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General terms and conditions
Terms of sale, delivery and payment of
Gebr. Kemper GmbH + Co. KG, Olpe
I. Applicable terms, contract conclusions
All orders are exclusively subject to the following terms. Any other terms and conditions are not valid even if we do not waive these explicitly and deliver without expressing reservations. By placing the order and/or accepting the delivery, the purchaser acknowledges acceptance of our terms of sale, delivery and payment.
An order becomes binding following our written confirmation or by commencement of the execution of the order. All agreements made between us and the purchaser concerning carrying out the contract shall be confirmed in writing in this contract. Any changes, amendments or other side agreement require our written confirmation.
II. Quotation, cost estimate, dimensions, weights, quantities
Our quotations as well as any prices and delivery terms quoted in our catalogues, leaflets, correspondence etc. are without commitment unless the order confirmation provides otherwise or we have specified otherwise in writing. Cost estimates are provided without obligation.
Any attached documents including pictures, drawings, weights and dimensions are approximate values as is customary in the industry unless identified as being binding. In particular for fittings we reserve the right to make variations in dimensions and materials. If flow capacities and resistance coefficients of our fittings are quoted in our catalogues, these values are provided only for the purpose of selecting the appropriate product and its size or to give an indication of the capacity of the pump to be installed.
The pressures and temperatures quoted in our tables only apply up to a nominal width of ND 80. Other pressures and temperatures require special designs which lead to price increases.
For special designs, the purchaser shall precisely specify the pressure, the liquid and the temperature.
We reserve the property rights and copyrights to pictures, leaflets, calculations and other documents; these must not be disclosed to third parties. This applies in particular to written documents, which are identified as "confidential" and prior to disclosing these to third parties, the purchaser must seek our explicit written approval.
Deviations of dimensions, weights and quantities, which are within normal commercial tolerances, and applicable DIN standards and which meet foundry requirements are permissible. Dimensions and weights specified in our quotations and order confirmations are not guaranteed.
Invoices are based on the delivery weights and quantities determined by us.
III. Prices, price revision
Our prices are in Euro on an ex works basis plus VAT at current rate, without packaging, freight, customs duty and insurance which are invoiced separately as applicable.
For all orders including make-and-take orders and contracts for delivery in instalments where the contract provides or the purchaser has specified that delivery or partial delivery takes place more than four months after order placement, we are entitled to make an extra charge for any material and wage increases which occur between the dates of contract conclusion and delivery to compensate for such increases.
Prices agreed for re-work orders are subject to the purchaser providing the required re-work material six weeks prior to the delivery date, carriage paid. Otherwise we may source the required material at the purchaser's expense at the price prevailing on the date of purchase.
IV. Delivery, packaging, cost, transfer of rist
Delivery is made at the purchaser's expense and risk. Unless otherwise agreed in writing, delivery is made "EXW" (Incoterms® 2020). This also applies if we have accepted to pay the carriage. Even in the case of carriage paid deliveries, we assume no liability for damage or loss occurring during transport. Unless otherwise agreed, we select the packaging material and the means of transport.
Goods for which readiness of despatch has been notified should be picked up immediately, otherwise we may at our discretion despatch them or store them at the purchaser's risk and for usual forwarding agents' costs. One week after commencement of storage, the goods shall be deemed to have been delivered. If despatch is delayed for reasons which are not attributable to us, the risk shall be transferred to the purchaser on the day of notification of readiness for despatch.
By delivering the goods to the railway terminal, the forwarding agent or the freight carrier, or one week after commencement of storage, however at the latest at the time of leaving the works or the warehouse, the risk shall be transferred to the purchaser, even if we have accepted to make delivery.
V. Terms of payment and consequences of non-compliance, offset
Our outstanding accounts are payable in the manner defined in the agreed terms of payment and the data quoted in the order confirmation, respectively. After the due date, we will charge interest at the rate of 8 percentage points (for private customers: 5 percentage points) p.a. above the applicable base rate.
In the absence of any special agreement or statement in the order confirmation, our outstanding accounts are payable net within 30 days of receipt of our invoice or similar list of accounts receivable free of postage and costs, however at the latest 30 days after the due date and receipt of the consideration. After that, we will charge interest at 8 percentage points (for private customers: 5 percentage points) p.a. above the applicable base rate
For bills and cheques, payment shall be deemed to have been made only after their encashment. Discounts and fees are at the purchaser's charge.
Bills and cheques are only accepted in lieu of payment; bills require a special agreement. Irrespective of the term of bills or any agreed deferment of payment, our outstanding accounts become due immediately if the purchaser fails to comply with our terms of payment or if we learn of circumstances which cast doubt on his or her creditworthiness. In such a case we are also entitled to make deliveries only against payment in advance, or against guarantees, or to withdraw from the contract after an adequate period of grace and/or to claim compensation.
The purchaser may only set off counterclaims against our accounts receivable, which are uncontested or legally enforceable.
VI. Terms of delivery and liability, obligation to accept blanket orders and make-and-take-orders, returns
The delivery period starts once all design details, in particular technical matters, have been clarified, both parties have agreed on all contractual terms and the purchaser has made any agreed down payment. The delivery date is deemed to have been met if the goods have left the works or the purchaser has been notified of their readiness for despatch at any time before the delivery date.
Unless otherwise agreed or otherwise provided for in the contract, our delivery terms are quoted without commitment.
If our delivery is not made in good time and is not made within a period of grace granted by the purchaser for reasons which are attributable to us, the purchaser may withdraw from the contract with respect to the ordered goods.
Any claims for damages due to late performance or non-performance of the contract is subject to the following: If we are in default due to slight negligence, the purchaser's claim for damages, which must be demonstrated, is limited to a compensation payment for late delivery of 0.5% per complete week of delay, up to a maximum of 5% of the invoice value of that part of the order which is subject to delay.
If the purchaser is entitled to damages instead of the goods, we shall, for sales to private customers (§ 13 BGB, German Civil Code) and in the event of infringement of the principal contract duty, be liable to damages also in the case of slight negligence; any claims shall be limited to compensation for any damage which was foreseeable at the time of contract conclusion. Sales to a corporate customer are subject to the same provision but claims are limited to fifty percent of the order value.
Acts of God or circumstances beyond our control (e.g., breakdown, strike) which impede punctual fulfilment of the order entitle us to be granted an appropriate period of delay for the fulfilment of our obligations or, if fulfilment has become impossible, to withdraw from the contract in whole or in part. The same applies if materials ordered from suppliers, which are needed for execution of the order, are not delivered or not delivered in good time for reasons beyond our control. A withdrawal from the contract requires that we inform the purchaser immediately of the lack of availability and refund any payments made by the purchaser without delay. Any claims for damages are excluded.
Partial deliveries up to 10% are permissible unless the purchaser has waived our right to make partial deliveries in the order.
If despatch is deferred at the purchaser's request, the purchaser will be invoiced for any storage costs starting one month from the date of notification of readiness for despatch; for storage in the supplier's works, at least 0.5% of the total invoice value of the goods concerned will be charged per month. The supplier may, after expiry of an adequate period without delivery taking place dispose otherwise of the delivered goods and may then supply the purchaser with an appropriately extended delay.
Any agreed delivery times and deadlines shall be extended or prolonged notwithstanding our rights in the event of a failure of the purchaser during the time that the purchaser is in default with his or her obligations. If the purchaser fails to make acceptance, unjustifiably or culpably infringes other obligations to co-operate, we may request compensation for damage incurred to us including any extra costs. In this case, the risk of accidental loss or accidental deterioration of the purchased goods shall be transferred to the purchaser at the point in time when he or she is in default of acceptance. In the event of a purchaser's default in acceptance, we may refuse to make further deliveries.
Blanket orders and make-and-take-orders must be called off within 8 months from the date of order confirmation. The delivery period must not exceed 3 months. If orders are not called off within the above stated period, we are entitled, after having granted a reasonable period of grace, to withdraw from the contract and to claim damages for non-performance.
Goods may only be returned by prior agreement. If goods are returned against credit note, a 20% handling fee will be deducted. If goods subject to retention of title are returned, we may request loss-of-use indemnification or compensation for depreciation of goods during the time of possession by the purchaser.
VII. Notice of defect, warranty claim, liability
Notwithstanding any other verification and notice obligations applicable to mutual commercial transactions (§ 377 HGB), the purchaser has to check delivered goods for obvious defects and notify us of any complaints resulting from such defects within a period of four weeks following receipt of goods (this also applies to incomplete or incorrect shipments). Defects which only become apparent later must be notified in writing within four weeks of their detection by the purchaser; otherwise the goods shall be deemed to have been accepted notwithstanding the obvious defects and the purchaser may not assert any rights against us. This does not apply in the event of a direct sale to a private customer.
In the event of justified notices of defects, we are obliged to provide free of charge rectification of the delivered goods or replacement at our discretion. When selling to private consumers whether directly, or through our follow-up contractor in the supply chain, the consumer or follow-up contractor is entitled to select either rectification or replacement. If rectification or replacement fails despite two attempts, or if we inappropriately refuse to provide rectification or replacement, or if we delay rectification or replacement in an unacceptable manner, the purchaser may claim a reduction in the sum payable or cancellation of the contract at his or her discretion.
