length 34.4 Assemble Width 18.8 Assemble Height 74.8 Assembly Required Yes Material Metal Finish No Styles Contemporary Shipping Time 1-2 Weeks Free Shipping Yes
- Reviews
Disclaimer: Pictures displayed may include optional products not included in the price. Computer monitors often display color variations. Color swatches are shown if alternative colors are available. Please call us or email us if you have any questions!


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Electro-Static Shields are a type of force field.
Nature Edit
Electro-Static Shield, work by generating static fields, these em fields can stop charge particles, like those typically emitted by energy weapons like blasters, Plasma weapons or lasers. In atmosphere environments, they can stop physical objects by binding the air particles together, stopping sonic weapons.
Despite the variability, they cannot extend beyond a certain distance. Often being used only to block door or hallways.
Appearance Edit
Thought the design may vary, they are commonly emitted from a dome shaped object(s)


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Thinking of most stylish and bold female characters in video games ever, it's true that we love video games, like our every other favorite interest, and unarguably, the characters are always unforgettable as each game gives a different feel and adrenaline rush, which is just amazing! The game characters are, without any question, most essential part of the video games which is the core reason for their unending popularity. They influence us in many ways and if it comes to the female ones? Female characters in video games have been depicted in many different forms, and most of them are awesome-looking regarding cold looks no doubt. Some are way better regarding style statement and the final appearance! Have a look at some of the best and dynamically awesome looking female game characters.
1. Lara Croft (Tomb Raider Reboot Series)
Lara Croft in Tomb Raider reboot franchise was so catchy with all toughness and hardcore attire, like a real fighter!
Lara Croft is damn gorgeous. Well, you can't put it in other words. Since the release of the reboot franchise, in 2013, the attraction for Lara has only got unprecedentedly high. But apart from being extremely impressive by looks, she is also remarkable in her costumes. In the re-energized Tomb Raider game, she can be seen as a toughened and hard-core survivor who fights it all to seek out dark and hidden secrets. In earlier versions of Tomb Raider too, she was, no doubt, unexpectedly beautiful and superb in appearances, but there, she was depicted more as a desirable object than a character. And it was noticeable from every angle! The reboot series, on the other hand, gave Lara Croft, that entire identity as a figure of smartness and awesomeness, simultaneously. She can be termed as the leader of having a 'supreme personality' among digital females.
2. Lightning aka Claire Farron (Final Fantasy Series)
Lightning aka Claire Farron as the character in Final Fantasy XIII-2 game.
She can be termed as a trendsetter regarding her killing appearance and get-up. There's more to her than being just a nice-looking girl. She is wise and capable of using every kind of art in fighting hard battles. Before the Final Fantasy XIII-2, she was a nobody, being a not-so-important one, in the character list. But then, it was like a resurrection for her as, the 'Lightning Returns,' proved to be a benchmark game for all the gamers out there and also solidified the craze of Lightning, being bold, intelligent and beautiful.
3. Triss Merigold (The Witcher Series)
Triss Merigold is a fascinating and inevitable part of the Witcher series.
Too sexy for a game character like her! Yeah, it's extreme, but that's true when it comes to Triss Merigold, the most fantabulous female of the Witcher game series. The game itself is an amazing one, but it's got some of the most amazingly looking characters regarding visual styles. And Triss has got that with appropriateness and in right proportions. She assists the protagonist of the game in his every fatal encounter with evil spirits, and yes, she is his love interest too! You can keep staring her with your eyes being opened all wide! Though, being an integral part of the game's story, she has been depicted in some of the intimate scenes, at times, in few of the game moments. Well, it wasn't required, that much, as she is already so adorable and laudable than having been overly sexualized.
4. Tifa Lockhart (Final Fantasy Series)
Tifa Lockhart is equipped with everything, needed for a full-on combat fighter.
