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FOR SUPPLIES AND SERVICES
1. Scope. These Conditions shall apply to all supplies, services and licenses of any kind provided by DyeMansion GmbH, Robert-Koch-Straße 1, 82152 Planegg – Munich, Germany ("DyeMansion") to its customers ("Customer(s)"). If DyeMansion and the Customer have entered into a contract of sale or a service, license or other agreement (hereafter collectively referred to as "Contract"), these Conditions shall apply except if and to the extent that the Contract provides otherwise. These Conditions pre-suppose that the Customer is a corporation, fund or trust under public law or a business (i.e. a natural person, corporation or partnership entering into the Contract for a purpose within the scope of its trade, business or independent profession). DyeMansion provides services and "Deliverables" i.e. goods, rights, licenses, or tangible or intangible works which are the subject matter of the Contract only to such Customers and not to consumers.
2. No Other Terms and Conditions. DyeMansion does not accept any terms and conditions which deviate from these Conditions, except if such terms and conditions have been expressly accepted by DyeMansion.
3. Any quotations which DyeMansion may provide shall not be binding on DyeMansion.
4. DyeMansion reserves two weeks to confirm orders.
5. The Customer shall refrain from using for any purpose unrelated to the Contract, copying and making available to third parties any technical specifications, drawings, quotations and calculations which the Customer may receive from DyeMansion, in particular in connection with the negotiation or the performance of the Contract. DyeMansion reserves the copyright and other rights in such materials. In the event that the Customer violates the foregoing obligation, DyeMansion shall be entitled to request immediate release and delivery of such materials.
6. For future renewal terms, for multi annual service, maintenance or other long-term contracts, DyeMansion reserves the right to amend prices and other commercial or legal Contract terms by unilateral notice with proactive effect, observing three months notice with effect on the beginning of the next following renewal term. In such case the Customer shall have the right to withdraw from the Contract by unilateral notice, observing one month notice with effect to the end of the then current contract term. Where Customer does not exercise this right, the amendment shall become effective. If Customer requests a Change to the scope agreed in the Contract, DyeMansion will reasonably attempt to accommodate this request provided that the Customer will bear all extra cost and effort caused by the change. Any change to the scope requires mutual agreement. Neither § 650b par. 2 of the German Civil Code (Customer Right to Enact Changes) nor § 648a par. 2 of the German Civil Code (Termination of Parts of Agreement) shall apply.
7. Terms of Delivery. All Deliverables shall be delivered EXW Planegg, Incoterms 2010. The prices quoted by DyeMansion shall be deemed agreed on this basis.
8. DyeMansion shall be under no obligation to observe any delivery date until and unless the Customer has complied fully with all of its responsibilities regarding the delivery. Time shall not be regarded to be of the essence except if expressly agreed. No delivery date shall be binding on DyeMansion unless it has been expressly confirmed as "binding".
9. Where Deliverables require assembly or installation, this shall be the Customer's responsibility. Where DyeMansion has expressly assumed responsibility for the assembly/installation, the Customer shall provide at its own cost and in a timely manner: (a) all necessary support staff, including skilled personnel for electric installations and/or water facilities, if required; (b) all mechanical devices required for the assembly/installation, including lifting devices, and fuel; (c) heating, lighting and electricity, including the necessary lines to the place where the Deliverable is to be installed. The Customer shall confirm in writing that the foregoing and all other conditions for assembly/installation have been fulfilled before DyeMansion commences its work.
10. DyeMansion reserves the right to make partial deliveries.
11. DyeMansion reserves the right to supply a Successor product to the Deliverable ordered which has become available prior to delivery, provided that the successor product meets the agreed specifications and is not more expensive than the Deliverable ordered.
12. Intellectual Property Rights. DyeMansion reserves all intellectual property rights in and to all Deliverables as well as any other development or discovery DyeMansion may make in consummation of the Contract. The Customer's right to use any Deliverables (including Deliverables developed or customized for Customer) shall be non-exclusive, limited to internal business purposes and otherwise only as provided in the Contract and in these Conditions. Customer may not copy hardware Deliverables. The source code of the software will not be delivered unless expressly agreed. System software may only be used together with the system with which, or for which, it has been delivered.
13. Support. With respect to repair, maintenance or other services provided to the Customer on site ("Service(s)"), the following additional terms apply: Services are billed on a time and material basis unless DyeMansion and the Customer have entered into a Contract for recurrent Services providing otherwise. Where such a Contract exists, it shall be the Customer's responsibility to call off the Services. Inspections or tests of a DyeMansion system on site and other efforts in order to prepare a quotation or estimate shall also be considered a Service and are billed on a time and material basis.
Where Services are prevented, inhibited or complicated by Customer's modifications to the system or by insufficient maintenance, care or cleaning of the system by Customer or by any other circumstances from Customer's sphere or where the Customer fails to reasobably support the Services with information or resources or otherwise fails to comply with its obligations, the extra cost and efforts will be billed to the Customer on a time and material basis and DyeMansion may withhold all Services until Customer has expressly acknowledged its obligation to pay such extra cost and efforts.