Unless otherwise provided in paragraph VIII (Other liability), claims for damages are subject to the following conditions: For sales to private consumers, whether directly or through follow-up contractors, we shall be liable to pay compensation for damage in the case of an infringement of the principal duty under the contract even in the event of slight negligence; any claims shall be limited to compensation for any damage which was foreseeable at the time of contract conclusion unless we have fraudulently concealed the defect or have specifically guaranteed the condition of an item. Sales to corporate customers are subject to the same provisions but in such cases claims are limited to fifty percent of the value of the defective items. In this event, the first condition applies if a private consumer purchases the goods and asserts claims resulting from a breach of duty.
If a defect arises from the non-compliance with operating, maintenance or installation instructions, improper or incorrect use, defective or negligent handling by the purchaser, natural wear and tear or intervention in the delivered goods by the purchaser or by third parties, any claim for damage shall be excluded.
VIII. Other liability (disclaimer)
Except for the above claims resulting from delays and defects, no further liability is assumed unless damage is due to gross negligence on our part or intentional or is a grossly negligent breach of duty by our legal representatives or agents, or if damage results in loss of life, injury or impairment of health and is due to gross negligence on our part or intentional or a negligent breach of duty by our legal representatives or agents, or if the damage concerned is such that can usually and typically be insured by us covering third party liability under acceptable conditions.
This applies in particular to claims for damage resulting from faults prior to or at the time of entering into the contract, infringement of secondary obligations and claims resulting from illegal acts.
Claims based on the Product Liability Act (ProdHaftG) or on a guarantee shall remain unaffected.
IX. Limitation of time, terms
Claims resulting from paragraph VII clauses 1 and 2 shall lapse one year after delivery to the purchaser.
This provision shall not apply if longer periods are prescribed by law to cover the following:
- Intentional, fraudulent or grossly negligent breach of duty by us, our legal representatives or agents;
- Damage resulting in loss of life, injury or impairment to health which are due to negligence on our part or intentional or negligently breach of duty by our legal representatives or agents;
- Claims resulting from a guaranteed property of an item;
- Direct sales to a private consumer;
- If we are obliged to refund costs which the purchaser has to bear for a private consumer and/or follow-up contractor in the supply chain as a result of the sale of a new item under subsequent performance obligations (§ 478 Abs. 2 BGB);
- If items delivered by us have been used for a building in compliance with their standard pattern of use and have caused defects to such building, and the contract was not based on part B of the Verdingungsordnung für Bauleistungen (standard building contract terms).
For all cases, the statute of limitation shall commence in line with legal provisions. The legal provisions regarding suspension of expiry ("Ablaufhemmung"), suspension ("Hemmung") and recommencement of limitation periods remain unaffected. Claims based on the Product Liability Act (ProdHaftG) are subject to the legal limitation periods. The legal limitation periods also apply in the event of intentional or grossly negligent breach of duty.
If we are liable pursuant to paragraph VIII because damage is involved which can normally and typically be insured by us covering third party liability under acceptable conditions, the limitation period shall be 1 year.
X. Industrial property rights, dies, models and drawings
If delivery is made according to drawings or other specifications provided by the purchaser, he or she is responsible for its correctness and for non-infringement of third party industrial property rights; he or she shall indemnify us from any and all claims by any owner of industrial property rights.
Any tools, moulds, models and jigs, which are needed for production of the ordered goods, can be invoiced by us in whole or in part. They remain our property even if we have produced them for an order placed by the purchaser and/or the purchaser has paid them in whole or in part. If such items are produced according to specifications submitted by the purchaser, they are exclusively used for making deliveries to the purchaser as long as he or she complies with his or her acceptance and payment obligations and throughout the period of the business relationship.
The costs of maintenance, modification and use of models and dies including follow-on moulds shall be borne by the purchaser. If such models and moulds are provided by the purchaser, he or she shall be liable for the correct design from a casting perspective and for the suitability of the models and dies for the intended purpose. Except in the event of a written agreement, we are not obliged to check the compliance of dies provided with attached drawings. Any production equipment which is provided by the purchaser may be modified by us if we deem this to be necessary for technical reasons and if the workpiece is not affected thereby. Models, moulds, diecasting equipment and other materials, which are provided by the purchaser, will be stored by us with the required care. In the event of loss of these items, we do not assume any liability including liability for consequential damage unless we, our legal representative or agent are liable due to intentional, fraudulent or grossly negligent breach of duty.
The costs for modifications, maintenance and replacement of production equipment shall be borne by the purchaser.
Any drawings and documents delivered by us to the purchaser must not be disclosed to third parties without our written agreement. We are entitled to request return of such drawings and documents at any time.
XI. Retention of title
We reserve ownership of delivered items (goods subject to retention of title) until all our claims against the customer to arise from the business relationship have been met, including claims arising in future, and also from contracts entered into at the same or a later time. In the case of open accounts, the reserved property and all rights are effective as security for all our outstanding balance claims along with interest and costs.
In the case of seizure or other third-party interventions the customer is required to inform us immediately.
The customer is entitled to process and resell the delivered items in the proper course of business. This entitlement ends as soon as the customer defaults in payment or suspends payments or if insolvency proceedings are applied for with respect to the customer's assets. The customer is required to only resell goods that are subject to retention of title under retention of title and ensure that the claims arising from their resale are transferred to us in compliance with sections 5 and 6 of this document. The use of goods subject to retention for performing work contracts and contracts for work and materials is also regarded as their resale. The customer is not entitled to dispose over these goods in any other way such as pawning or mortgaging of goods, in particular.
Assignment of claims arising from the resale of our goods subject to retention of title is not permitted except in the case of assignment by way of genuine factoring that is reported to us and where the factoring proceeds exceed the value of our secured claim. Our claim becomes due immediately upon the factoring proceeds being credited.
The processing or machining of goods subject to retention of title does not confer ownership of the new item as per section 950 of the Civil Code BGB on the customer. Any processing and machining as well as restructuring of these goods by the customer is always carried out in our name and on our behalf, but without establishing any obligation on our part. The processed and machined goods are regarded as goods subject to retention of title from this time on.
If goods subject to retention of title are processed, combined or blended with other goods, we shall be entitled to co-ownership of the new item in the same proportion as the ratio between the invoice total of the goods subject to retention and that of the other goods used. If our ownership expires due to combining, blending or processing, the customer herewith transfers the ownership or expectancy rights held with respect to the new stock or article to the extent of the invoice amount of the goods subject to retention of title, and in the case of processing in the proportion of that invoice amount to that of the other goods used, and stores them for us free of charge. Our co-ownership rights are regarded as goods subject to retention of title.
The customer's claims arising from the resale of goods subject to retention of title are herewith assigned to us. They serve as collateral to the same extent as the goods subject to retention of title.
If the goods subject to retention of title are resold together with other goods, the claims arising from this resale are transferred to us in the same ratio as that of the invoice amount of the goods subject to retention to that of the other goods. In the case of goods being resold that we have co-ownership of pursuant to section 4, the part of the claims transferred to us corresponds to our share in the joint ownership.
In case of a safeguarding event (objective non-solvency, non-payment, suspension of payments, insolvency, etc.) the customer is required to provide us with an exact list of the customer's claims including names and addresses, to immediately inform the customer's clientele of the assignment, and to supply us with all the information required to assert the transferred claims.
If the total value of the collateral provided exceeds the collateralized claims by more than 20 % we shall be required, at the customer's request, to release collateral of our choice to the extent of the excess in consideration of the customer's interests.
In the case of bills of payment, cheques, etc., payment only counts as effected once the bill or cheque etc. has been honoured by the customer on a secured basis. We only accept cheques on account of performance. Payments made against the provision of a bill of exchange issued by us only count as effected once recourse to us on this bill of exchange and/or cheque is excluded. The securities granted to us continue to exist up to this point in time without prejudice to any further security rights we may have.
The retention of title enables us to demand surrender of a delivered item after having withdrawn from the contract. We are entitled to withdraw from the contract regardless of any further requirements defined in BGB section 323from that point in time at which the customer enters into complete or partial default with regard to the payment, and our right of withdrawal can in particular be exercised without setting any further deadline. The same applies if the customer suspends payments, or if insolvency proceedings are applied for with respect to the customer's assets. All costs incurred by repossessing delivered items are borne by the customer. We are entitled to utilize repossessed delivered items at our own discretion.
XII. Place of performance, place of venue, applicable law
The place of performance shall be our headquarters unless otherwise specified in the order confirmation.
The place of venue for contracts with traders and legal entities shall be the court competent at our headquarters. However we may also institute legal proceedings against the purchaser at the court competent at his or her headquarters.
The privity of contract between the parties is exclusively based on German law waiving the United Nations Convention On Contracts For The International Sale Of Goods (UNCITRAL/CISG).
XIII. Privacy
We may process the purchaser's data received for the purpose of or in connection with the business relationship in the sense of the Bundesdatenschutzgesetz (Federal Data Protection Act) and other data protection provisions, irrespective of the source of data.