Another damn gorgeous figure in the Final Fantasy Series! Tifa Lockhart is supremely talented and can do anything. By that I mean, she can do anything to outsmart her enemies with high capabilities. Don't get it otherwise. She first came on the scene in 1997 in the Final Fantasy Game VII. Her appearance reminds you of a robust and stiff soldier who stops at nothing, to achieve, what is to be achieved. The styling of her costume is done brilliantly and never bores you with her variations. Thankfully, it's a game character! If real, then definitely she would have been my crush!
5. Commander Master Shepard (Mass Effect Series)
Commander Shepard of Mass Effect series was believed to be a male. But after a disclosure by a developer of the game, in 2015, it was clarified that it was a woman!
The armored look of the famous Commander Shepard in Mass Effect series is pure genius. There is something to her appearance that keeps you engaged in the game's story and also in her too. But purely, as a gamer and nothing more than that. Earlier, many users and people were ignorant of the fact, that the ultimate protagonist of the game's franchise was a female, instead of a male! But, after a former developer came out to clarify on this, then it was justified thoroughly; that it had to be her only, rather than a rough-tough looking male counterpart. No matter, the game is liked by everyone who likes Commander Shepard.
6. Ciri Female Character (The Witcher Series)
Ciri is an understated character, yet an important part of the Witcher series. You can't skip her.
The Witcher game series is known for high-intensity action and also some highly-intensified sequences involving unusual activities by different characters. I won't go into details here, as more important is the character, than the scenes. Ciri has looks that can turn heads like anything unique in itself. Ignoring her becomes a difficult task when it comes to the particular personality and the clothing. She is styled good, keeping in mind the right things for what to look for and what not to. And I am glad; they skipped her part of showing what wasn't required. Having just a glance at her, can make you tilted-surprisingly and in a manner of liking for her. Hats off to the makers of the game and the character designer for Ciri, obviously.


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Prism (Medium Globe)
$ 140.00
The gorgeous mosaic on this globe elegantly blends the color of the rainbow to create a mesmerizing, prismatic effect. Whether it becomes the pop of color in a tradition Moroccan style room or an accent piece in a Boho chic interior, its hypnotic play of color and shadow is sure to delight.
Note: This mosaic globe (6.5" diameter) is perfect for sitting rooms, bedside tables and dining rooms.
In creating these beautiful accent pieces, our artisans are unique in their use of only strikingly clear and luminous glass from the Czech Republic, and in their careful selection of patterns and colors designed to cast beautiful shadows. The end result is an exquisite handcrafted piece of art that will complement nearly any interior design with its brilliance and sparkle. The luminous mosaic globe is suspended on an elegant brass frame.
Our lamps are easy to clean and dust—simply wipe with a damp cloth.
Dimensions: 18" high, 5.5" square base frame supports a 6.5" diameter, 3.5" tall mosaic globe.Maximum wattage: 15 watts. Chandelier/candelabra base (E12) LED or incandescent bulb. One (1) 7 watt incandescent bulb included. We recommend a 7.5 watt warm white LED bulb for bright light (60 watt incandescent equivalent) or a 15 watt incandescent bulb for a warm look.


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To learn more about Surrey and what we offer, sign up to a webinar.
Our MSc in Advanced Geotechnical Engineering is a European-Accredited Engineering Master Degree programme.
It will give you the skills you need to address real-world ground engineering problems and the technological challenges faced every day by the geotechnical engineering profession.
The Advanced Geotechnical Engineering MSc will nurture and develop your understanding of the principles and theories behind ground engineering.
Topics include deep foundations in urban areas, tunnelling, foundations for energy infrastructure, deep water energy resources exploration and field monitoring.
During your studies you will have the opportunity to apply the knowledge and practical understanding of scientific methodology you have acquired on a research project under the guidance and advice of an experienced supervisor.
This will help you develop the skills to acquire, analyse, and critically evaluate data, and then draw valid, defendable conclusions that can withstand professional scrutiny.
Graduates are highly employable, and may progress to relevant specialist PhD or EngD research programmes in the field.