XIV. Severability
If any provision of these terms and/or other agreements are or become unenforceable, the applicability of the remaining contract shall not be affected. The contract parties are obliged to replace the unenforceable provision by a stipulation which comes nearest to the economic purpose of the original term.
Conditions of purchase of Gebr. Kemper GmbH + Co. KG, Olpe
I. General
Our orders are exclusively based on the following terms and conditions. Any contradicting terms of delivery are not valid even if we do not explicitly waive them. By accepting an order and/or a delivery, the supplier thereby accepts our conditions. Acceptance of goods or payment on our part does not imply acceptance of the supplier's sales conditions.
II. Quotation, conclusion of the contract
Only written orders are binding. Orders placed by word of mouth or on the phone must be confirmed in writing in order to become effective. This also applies to any changes, amendments or side agreements.
If our order is not accepted in writing within ten working days or within the period stated on the order, we are entitled to revoke it. Obvious typographical errors or faults in calculations in our orders or in other statements may be corrected by us any time also after conclusion of the contract without any obligation on our side.
Quotations are provided free of charge and must be submitted in good time. Any visits necessary to discuss or clarify matters relating to a contract shall not be subject to a charge.
The supplier is bound by the conditions of his or her quotation; this also applies to drawings, illustrations, dimensions, weights and other performance data.
We may request modifications to the ordered items even after conclusion of the contract provided these are reasonable. Any effects, in particular in terms of additional or reduced costs as well as delivery dates shall be considered reasonably.
Without our written approval, the supplier is not entitled to transfer our orders to third parties; otherwise we may withdraw from the contract in whole or in part and request compensation for any damage suffered.
III. Delivery and performance periods, delay
Any agreed delivery and performance periods and delivery dates are binding. For judging compliance with dates and deadlines, the receipt of the goods at the destination specified by us is definitive.
Acceptance of late deliveries or performances does not imply a waiver of any claims for damages.
If the supplier predicts that a delivery date or delivery period cannot be complied with for whatever reason, he or she shall immediately notify us accordingly in writing quoting the reasons and the expected duration of the delay.
If the supplier does not deliver the goods on the agreed date, he or she shall be liable for any damage caused by such delay. Furthermore, we may request compensation for damage in lieu of contract performance and/or withdraw from the contract in whole or in part if we have set the supplier an appropriate period of grace for performance or subsequent performance and if the supplier does not perform at all or does not provide timely performance.
The supplier shall immediately notify us of any reasons which, in his opinion, are attributable to us and which might lead to the exceeding of delivery/performance dates. If such notification is not made immediately, the supplier may not invoke these reasons for delayed deliveries/performance.
As far as compliance with contractual obligations by the supplier or by us is impeded by inevitable and unforeseeable circumstances or events which are beyond the supplier's and the purchaser's control, the parties are released from their duties for the duration of such circumstances and to the extent of such disturbance. Acts of God include in particular flood, war, insurrection, strike, lockout, legal and official directives and similar events beyond the control and the influence of the contract partners. The contract partners are obliged to immediately provide the required information and to adjust their obligations to the changed conditions in good faith, to the extent that this is reasonable. We are released from the obligation to accept ordered goods/performance in whole or in part and entitled to withdraw from the contract if the delivery/performance cannot be used by us any more from an economic perspective, due to the delay caused by Acts of God.
If deliveries are made earlier than agreed, we reserve the right to return the same at the supplier's expense. If goods delivered early are not returned, they will be stored by us until the contractual delivery date at the supplier's cost and risk. In the event of early delivery, we reserve the right to make payment only on the agreed due date.
Partial deliveries are only accepted if such have been explicitly agreed. If partial deliveries have been agreed, the remaining goods shall be specified. In the event of excess deliveries beyond the usual extent, we reserve the right to return excess goods at the supplier's expense.
IV. Pricing, despatch, packaging, transfer of risk and property
Agreed prices are fixed excluding any kind of additional claims. The costs of packaging and transport to the agreed destination or goods receiving point as well as for customs clearance and customs duty are included. If no prices are quoted in the order, the applicable list prices of the supplier less commercial discounts shall apply.
When supplying goods and services, the Supplier shall observe all relevant legal regulations, in particular those concerning hazardous materials and dangerous goods, the protection of the environment and the prevention of accidents. In addition the Supplier shall ensure the security of the supply chain according to the relevant customs regulations and observe the generally accepted safety rules.
Each delivery must be notified immediately after shipment by a despatch note which precisely quotes type, quantity and weight. Notifications of despatch, B/Ls, invoices, delivery notes with the exact delivery address (Werk I or Werk II) and any correspondence must carry our order number.
Despatch is made at the supplier's risk. The risk of deterioration including accidental loss shall remain with the supplier up until delivery to the destination specified by us.
All deliveries are covered by our transport insurance. In this respect we are a so-called "forbidden
customer" ("RVS/SVS-Verbotskunde") in the context of the shipping and cartage insurance. The supplier shall inform the forwarder accordingly.
If the means of packaging has exceptionally not been agreed, the supplier shall select the packaging which is most cost effective for us. We are entitled to deduct any excessive packaging cost from the invoice. We will immediately return to the supplier any packaging material in a good or reusable condition carriage paid against reimbursement of 2/3 of the corresponding invoice amount.
Apart from the above, the obligation to return packaging material is subject to the legal provisions. Goods shall be packed so as to prevent transport damage. The use of packaging material shall be limited to the extent required to achieve this aim. All damage resulting from improper packaging shall be at the supplier's charge.
V. Invoice, payment, assignment. Retention of title, right of retention, set-off rights and penalty
Invoices shall be submitted separately after completed delivery in two copies including all related documents and data. Invoices must be made up according to the items of the order. Our order number must be quoted. Corrections to wrongly submitted invoices will be deemed to have been received only at the time the correction has been received. Incorrect invoices will be objected to without delay.
Payment is made after complete receipt of the goods or completion of services and after receipt of the invoice based on the agreed terms of payment. If the invoice is received prior to complete receipt of goods, the terms of payment start only at the date of receipt of the goods. If the invoice is paid prior to full receipt, payment is made under the reservation of the receipt of goods; premature payment does not affect the right to issue notices of defects.
Except for extended retention of title, the supplier is not entitled without our written consent to assign his or her claims against us in whole or in part, to pledge the same or to have them collected by third parties.
The supplier may reserve his or her title to the delivered goods up until we have made payment for the goods without affecting our right to process and sell these goods.
The supplier's retention of title only applies in proportion to the value of any sums which have not been settled by us and to the balance in the supplier's favour, respectively.
As far as the issue of material test certificates has been agreed or is common practice, these form an essential part of the delivery and must be attached to the goods. The term of payment of invoices does not start before receipt of such certificate.
In the event of incorrect delivery, we have a right of retention and a set-off right.
Penalty may be asserted up until payment of the last invoice without reserving the right to assert penalty at the time of acceptance of goods.
VI. Notice of defect, liability for material defects and defects of title and other breaches of duty, liability periods, product liability
The supplier guarantees that all deliveries/services reflect the latest state of technology and comply with legal provisions and regulations and directives of authorities, Employer's Liability Insurance Association and professional associations. In particular, deliveries/services must comply with the Act on the Safety of Appliances (Gerätesicherheitsgesetz) and the related regulations as well as the EMC Act (Gesetz über die Elektro-Magnetische Verträglichkeit) including the related regulations. If deviations from these regulations are required and legally permissible on a case by case basis, these require our written approval. This approval does not affect the supplier's liability for material defects and defects of title. If the supplier has concerns with respect to the design requested by us, he or she must immediately notify us in writing.
The supplier undertakes to use environmentally friendly products and methods for his or her deliveries/services and also for supplies or services of third parties as far as this is economically and technically possible. He or she is liable for the environmental compatibility of supplied products and packaging material and for all consequential damage resulting of the infringement of legal disposal obligations. Upon request, the supplier shall issue a certificate of inspection for the supplied goods.
We are not obliged to perform a detailed inspection of incoming goods; we make random tests and checks for obvious defects. The data determined by us is decisive in terms of quantity, dimensions and weights.
Notices of defects are deemed to have been made in good time if obvious defects are notified to the supplier four weeks after receipt of the goods. Defects which are not obvious, or hidden defects, may however be notified later, i.e., within 10 days from detection of such defects.
The supplier must provide possession and ownership for goods which are free from material defects and defects in title. Material defects exist in particular if the goods at the time of transfer of risk are not of the agreed quality and/or are not suitable for the intended use as stated in the contract and/or do not retain the quality and/or usability for the usual period of time.
In the event of material defects and defects in title as well as other breaches of duty, our claims and rights are based on the BGB (German Civil Code) in the edition applicable since January 01, 2002. In addition to the legal rights, the following is agreed:
If a supplier fails to comply with his or her subsequent performance within a reasonable period of grace granted by us, we may remedy any faults ourselves at the supplier's expense or have the remedy executed by a third party unless the supplier justifiably refuses subsequent performance. § 323 Abs. 2 BGB applies accordingly; a period of grace will not be granted if subsequent performance has failed or is unacceptable to us. If in the event of subsequent work (e.g., sorting, remedy) being required on the site or in the shop where the goods are to be delivered, the supplier must provide for or organize subsequent performance at his expense. In order to avoid production standstills, this shall be made immediately without need for a particular period of grace in addition to the notification. Otherwise, we and/or the parties concerned in the supply chain may carry out such works or have such works carried out at the supplier's expense.
The guarantee period for our claims resulting from material defects and defects in title and other breaches of duty by the supplier ends at the earliest 5 years after acceptance of the complete delivery/services, subject to any longer periods which may be provided by law or agreed on a case by case basis and subject to clause 8, however at the latest 10 years after beginning of the legal prescription period. If acceptance is delayed for reasons which are not attributable to the supplier, the guarantee period begins after the delivered goods are available for acceptance. The guarantee period for a spare part begins at the time of appropriate installation of the spare part and lasts 5 years. For delivered items which cannot be commissioned and are not used during the time of inspection or repair of a defect, the guarantee period is extended by the duration of the interruption. Apart from this, the period is extended by the duration of any period during which it is interrupted.
If we are liable due to material defects or other breaches of duty which are attributable to the supplier, the supplier shall release us from all claims of our contract partners; in the event of claims for damage however the supplier shall release us only in so far as he or she is responsible for the material defect or the breach of duty. Our claims for damage and release from all damage and expenses go beyond the periods of liability and guarantee defined in clause 7, however these end at the latest 10 years after beginning of the legal prescription period, provided that we are liable for goods purchased from the supplier and resulting damage and expenses which are due to reasons which are the supplier's responsibility. Any claims resulting from any breach of duty by the supplier which are objected to within the liability and prescription period shall be valid at the earliest three months after the objection.
Our approval of drawings, calculations and other technical documents does not affect the supplier's liability for material defects and defects in title. Every disclaimer by the supplier is hereby waived. Disclaimers only apply if and in so far we have explicitly accepted them in writing.
Any further claims and extended validity periods pursuant to the ProdHaftG (Product Liability Act) resulting from illegal acts, fraud or from a guarantee shall remain unaffected. The supplier undertakes to keep all construction and production documents for supplied goods for a period of 11 years and make them available at any time when we are subject to the filing of a claim resulting from product liability.
The supplier shall take out reasonable insurance policies against all risks arising from product liability and all other liabilities including call-back risks and shall make the policy available to us upon request.
VII. Models, drawings, samples, dies
All dies, models, samples, moulds, jigs and drawings as well as similar objects which we put at the supplier's disposal must be treated confidentially and may only be used for our orders and must not be copied or disclosed to third parties. Documents remain our property. Any products and services produced on the basis of such items must not be delivered to third parties whether as unfinished goods or as semi finished or finished goods. The same applies to any items that the supplier has developed based on our specifications.
If the supplier produces dies, models, samples, drawings or similar within the framework of our order, these shall be treated equally confidentially. These items shall become our property once we have paid the agreed price or shall become the subject of co-ownership once we have made a down payment, i.e., on a pro-rata basis of the agreed payment in relation to the down payment. If no payment is due, the items shall become our property at the time of entering into the contract, however at the latest at the time of production. The supplier shall store these items free of charge. We may take possession of same if the supplier is threatened by distraint, or an insolvency procedure of his assets is instituted or in all other cases of contract termination. After completion of the order, these items shall be handed back to us.
Sub-suppliers shall be placed under the same obligation.
VIII. Industrial property rights
At the time of delivery of goods or, in the case of services, at the time of delivery of technical documents, the supplier must inform us in writing of all industrial property rights or industrial property right applications which are relevant to the supply/service, quoting all appropriate data. The supplier is liable for any infringement of third party industrial property rights.
We are authorized to obtain at the supplier's expense from the owners of industrial property rights approval to use, deliver, commission, sell etc. the delivered goods and services.
3.If in connection with the production and use of goods/services and the provision of spare and wearing parts third parties assert claims against us or other third parties for infringement of industrial property rights, the supplier is obliged to release us or third parties engaged by us and to compensate for any resulting damage, including legal and extrajudicial costs. The supplier may only invoke contributory negligence in infringing industrial property rights if he or she can furnish proof of gross negligence by us or by third parties engaged by us.
IX. Confidentiality
The supplier undertakes to treat as confidential the conclusion of the contract and all related negotiations unless we have explicitly agreed in writing to their disclosure.
All obvious commercial and technical details which are required for execution of the order as well as all working methods, processes, equipment, plans, drawings and documents which are divulged to the supplier or his representatives during execution of the order, or which are essential for order execution are deemed to be confidential and subject to this confidentiality clause.
Sub-suppliers must be placed under the same obligation.
If a contract partner becomes aware that a confidential piece of information has become known to an unauthorized third party or that a confidential document has got lost, he or she must immediately notify the other contract partner accordingly.
The supplier may use information gained during order handling, as well as the actual fact that an order has been placed, for advertising or publication purposes only with our explicit prior written approval.
X. Place of performance, place of venue, applicable law
The place of performance for deliveries shall be the agreed destination, the place of performance for other services shall be Olpe.
The place of venue for contracts with traders, legal entities of public law or separate assets under
public law shall be the court competent at our headquarters. We may also instigate legal proceedings against our contract partner at the court competent at his or her headquarters.
Orders, deliveries and services are exclusively based on German law waiving the United Nations Convention On Contracts For The International Sale Of Goods (UNCITRAL/CISG
XI. Final clause
If parts of these terms are unenforceable, the enforceability of the remaining provisions shall remain unaffected
Confidential data on the supplier is stored by us in compliance with the provisions of Bundesdatenschutzgesetz (Federal Data Protection Act).
The contract language is German. If the contract partners use another additional language, the German wording shall have priority.
Release 01/2020


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Whispers in the Ear
Posted 14 October 2005 - 05:51 AM
So here's the question.......
Do you think the Whispers are spirits making contact, or figments of the imagination?
I've been hit by mrsspookypants
Posted 14 October 2005 - 08:49 AM
I have heard a low growling type noise a couple of times in our new house. Maybe because I've mentioned several times that I don't think there is anything in this house and he wanted to let me know there is? This really doesn't frighten me much, and I can't explain why, because I'm a chicken and that should be sending me over the edge. Communication is fine, but don't be scary 'cause I don't like it!
However, I was recording in the kitchen last night and then listening to it in bed. You hear my husband and I talking and then him saying he's going to feed the dogs. When it gets quiet you can hear the growl plain as day and then a little snicker and it's obviously a male, although I didn't hear this one when I was recording. Very funny mister!
My husband is slowly becoming a believer - he just looked at me and said "So.. not only do you have a spirit here, but he's a smart*ss too. Congrats.".
Posted 14 October 2005 - 12:35 PM
This voice also told me to go to a different congregation one week. By chance a former roommate was also visiting that same week and I was able to get the money he owed me.
I didn't lose my mind - I have it backed up on a disk ... somewhere
Posted 14 October 2005 - 12:47 PM
Posted 14 October 2005 - 02:26 PM
Take my hand and we'll go riding through the sunshine from above
Posted 15 October 2005 - 05:45 AM
I've been hit by mrsspookypants
Posted 15 October 2005 - 05:49 AM
Take my hand and we'll go riding through the sunshine from above
Posted 15 October 2005 - 04:04 PM
Posted 15 October 2005 - 06:33 PM
I appreciate your concern. I can assure you that there is no psychosis. I'm talking about a few incident through the course of my life. And the wispers seem to come from outside, like someone is actually wispering. Even if it's my brain producing the wispering, it hasn't happened enough for me to worry about it.
Furthermore, my home has a history of paranormal activity. I grew up here, and bought the house from my father 4 years ago. Every member of my family has experienced something in this place.
As for sleeping well.... I sleep as well as a guy with a new born daughter in the house, can sleep. But I don't have insomnia, or any other sleep disorders. And no, there is no history of mental illness in my family.
I've been hit by mrsspookypants
Posted 15 October 2005 - 10:40 PM
Posted 16 October 2005 - 09:04 AM
Posted 16 October 2005 - 09:28 AM
Posted 16 October 2005 - 09:48 AM
and ive heard a few whispers and i can tell you im as sane as they come
Posted 16 October 2005 - 03:47 PM
Hey Duke, It's been happening to me now for about 15 years.It usually only happens as I try to fall asleep.The voice is not like a real whisper,but it's not inside my head either,but more like in between.
That's a good way to descibe it.
I always thought of it like a real whisper without the hot breath in your ear. I think Moon hit a good point with the lack of vocal cords thing. I'm leaning towards a spiritual cause, whether it's ghost or guardian angels. I say this for 2 reasons. It doesn't happen alot, andI know I'm not crazy.
I've been hit by mrsspookypants
Posted 22 October 2005 - 06:14 PM
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subset: commoncrawl


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We asked people why they go on retreat, here's what they said:
After participating in more yoga classes and events this year than in my entire life, I am yearning for the opportunity to attend a professional retreat. The opportunity to grow my practice, learn from talented students and teachers, and immerse myself in this gorgeous Red Feather Lakes sanctuary is the dream of a lifetime! Sara
We believe human beings are innately wise, strong and kind. This wisdom, although not always experienced, is always present. Going on retreat is a beautiful way to reconnect to our basic sanity and health. Our aspiration at Retreat Guru is to inspire people to experience authentic retreats and reconnect with their innate wisdom, strength and kindness.