This programme is studied over one academic year (full-time) and between two and five academic years (part-time or distance learning). It consists of eight taught modules and a dissertation.
On successful completion of this MSc programme students will be deemed to have completed the further learning necessary to combine with a suitable BEng (Hons) degree fulfilling the academic base for the professional qualification of Chartered Engineer.
The following modules are indicative, reflecting the information available at the time of publication. Please note that not all modules described are compulsory and may be subject to teaching availability and/or student demand.
Students must choose eight modules from those listed above. For the main and subsidiary awards there are restrictions on the choice of modules within each module group. These are outlined in the table above.
The programme aims to provide graduates with:
The programme provides opportunities for students to develop and demonstrate knowledge and understanding, skills, qualities and other attributes in the following areas:
Upon completing the Programme students will have:
Upon completing this programme students will have:
Upon completing this programme students will have:
Upon completing this programme students will have:
We often give our students the opportunity to acquire international experience during their degrees by taking advantage of our exchange agreements with overseas universities.
In addition to the hugely enjoyable and satisfying experience, time spent abroad adds a distinctive element to your CV.
Learn more about opportunities that might be available for this particular programme by using our student exchanges search tool.
Modules are taught by academic members in the geotechnical area, and some lectures for the Advanced Geotechnical Engineering MSc will be delivered by visiting academics and practicing engineers from industry.
You will also be allocated a personal tutor to guide you during your time with us at the University. You can expect a varied, stimulating and rewarding time here and will receive all the support you need to progress your learning.
In addition to the University Library and Learning Centre's extensive resources, our excellent testing facilities can support experimentally based MSc dissertation projects.
This programme can be studied via distance learning, which allows a high level of flexibility and enables you to study alongside other commitments you may have.
Learn more about our distance learning programme (PDF).
A prize of £1,000, sponsored by VJ Tech, one of the world's top geotechnical engineering manufacturers specialising in advanced soil testing equipment for labs.
The prize will be awarded to the best performing student(s) on the MSc Advanced Geotechnical Engineering based on module results and overall performance during the programme.
The £1,000 may be awarded to an individual student or split between two students displaying the best performance in their MSc programme.
A prize of £500 sponsored by Keller Group plc, the world's largest independent ground engineering contractor.
The prize will be awarded to the student(s) with the best MSc Dissertation completed as part of the MSc Advanced Geotechnical Engineering, as defined by the course leader according to the module results and potential impact of the output of the individual project.
The £500 may be awarded to an individual student or split between a number of students displaying the best performance in their MSc Dissertations.
|Study mode
|Start date
|UK/EU fees
|Overseas fees
|Sep 2017
|Sep 2017
|Sep 2017
|Feb 2018
|Feb 2018
|Feb 2018
Please note these fees are for the academic year 2017/2018 only. Annual fees will rise by four per cent (rounded up to the nearest £100) for each year of study.


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Why is that?
Why do you girls do that? What's the point?
Girls looking at me from a distance and then don't pay attention to me when I'm near them?
Why is that?
Have an opinion?
What Girls Said 2
They could be shy. From a distance, it won't be as obvious that she's staring at you as If she were next to you. If a guy makes me nervous I probably won't pay much attention to him if I was near him. If I was on the other side of the room or something, I'd look. :D00|00|0
haha :D sometimes girls act that way to provoke you , to make you want her more , Idon't know if it works every time or not , but I remember did that with some guy and it worked :D although we broke up after 6 years :D00|00|0
So you would pretty much agree with this "If a girl is staring at you but then doesn't pay attention to you once you're right near her, then she's waiting for you to "make the first move" and it's up to you to take it or leave it."?