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Special offers for bargain hunters! Here you will find something new every month at a special price. Every now and then visit us so you do not miss anything. Remember our Irish Made Collectible Bears are unique, which means there will not be a second one. If a teddy bear is sold out there is no new one. Therefore, quickly at to your basket if one of these Teddies is the one and only.
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Stress Tests Show Blood Vessels More Relaxed and Open in Published Study
In the Journal of the American Heart Association
It was announced TODAY, that a healthy diet including pistachios may benefit heart health in adults with Type 2 diabetes, according to a Pennsylvania State University study published online in the Journal of the American Heart Association.
Adults with well-controlled type 2 diabetes, who were otherwise healthy, participated in a randomized, controlled clinical study and showed a more positive response to stress following a diet containing pistachios than when following a standard low-fat control diet. The healthy diet, which included two servings daily of pistachios, significantly reduced peripheral vascular resistance, increased cardiac output, improved some measure of heart rate variability and importantly reduced systolic ambulatory blood pressure.
Dr. Sheila G. West, principal investigator and professor of biobehavioral health and nutritional sciences at Penn State, and her colleagues reported similar beneficial results in a study of adults with elevated LDL cholesterol and stress, published two years ago. Increasingly it has been found that pistachios, both salted and unsalted, contribute to a heart-healthy diet in high-risk groups. Pistachios contain good fats and fiber, potassium and magnesium.
In this Penn State study, test diets included a low-fat control diet with high carbohydrate snacks (27 percent fat and 7 percent saturated fat) compared to a moderate-fat diet (33 percent fat and 7 percent saturated fat) that included 3 ounces, or 20 percent of the calories, from pistachios. The servings consisted of equal amounts of salted and unsalted nuts. All meals were provided to the 30 participants, an equal number of men and women, ages 40-74. The calorie levels for the subjects were based on the Harris-Benedict equation so that calories and body weight did not change throughout the study.
A two-week run-in period on a typical western diet preceded the first test diet. Participants discontinued all dietary supplements at least two weeks prior to the beginning of the study. These adults were then administered each test diet for four weeks, separated by two-week compliance breaks, randomized and in a counterbalanced order. At the end of each diet period, including the run-in weeks, participants underwent comprehensive testing.
Researchers measured blood pressure and total peripheral vascular resistance, both at rest and during stress tests, which consisted of holding a hand in ice water for more than two minutes and a difficult math challenge. "After the pistachio diet, blood vessels remained more relaxed and open during the stress tests," confirmed Dr. West. She continued, "The pistachio diet reduced their bodies' responses to stress."
Twenty-four hour systolic blood pressure was significantly lower following the pistachio diet compared to the control diet, with the largest reduction observed during sleep. According to Dr. Kathryn Sauder, a co-investigator who conducted the measurements, "This finding was important because individuals who do not display a dip in blood pressure during sleep may be more likely to experience a cardiovascular event."
Dr. West concluded, "A moderate-fat diet containing pistachios may be an effective intervention to reduce cardiovascular risk in persons with type 2 diabetes." In spite of being obese and having a diabetes diagnosis, participants had normal blood pressure and only moderate dyslipidemia. However, even in relatively healthy diabetics, there is room for improvement. The results of this study suggest that a healthy diet containing pistachios can add to the protective effects of drugs for persons with type 2 diabetes.
The researchers suggested future studies should enroll larger samples, include ambulatory blood pressure as a primary outcome and test the effectiveness of pistachio consumption on cardiovascular risk factors in a free-living setting.
The study was supported by the American Pistachio Growers, Fresno, Calif., with partial support from the National Institutes of Health-supported Clinical Research Center at Pennsylvania State University.
Pistachio Facts
Pistachios are nutrient-rich and full of antioxidants, vitamins, protein and fiber. A one-ounce serving of pistachios equals 49 nuts, more per serving than any other snack nut. They are cholesterol free and contain just 1.5 grams of saturated fat and 12.5 grams of fat per serving, the majority of which comes from monounsaturated and polyunsaturated fat. In addition, they contain a significant amount of potassium, 300mg, and 3g fiber per serving.
About American Pistachio Growers
American Pistachio Growers (APG) is a non-profit voluntary agricultural trade association representing more than 600 grower members in California, Arizona and New Mexico. APG is governed by a democratically-elected board of directors and is funded entirely by growers and independent processors with the shared goal of increasing global awareness of nutritious American-grown pistachios. APG pistachios are the "Official Snack" of USA Water Polo, professional snowboarder Jeremy Jones, British pro cyclist Mark Cavendish and the Miss California Organization. For more information, visit www.AmericanPistachios.org


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COP17 took place in Durban, South Africa, from November 28 to December 9, 2011. As part of our involvement in COP17, Damian Ryan our Senior Policy Manager, provided us with daily news, analysis, and live tweeting from Durban. Here's his first reaction to the Durban outcome.
This year's UN climate conference – the longest to date – concluded in Durban at 6am Sunday morning after a second all night session of negotiating.
COP17 had three key objectives: i) to reach agreement on the Kyoto Protocol's future ii) to agree a pathway to strengthening the overall global climate regime and lay the foundations for a new treaty; and iii) to operationalize the various institutions and processes that had been established at last year's meeting in Cancun, particularly with respect to finance.
Parties managed to adopt decisions on all three issues, but few if any delegations were happy with the overall 'Durban package', or are even sure where the process will lead.
While, on the one hand, governments have agreed that there will be a new legal agreement with mitigation obligations for all countries for the first time, on the other, many key divides remain unmoved, and the level of ambition is still too low to limit global warming to 2°C.
There is light at the end of the low carbon tunnel, but it is still not strong enough to ignite the much-needed Clean Revolution.
The key decisions reached in Durban are:
The new negotiating process – known as the Durban Platform for Enhanced Action – is effectively a continuation of the current 'Convention' track negotiation, which was established five years ago at Bali's COP13, and should have concluded in Copenhagen with its own 'agreed outcome' covering all major emitters including both the US and China.
In other words, Parties have committed, albeit in slightly stronger language, to an outcome in 2015 that they should have delivered in 2009. Nevertheless, this new agreement will cover all countries and all emissions, something as yet not achieved in the more than twenty years of climate negotiations.
Agreeing this so-called 'pathway' to a new global deal was essential for any deal on the future of the Kyoto Protocol – the number one priority for developing countries in Durban.
The EU's willingness to sign-up to further Kyoto targets after 2013 was conditional on securing a clear pathway to a new global regime for all countries.
This keeps the Protocol – and its crucial rules and market mechanisms – alive, but it will be a 'lite' version, with Canada, Japan and Russia all confirming in the decision text that they will not be taking on any targets. While Australia, New Zealand, Norway and Switzerland are all likely to join the EU (providing certain conditions are met), the Protocol after 2013 will cover at most 15-16% of global emissions.
The third piece in the puzzle, the Green Climate Fund, was the second must-have for developing countries. The decision reached in Durban sets in train the process for establishing the governing Board, selecting a host country and an independent secretariat. This should mean all practical operational elements of the fund, including key staff, will be in place in the next 12 months.
What remains missing is the actual funding, which is supposed to be scaled up to $100 billion per annum by 2020. A new work program on long-term finance will look at this issue in 2012.
In addition to these three core outcomes, the Durban package also delivered progress on other key elements of the Cancun Agreements. This included guidelines for monitoring, reporting and verification of mitigation efforts; establishment of the Climate Technology Center & Network; modalities for the Review Mechanism to assess global mitigation progress; and agreement on membership of the Adaptation Committee.
Despite the negotiations' slow pace though, companies, governments and communities displayed great awareness of the threats and opportunities of climate change. At the Climate Change Response Expo and a series of side presentations and parallel events, there was heartening evidence of the progress already being made: work on green growth plans and low carbon development strategies; a wide range of exciting new technologies and evidence of how low carbon strategies can create jobs and new business opportunities.
The actions of these enlightened leaders will be critical to the next nine years, both in keeping emissions at safe levels and, by showing governments that a Clean Revolution is possible, spurring them to even greater ambition.
Further reading
Damian Ryan, Senior Policy Manager, The Climate Group, will also be writing news and analysis throughout COP17, and providing a more in-depth post-COP Briefing after the events. Keep up to date on our website and by following him on Twitter during COP17.
Our international policy teams are also commenting on key regional positions in the lead-up to Durban; read about Australia, China, Europe, India and the US.


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In an atmosphere of prayerful solemnity, the Bishop and Clergy of the Diocese of South Carolina gathered at Saint James Church, James Island, S.C. for more than two hours on Tuesday, October 12. In focus were the "serious charges" that have been made against Bishop Mark Lawrence and the diocese under the new Title IV canons.
Bishop Lawrence began by restating the diocesan vision of "Making Biblical Anglicans for a Global Age" and then traced the history of the current controversy in The Episcopal Church and the many obstacles they presented to pursuing our diocesan vision. He ended with the two recent diocesan conventions in which the diocese refused to be coerced into the Episcopal Church's embrace of the new title IV canons which violate both due process and the Episcopal Church's own constitution. Of further concern with the current allegations is that evidently this process doesn't allow the accused to know who his accusers are.
Lawyer Alan Runyan then made a presentation based on his best understanding of what canonical process seemed to be being used by those in national leadership. It would appear they are proceeding under the abandonment canon with its fast track. Based on what has happened in other dioceses, a deposition of the bishop would be followed by attacks on diocese and the parishes. The picture painted was an ugly one of expensive litigation, confrontation and acrimony in which all involved significantly lost.
It was stressed that individual clergy, vestry, and parishes needed to be informed about the allegations, the purported process, and the implications at every conceivable level: financial, personal, legal and spiritual. All the clergy were encouraged to share their concerns with the bishop or the ordained members of the diocesan Standing Committee.
Two themes underlay the whole discussion. First, the Episcopal Church is in a constitutional crisis in which its own polity is being radically altered in violation of its history and founding documents, yet with no structural provision for a means of resolution when just such foundational disagreements occur. That such a deep dispute has arisen with one of the Episcopal Church's founding dioceses only adds to the unfortunate environment into which all have been plunged. The Reverend Jeffrey Miller, past President of the Standing Committee stated during the gathering, "The question is not whether we can stay; it is whether they will let us stay and follow what we believe."
Second, the deeper fracture is about a departure of the Episcopal Church's leadership from Christian doctrine. Bishop C. FitzSimons Allison (XII Bishop of South Carolina) rose to express his concern with these theological innovations and to voice support for Lawrence. While these include a changed understanding of sexual ethics and Christian marriage, it goes much further to the matter of Scriptural interpretation and authority and the uniqueness and universality of Jesus Christ. These recent actions mark yet another hindrance to the Diocese of South Carolina's duty to be faithful to the truth of exactly that gospel and its proclamation to the world.


text: The most iconic photos from the manned exploration of space come from the monumental Apollo project. But if you're not a camera buff or a space-history enthusiast, you may not know that nearly every single famous photo from that program was taken using Hasselblad cameras. Known among photographers for their larger-than-normal film format and amazing optical qualities, the Swedish-based Hasselblad has also had a more than 50-year partnership with NASA. Astronaut Wally Schira carried the first Hasselblad used by NASA, a 500C camera -- which he had purchased at a Houston photo supply shop -- during his turn around the Earth in a Mercury rocket in in 1962. Subsequent Mercury and Gemini astronauts also used Hasselblads, and each space shuttle flight took an average of 1,000 and 2,000 pictures with the cameras. Both NASA and the astronauts liked the Hasselblads for many reasons. "The cameras were relatively simple to use, and film was preloaded into magazines that could easily be interchanged in mid-roll when lighting situations changed," wrote Gary H. Kitmacher for NASA's history office. The Hasselblad EDC, which was carried by each Apollo astronaut. ©Hasselblad NASA asked Hasselblad for a modified version of their 500EL models to use during the Apollo moon missions. Known as the Hasselblad Electric Data Camera (EDC), these machines came with specially designed lenses and a glass plate that placed reference crosses on each image to make it possible to figure out the distance and heights of objects in the photos. The EDC's photo plate was also coated with a small conductive layer of silver, preventing the buildup of static electricity that could result in a spark. Finally, the outer camera was painted silver to help maintain the temperature, and all lubricants had to be replaced to allow the machines to work in the vacuum of space. Starting with Apollo 8, astronauts carried a Hasselblad EDC with them on their lunar journeys. Neil Armstrong and Buzz Aldrin each had one during their brief but historic romp on the moon on July 20, 1969. Subsequent men also took Hasselblads, 12 of which are now sitting on the moon's surface, left behind to save weight on the return trip. Only the film magazines returned to Earth. Pictures from Apollo allowed people all over the world to participate in the trip. Looking through the Apollo Hasselblad film reels is like perusing someone's weird vacation slides. Except in this case, the vacation happens to be one taken on the moon. As an additional and somewhat related bonus, the state of film technology in 1969 provides definitive proof that the moon landings could not have been faked. In honor of the 44th anniversary of Apollo 11's historic landing, here we present a gallery of some of the best shots that astronauts took from the moon and space with Hasselblad cameras. Above: Armstrong on the Moon Neil Armstrong stands on the moon next to the Apollo 11 lunar lander, showing the American flag nearby. Most of the Apollo 11 images were taken by Armstrong and so feature Buzz Aldrin. This is one of the few with Armstrong actually in it. Image: NASAHasselblad on the Moon A photo that shows Apollo astronaut Alan Bean with a Hasselblad EDC camera seen strapped to his suit during Apollo 12. Astronaut Charles Conrad, who took this picture, can be seen reflected in his visor. Image: NASAOut in Space Astronaut Rusty Schweickart snapped this pic of David Scott opening the hatch of the Apollo 9 command module while docked to the lunar lander. Apollo 9 didn't fly to the moon but did test out docking in Earth orbit. Below you can see the lunar lander floating above Earth in orbit. Images: 1) NASA and 2) NASALunar Craters The Apollo 10 astronauts, who circled the moon and practiced almost landing on it in anticipation of Apollo 11's touchdown, took this photo of craters on the moon. Image: NASALens Flare The brilliant jewel of the sun produces a circular flare in this image from Apollo 14. Image: NASAMoon Buggy Astronaut James Irwin works at the lunar rover, better known as the moon buggy, during Apollo 15. A color shot of the moon buggy's sweet treads during Apollo 17 can be seen below. Images: 1) NASA and 2) NASAHomeward Bound A view of the Apollo 17 command module as seen from the lunar lander during rendezvous. Below is an image of astronaut Ronald Evans during that same mission, the final Apollo flight, performing some repairs outside the spacecraft as the crew travels back to Earth. Images: 1) NASA and 2) NASACollecting Samples Astronaut Charles Duke collecting samples during Apollo 16 Image: NASAEarthrise The Apollo 8 astronauts were the first people to circle around the moon. As such, they got to see sights never before beheld by human eyes. This famous photo shows our planet rising over the lunar greyness. Below is another iconic shot, the lunar far side, which had never been seen directly before. Images: 1) NASA and 2) NASAAldrin and Experiment Astronaut Buzz Aldrin stands next to a solar wind experiment he had just set up during the Apollo 11 landing. Image: NASALunar Lander Astronaut Michael Collins, who stayed behind in the command module during Apollo 11 took a photo of the lunar lander carrying Neil Armstrong and Buzz Aldrin as it descended to the surface. Image: NASATaking Photos Astronaut David Scott takes some important data and aims his Hasselblad during Apollo 15 while at the base of the Apennine Mountains. Image: NASAFootprints Bootprints in the lunar soil taken during Apollo 11. Should people ever return to the moon, there is no doubt that these remnants will be regarded as priceless artifacts. Image: NASAThe Whole Earth One of the most famous and widely reproduced images in history, this shot of the entire Earth was taken by the Apollo 17 astronauts. Such pictures are credited with helping bring a more worldly and environmental consciousness to humanity. Image: NASA


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I'd like to see a "execution trace". That'd help quite a bit. Could be last 100 PCs, maybe another version that tracks branches/jumps only. Especially for games like Banjo-Tooie when it does crazy stuff to go from A to B over syscalls.
DMA breakpoint (so know when a location gets data DMA'd).
Definitely also edit FP registers.


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If your band requires a personal in-ear monitoring system at a budget price, the Galaxy Audio AS-1806 Band Pack system with EB6 earbuds may be just w...Click To Read More About This Product
In-ear monitoring system with four sets of high-quality earbuds.
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The AS-1810 system consists of an AS-1800T transmitter along with 4 AS-1800R receiver 4 sets of EB6 earbuds. This is Galaxy Audio's mid-quality system and is appropriate for working bands. The AS-1806 system puts pro quality in-ear on-stage monitoring in the hands of bands and musicians who have to keep technical improvements within a reasonable budget.
One very important aspect of the AS-1800 System is the Mixed Mono feature. With Mixed Mono the performers can have their vocals in Input 1 and the band mix in Input 2 and adjust the volume of each independently to create their own personal mix, or you can send two different monitor mixes from the board so each performer can decide which mix they want to hear on their belt pack.
A lot has happened in professional sound reinforcement both in terms of front-of-house sound and in terms of what the performers hear. One of the most significant developments in the last decade has been the quality and affordability of in-ear systems. Attention to hearing protection and an awareness of the critical role on-stage monitoring plays in the quality of an entertainer's performance have been a driving force in the research and manufacturing at Galaxy Audio.
Get your whole band into in-ear monitoring and watch your harmonies improve.
Our product catalog varies by country due to manufacturer restrictions. If you change the Ship-To country, some or all of the items in your cart may not ship to the new destination.


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What Is Oracle Database Elapsed Time And Wall Time With A Parallelism Twist
In this post I'm focusing on Oracle Database SQL elapsed time, adding parallelism into the mix and then revisiting wall time. What initially seems simple can take some very interesting twists!