And I've noticed this a lot for my self - you girls really don't like making eye contact with us guys when we are close to you, do you ?
ya she's waiting for you to make the first move :D I think she likes you :D
and about " the eye contact " thing , that's true :D because my eyes tell a lot :D
This is my general observation over few months in my college (so no girl in particular); sadly very few girls have the balls to give me eye contact up close. And sadly I have no idea what to say to break the ice :) I'm a good looking shy guy, so that's my problem in a nutshell :) But seems that many body language books have way too much importance on eye contact, as that is mostly given out from you girls from far away :/
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How do we stifle Dad's friendship with someone who may be exploiting him?
My father attends a senior center in Ft Lauderdale three times a week. He has made a few friends there but recently a woman has been making demands on his time-when we ask my father about this woman he is vague and tells us they are just friends. Now we found out that they are going somewhere on Monday-these plans do not include them attending the classes and programs at the senior center nor is this a sponsored field trip. My father will not tell us what he is doing or where they are going that day.
We are worried only because she mentioned to my father that she is at risk of being deported and needs his help to avoid this. If this help she seeks is financial he won't say. My father was declared incompetent three years ago and has been preyed upon three times financially, once successfully. We have taken steps and canceled his credit card but he still has access to his checking and money market account. My sister looks out for his finances and pays his day to day bills.
Outside of going to court and hiring an attorney, what is the best option to handle this situation? Again, it could be totally innocent but my dad's caginess when we ask him his plans is putting us on edge to be alert to every possibility, and his past history is worrisome. We are talking to him again but in case he don't get a satisfactory answer we will have to take action.
Thanks for your help
Expert Answers
Dear Walterrob: You are right to be concerned about protecting your parent from a scamming friend. The key to your question is that your father was declared incompetent 3 years ago. He has already been victimized three times in the past. Given this, it is hard to imagine how your family has allowed him to continue to have access to his money market and checking accounts. This must stop immediately! I hope that one of you obtained his signature on a durable power of attorney before he became incompetent. If so, exercise your authority and cut off his access to those accounts right away. If you and your father all failed to plan ahead, as is unfortunately common, you have no choice now but to go forward with a guardianship, also called a conservatorship in my state of CA. The court will then give you authority that could otherwise have been gotten much less expensively by a durable power of attorney document.
The only alternative is to watch his cunning "friend" take advantage of him financially and in any other way she can. This is a highly dangerous situation for him. His "friend" may be desperate. Your father may be lonely and emotionally needy. This can be a tragic combination and he may unwittingly think he loves her and may want to give her all his money. As an attorney who works with elders and their families, I have certainly seen this kind of situation before. Based on that, I can only urge you to act immediately, and stop your father from being ripped off by continuing to permit him access to money when he is no longer competent to make financial decisions.
Because his is incompetent, he is also subject to manipulation, which his "friend" will use freely. You may be worried that your father will become angry with you. You may be afraid of "taking away his freedom". These are some of the excuses I've heard from family members when their elder is being taken advantage of while they stand around doing nothing. If he gets angry, it's too bad, but it's far better than permitting the crime of elder financial abuse to take place while you watch. The same for taking away his freedom. Unfortunately, the disease process, dementia, or whatever condition caused him to become incompetent in the first place is what took away his freedom. Now you, as the adult children, must step up and assume responsibility for decisions your father is absolutely no longer safe to make. Take courage and do what you must to protect your father. It is your duty as family, and it's not optional unless you don't care what happens to his money. His financial safety is at stake.
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Important: It is our goal to provide you with a fantastic shopping experience. Please call ahead to confirm availability of an item before visiting your local Great Escape.
Wood: Select Hardwoods
Finish: Medium Oak Finish
Dimensions: N/A
Nylon Chair Guides
Saddle Shaped Seating
Turned Legs Add Visual Appeal
Standard shipping via common carrier is included in the quoted price. The estimated delivery time will be approximately 1-2 weeks from the time of order. Extraordinary delivery requirements may necessitate an additional fee. Delivery is not available to Puerto Rico, Alaska or Hawaii.
30" Oak Press Back Barstool
from Liberty Furniture
Please call for availability and ship times...many stools are Special Order
Retail Price: $159.00
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