If you are into tuning Oracle Database systems, you care about time. And if you care about time, then you need to understand the most important time parameters: what they are, their differences, how they relate to each other and how to use them in your performance tuning work.
A couple weeks ago I wrote about Oracle DB Time, non-idle wait time, and server process CPU consumption (DB CPU) time. If you have not read that posting, HERE is the link. It must be a good read because it quickly become my most viewed post ever! In this posting, the focus is SQL elapsed time, parallelism, and again wall time. Enjoy!
Quick Review
In my previous related post, I covered non-idle wait time, DB CPU, and DB Time. Here is a very quick summary of each.
Non-Idle Wait Time occurs when an Oracle process is not consuming CPU, the session pauses (i.e., waits) and Oracle considers the wait time important for performance tuning. An example of a non-idle wait event is direct path read temp. An example of an idle wait event is SQL*Net message from client or pmon timer.
DB CPU is Oracle server/foreground/shadow process CPU consumption. This is not include Oracle background process CPU consumption.
DB Time is DB CPU plus Non-Idle Wait Time. Remember that DB Time does not include background process CPU consumption and Oracle Corporation determines which wait events are considered idle. It is common for there to be some extra time in DB Time as well, but I'll save that for another post!
Elapsed Time
Elapsed Time (ET) is all DB Time related to a defined task. A "defined task" could be a SQL statement, group of SQL statements, pl/sql procedure, batch job, etc. It is whatever makes sense in your tuning situation.
The elapsed time for a SQL_ID can be found in v$sql. But be careful because this elapsed time is related to "all" the SQL_ID executions. Thankfully, there is an "executions" column in v$sql.
Elapsed time is displayed in a number of areas within an Oracle Database AWR and Statspack report. Looking at the above screen shot, the "top" elapsed time SQL has an elapsed time of 268561 seconds. This means that over the AWR report's snapshot interval, for all this SQL's executions, its total DB Time is 268561 seconds. Said another way, if we were to add up all this SQL's DB CPU and non-idle wait time for all its executions within the snapshot interval, the value should be 268561.
There is a lot of great information provided in the AWR and Statspack SQL reports. For example, because the elapsed time and the CPU time (DB CPU) is shown above, we can calculate the non-idle wait time for the "top" elapsed time SQL ID.
non idle wait time = elapsed time - cpu time
268465 = 268561 - 96
For the "top" elapsed SQL, its elapsed time 268561 and it's DB CPU is 96 therefore its non-idle wait time is 268465. Wow! This statement has tons of associated wait time compared to CPU consumption time.
But it gets even better! Because the total Elapsed Time and the total number Executions over the snapshot interval is displayed, we can determine the average elapsed time!
average elapsed time = total elapsed time / executions
746.03 = 268561 / 36
Do not be deceived! The average elapsed time is unlikely what the user is experiencing. Two possibility examples for this deception are skewed elapsed times and parallelism.
For most DBAs this is unexpected. It also causes performance perception problems yet solutions are available to understand what's really going on.
I've spent so much time researching this topic and seen it increase my consulting value, I've posted a number of blog entries on this subject. Plus I created an OraPub Online Institute seminar focused specifically on this subject. It's called Using Skewed Performance Data To Your Advantage. Check it out. I'm really proud how it turned out. I also have a couple of OSM scripts dedicated to this topic, sqlelget[11].sql.
Revisiting Wall Time With A Parallelism Twist
Now it's time to put this all together.
DB CPU is the Oracle server process CPU consumption.
Non-Idle Wait Time (NIWT) is the time when an Oracle process can not consume CPU and must pause and we care about this time.
DB Time is the Oracle server process CPU consumption and all non-idle wait time.
Elapsed Time (ET) is the sum (i.e., all) DB Time related to a task, such as a SQL_ID.
Wall Time is what we hope the user experiences. I'll assume there is no time gap between Oracle and the user, therefore the wall time will equal the user's experience.
Effective Parallelism is the effective number of Oracle parallel slaves or some other form of parallelism, such as designed-in application parallelism. (For simplicity, I'm only going to mention Oracle parallel query.) If Oracle parallel query is not involved, then the effective parallelism is one. If two parallel query slaves are involved, then the effective parallelism will be a little less than 2
Parallelism can reduce wall time because we can simultaneously "burn time" in multiple places. For example, 60 seconds of elapsed time with a process running serially, results in a wall time of 60 seconds. But if we have two parallel query slaves, while the elapsed time (i.e., all the DB Time) is still 60 seconds (plus some overhead time), the wall time will be around 30 seconds (plus some overhead time).
The math is really simple...that is until you factor in scalability (i.e., the overhead), which I won't. If you're interested, read the last chapter of my book, Forecasting Oracle Performance.
Let's simplify this by using some mathematical notation.
DB Time = DB CPU + NIWT
Elapsed Time = Sum of DB Time
Wall Time = Elapsed Time / Effective Parallelism
Pretty straightforward, eh? Below is a short video clip summarizing this using a scene from the OraPub Online Institute seminar, Tuning Oracle Using an AWR Report (based on an Oracle Time Based Analysis).
Test You Knowledge
True or False? If the total elapsed time is 60 seconds and parallel query is not involved, the total wall time will also be 60 seconds. True
True or False? If the elapsed time per execution is 60 seconds and the wall time is 30 seconds, then parallel query is involved. True
True or False? Bonus question yet very important to understand: If the elapsed time per execution is 60 seconds and two PQ slaves are involved, then the wall time will be 30 seconds.
The last question is false because there is overhead when parallelizing. Parallelism is not free. Because of this, the wall time will hopefully drop to perhaps 35 seconds. That 5 seconds is the parallelization overhead.
Coming Up Next: Video Proof!
While the above may seem correct, I ran some SQL statements and captured the relevant time statistics. There is quite a bit of detail and I ran two different tests, so I'll post that in a week or two.
Thanks for reading,
Start my FREE 18 lesson Machine Learning For Oracle Professionals E-Course here.
Craig Shallahamer is a long time Oracle DBA who specializes in predictive analytics, machine learning and Oracle performance tuning. Craig is a performance researcher and blogger, consultant, author of two books, an enthusiastic conference speaker a passionate teacher and an Oracle ACE Director. More about Craig Shallahamer...
If you have any questions or comments, feel free to email me directly at craig at orapub.com.
|Speed Sometimes Means Changing The Rules
|Fixed In Oracle Database 12c? Session CPU Consumption Statistics
|When Are Oracle Database DBA_HIST_SYSSTAT Values Correct?


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'Shahs Of Sunset' Chick -- I'VE GOT ASS LIKE KIM KARDASHIAN
'Shahs of Sunset' Chick I'VE GOT ASS LIKE KIM K
Kim Kardashian started an ass-selfie trend ... 'cause after she shared her bikini-wedgie with the world ... ANOTHER wanna-butt celeb is following suit.
This time, the chick showing off her donk is Mercedes "MJ" Javid from "Shahs of Sunset."
It's definitely a change of pace from Kim ... and pro surfer Anastasia Ashley, who beat MJ to the punch with a butt-selfie last week.
Butt-selfies -- sometimes they're not all they're cracked up to be.
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Ian Rankin Says JK Rowling "Writing Family Trees" and Working on Scottish Book
Sep 04, 2009
J.K. Rowling
Author Ian Rankin has given a new interview on BBC radio with Simon Mayo (download here) where he mentions his friend and neighbor in Scotland, J.K. Rowling. In the middle of this interview, Mr. Rankin notes that while he has not seen the Harry Potter author in some time, he said she "was working on her Harry Potter encyclopedia" and "drawing family trees for all the characters, going back generations." This of course is not a surprise as Jo has said many times in the past that she is working again on various projects, as highlighted last year when she confirmed she was writing again in cafes, and has often expressed her desire to create the definitive encyclopedia of the beloved Harry Potter world.
Please note, as exciting as this is, we stress that it is important to release Mr. Rankin did not say or imply the Scottish book was to be released any time soon, again just noting he had seen her working on the book aka "The Scottish Book" as she first referred to the name during the interview with PotterCast in December, 2007.
Thanks to all who owled!


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Amal Clooney was spotted leaving her apartment. Later she met the US Mission to the UN Nikki Haley with Reuters to discuss actions for the release of two journalists jailed for doing their job.
"Freedom of press & rule of law are the bases that democracies are built on & we hope Burmese authorities will realize the importance of this release to the int'l community."
Style Files
Amal Clooney wore a
Enid reversible wool-blend midi dress from the Resort collection 2018
€955.16 in red
Gabriela Hearst
Seymore Elbow-Sleeve Crewneck Reversible Cashmere-Wool Mid-Calf Dress
I found it in beige here
DIOR Bar bag
With open toe lace-up boots by VALENTINO


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Social Psychology: Goals in Interaction explores how social behavior is goal-directed and a result of interactions between the person and the situation.In addition to a beautiful new design in the 4e, Social Psychology: Goals in Interaction has two elements that continue to set it apart from other social psychology textbooks:A unique integrated approach to social behavior: Rather than providing a laundry list of unconnected facts and theories, the authors organize each chapter around the two broad questions: (1) What are the goals that underlie the behavior in question? (2) What factors in the person and the situation connect to each goal? The book thus presents the discipline as a coherent framework for understanding human behavior. The new subtitle, "Goals in Interactions" underscores this integrated approach to understanding behavior.Opening mysteries: Each chapter begins with a mystery of social behavior, designed not only to grab student interest, but also to organize the ensuing discussion of scientific research: Why would a poor black washerwoman give away her hard-earned life-savings? What psychological forces led the Dalai Lama, the most exalted personage in Tibet, to forge a lifelong friendship with a foreign vagabond openly scorned by Tibetan peasants? Why would a boy falsely confess to murdering his own mother?The latest scholarship, engaging writing, engrossing real-world stories and the authors' strengths as renowned researchers and expert teachers, all come together to make the fourth edition of Social Psychology: Goals in Interaction an accessible and engaging read for students, while providing a modern and cohesive approach for their teachers.Douglas T. Kenrick is the author of 'Social Psychology: Goals in Interaction (4th Edition)', published 2006 under ISBN 9780205493951 and ISBN 0205493955.[read more]
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The New Atheism
Though the chorus of voices decrying belief in God has been humming in the ideological background for centuries, it seems to have reached a crescendo with the emergence of a movement that has been dubbed the new atheism. The trademark of this new and continuing brand of atheism is its vitriolic attack on religion. To its advocates, religious beliefs are not only false; they are also dangerous and must be expunged from all corners of society. The pundits of the new atheism are not content to nail discussion theses on the door of religion; they are also busy delivering eviction notices to the allegedly atavistic elements of an otherwise seamlessly progressive atheistic evolution of Homo Sapiens.
Given the rhetoric, one might be forgiven for thinking that some new discoveries have rendered belief in God untenable. Curiously, this drama is unfolding in the same era in which perhaps the world's leading defender of atheism, Antony Flew, has declared that recent scientific discoveries point to the fact that this world cannot be understood apart from the work of God as its Creator. This is no small matter, for Flew has been preaching atheism for as long as Billy Graham has been preaching the Gospel. Unlike Flew and others, the new atheists seem to forget that the success of their mission hinges solely on the strength and veracity of the reasons they give for repudiating religion. Venom and ridicule may carry the day in an age of sensationalistic sound bites, but false beliefs will eventually bounce off the hard, cold, unyielding wall of reality.
A good example of a claim against religion that does not sit well with the facts of reality is issued in the form of a challenge to the believer to "name one ethical statement made, or one ethical action performed, by a believer that could not have been uttered or done by a nonbeliever."(1) We are expected to agree that no such action or statement exists, and then conclude that morality does not depend on God. The problem is that the conclusion does not follow from the premise. The fact that a non-believer can utter moral statements and even act morally does not logically lead to the conclusion that morality does not depend on God, much less that God does not exist. This challenge misunderstands the believer's position on the relationship between morality and God.
The believer's claim is that the world owes its existence to a moral God. All human beings are moral agents created in God's image and are expected to recognize right from wrong because they all reflect God's moral character. The fact that human beings are the kinds of creatures that can recognize the moral imperatives that are part of the very fabric of the universe argues strongly against naturalism. Unlike the laws of nature, which even inanimate objects obey, moral imperatives appeal to our will and invite us to make real decisions on real moral issues. The only other parallel experience we have of dos and don'ts comes from minds. Thus when the atheist rejects God while insisting on the validity of morality, he is merely rejecting the cause while clinging to the effect.
Without God, morality is reduced to whatever mode of behavior human beings agree on. There is no action that is objectively right or wrong. Rape, hate, murder and other such acts are only wrong because they have been deemed to be so in the course of human evolution. Had human evolution taken a different course, these acts might well have been the valued elements of our moral code. Even Nazi morality would be right had the Nazis succeeded in their quest for world dominance. Unless the world contains behavioral guidelines that transcend human decisions, there is no reason why anyone should object to such conclusions. Though some religious people do not live up to the moral principles they prescribe, it is not true that genuine religious devotion makes no difference to one's moral commitments. It is missionaries, and not atheists, who regularly give up their own comforts and accept unbelievable amounts of pain and suffering to better the lives of societal outcasts, not just through preaching but also through education, technology, and humanitarian relief. Our failure to live up to what we know to be right provides empirical evidence for the need for God's intervention in our lives.
Those who insist that objective morality makes no difference to human autonomy still expect morality to guide the behavior of others. That our society is saturated with transcendent moral sentiments accounts for the popularity of some television programs that arrest our attention night after night. Perhaps ninety percent of the shows they contain depend exclusively on our ability to apply objective moral standards to the actions of the characters. Should the Judeo-Christian moral bank close its doors to our cultural psyche, the bankruptcy of human-centered morality would eventually send our spiritual tentacles scouring for an alternative transcendent anchor. Thus were the new atheists to succeed in their quest, the result would not be the elimination of religion but the entrenchment of a different religion. As Ravi Zacharias has warned, eventually, the real choice for the West will not be between Christianity and atheism but between Christianity and some other religion. Beware of ethical naturalists bearing moral gifts.
J.M. Njoroge is a member of the speaking team at Ravi Zacharias International Ministries in Atlanta, Georgia.
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Khanna says investment is needed to meet 21st-century government needs.
In 2005, Minnesota Gov. Tim Pawlenty launched the Drive to Excellence, an initiative to automate processes and make state government function as an enterprise. That same year, Gopal Khanna was named Minnesota's CIO.
GT: The Drive to Excellence involves comprehensive changes to state government. How do you build buy-in among your public work force?
Khanna: The public sector, [is] driven by the desire to serve the citizens by doing good work. We've built on that motivation by creating teams where people are empowered to take action. We need to compress our time to action: If it took two years to make a decision in the past? We have to move faster in government. The work force is happy to see this change because they want to and know how to do things better if given the chance.
GT: What results have you seen?
Khanna: When I assumed this position, I challenged my colleagues to create desktop and laptop standards [in] 90 days. We set up teams - it was cross-boundary collaboration - and they sat down together and said, "Let's focus on the 80 percent of our requirements that can be standardized. There will always be 'exception processing.'"
We now have standards for laptops, desktops, servers and storage. About $100 million over five years is the estimated savings.
GT: How important are procurement savings in building support for further organizational changes?
Khanna: Those savings occur at the agency level, enabling more investment in mission-critical services. In general, when we talk about IT reform, I believe we focus too much on savings. You need to make an investment first. What I talk about in Minnesota is how much investment we're willing to make in our infrastructure to move away from the 20th-century government operations and toward the 21st-century computing environment. Savings and ROI will happen if the right programs are put in place to make government more transparent, accountable and results-oriented.
GT: So the savings come from making government work better. But saving money isn't the only reason to do this?
Khanna: Exactly. The goal is to have more effective, transparent government that serves citizens on their terms, not our terms. The citizens are saying, "We want 24/7 government on demand. We want government that is totally transparent." Our governor constantly reminds us that we need to be results-oriented and outcomes-oriented. To do that, we need to make serious investment in our infrastructure of government operations.
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The Mapleson Cylinders - Program Notes
|Wagner: LOHENGRIN [Includes RealAudio Selections]
|Band 5
Act I: King's Prayer excerpts:
(a) "Mein Herr und Gott" (opening lines)
(b) "Des Reinen Arm gieb Heldenkraft" ...to end of Prayer
Robert Blass (bs), King
[other principals unidentified]
Metropolitan Opera Chorus & Orchestra--
Alfred Hertz (?)
[The speed of this cylinder doesn't match the remaining excerpts on this side, and in any case its brief overlap with Band 4 precludes an origin in the same performance. A Glackens cardboard marker numbered 110 was found in the otherwise unmarked box, and the cylinder matches the description of Glackens 110--but the notebook entry contains no date, though Blass is named. The sound quality seems to preclude 1901. Aside from February 7, 1903, Blass sang at the following performances of Lohengrin:
3/2/01 MacIntyre, Schumann-Heink, Van Dyck, Bertram/Damrosch
3/8/01 Ternina, Olitzka, J. De Reszke, Bertram/Damrosch
1/11/02 Ternina, Homer, Dippel, Mühlmann/Damrosch
3/1m/02 Ternina, Reuss-Belce, Von Bandrowski, Van Rooy/Damrosch
1/10m/03 Nordica, Schumann-Heink, Anthes, Bispham/Hertz
2/11/03 Gadski, Schumann-Heink, Anthes, Bispham/Hertz]
After recording the opening phrase of the King's Prayer, Mapleson stopped his machine and waited for the ensemble that continues it.
Mein Herr und Gott, nun ruf ich dich,
dass du dem Kampf zugegen sei'st!
Del puro addoppio, or tu il valor;
al reo, deh! togli e forza e cor.
L'o[rcaron]a č fatale, ci assisti, o ciel,
tu dell' inganno, tu squarcia il vel!
Del puro addoppio, ecc. ( During this choral strain, the principals voice their individual prayers. )
My Lord and God, I now call on you.
that you be present at this battle!
Give hero's strength to the virtuous arm,
drain power and courage from the false:
thus help us, God, in this fatal hour,
and draw away the veil of deceit
Give hero's strength, etc. ( During this choral strain, the principals voice their individual prayers. )