14. Webshop. DyeMansion (hereinafter also "We") offers registered Customers (hereinafter also "User(s)") the opportunity to place orders through our online order portal (hereinafter referred to as "Web Shop"). The following conditions apply to the use of our Web Shop: Use of the Web Shop is limited to business Customers and requires registration. Product information and offers published in the Web Shop shall not be considered binding offers. They do not constitute guarantees of properties, nor do they obligate us to enter into a Contract. Such information and offers only constitute an invitation to the User to submit offers to form a Contract. All prices quoted in the Web Shop are exclusive of VAT. Sec. 17 shall apply in this respect.
The User's order will become final and binding when the User clicks on the "order with obligation to pay" button at the final stage of the order process. Up to this point Users can edit their order or discontinue the ordering altogether at any time.
After placing the order, Users will first receive a confirmation of receipt ("Confirmation of Receipt"). This Confirmation of Receipt does not yet constitute a confirmation of the order. A binding Contract is only concluded when we separately confirm acceptance of the order ("Order Confirmation"). Users are bound by their order in accordance with Sec. 4 and DyeMansion will either confirm or reject the order within the period stated therein. The password for the User account must be kept strictly confidential and any loss or unauthorized access must be reported immediately. Users are liable to DyeMansion for all orders and uses under their password, unless it can be proven that the password was used by an unauthorized third party without any fault imputable to the User. We reserve all right and title in, and with respect to, all content of our Web Shop (such as images, trademarks etc.). Users may use such content only as required for the legitimate use of the Web Shop as contemplated herein and may not otherwise use or reproduce such content.
When using our Web Shop, all Users are required to refrain from inhibiting or overburdening the technical operation of our Web Shop and/or from negatively affecting use by other users. We consent to the placement of hyperlinks ("links") referring to our Web Shop, provided that (i) the link does not create the false impression of a business connection with – or an endorsement of another's services or business by – DyeMansion, (ii) the link is placed exclusively on the welcome page (no "deep links") (iii) the respective page is displayed in a new window as well as completely and also otherwise makes it clear to the viewer that it is content of DyeMansion (no "frames"). Links, which do not correspond to the aforementioned requirements, are expressly forbidden. As far as we place a link to third-party content, this does not mean that we approve of, or endorse, the third-party content.
We reserve the right to change the conditions for the use of the Web Shop at any time by unilateral notice with proactive effect. The amended conditions will be published in the Web Shop. We reserve the right to change or discontinue the Web Shop at any time without prior notice, or to exclude individual or all users from using it.
15. Confidentiality. The parties mutually agree to keep all confidential technical and commercial information received from the respective other party strictly confidential and to refrain from using any such confidential information except as strictly required to perform the Contract for as long as the information is and remains reasonably confidential. Only information which the recipient can show was already published or known to it at the time of disclosure or that was published later without the fault of the recipient shall be exempted from this clause. Confidential Information may no be disclosed to third parties except for a disclosure to offices, employees or contractors of the recipient or its corporate affiliates (collectively "Personnel") if and to the extent that such Personnel are bound by secrecy obligations and require knowledge of the information to perform the Contract. The parties guarantee that their Personnel are bound by, and shall comply with, a secrecy obligation corresponding to or exceeding the standard set by this clause, which secrecy obligation shall remain in force even after the end of the relationship between the party concerned and its Personnel. The recipient shall notify the owner of any confidential information in the event that it becomes aware that information which the respective other party regards as confidential has become publicly known, or if notes or media containing such confidential information are lost, or if it deems itself legally obligated to provide confidential information to any third party, including courts of law or government entities. This confidentiality clause shall remain in force even after termination of the Contract for as long as the information is and remains reasonably confidential.
16. Acceptance. Where DyeMansion develops a customized color recipe or any other Deliverables requiring acceptance under the Contract or statutory law, the Customer shall confirm acceptance in writing within two weeks if the Deliverable materially conforms to specifications and is free of material non-conformities, Not limiting DyeMansion's claim to receive an acceptance certificate, the Deliverable shall be regarded as accepted where Customer fails to expressly refuse to accept the Deliverable stating all non-conformities which it alleges of which at least one material non-conformity must actually be present, within the aforementioned two week period.
17. Terms of Payment. All invoices shall be paid upon receipt without any deduction, unless otherwise agreed. Customer will be deemed in default with a payment at the latest after expiry of two weeks from (i) the due date and (ii) receipt of DyeMansion's invoice.
18. Value Added Tax shall not be deemed included in the prices quoted by DyeMansion, and, if applicable, it will be shown separately in the invoice at the rate prevailing on the date of the invoice.
19. Price List. Supplies and services not covered by the Contract shall be billed based on the price list prevailing at the time of receipt of the order.
20. The Customer shall not be entitled to set off any of its claims against claims of DyeMansion, except where the Customer's claims are undisputed or have been confirmed by a final court judgment. The foregoing shall also apply to any right of retention under civil or commercial law.
A right or retention may, in any even, only be exercised with respect to counterclaims arising from the same Contract.
The foregoing exclusions shall not apply where claim and counterclaim are legally connected in such way that each obligation must only be fulfilled in consideration of fulfillment of the other.
21. Responsibilities of the Customer. It shall be the Customer's responsibility to comply with any technical guidelines, such as installation requirements, which the manufacturer may have issued, and to provide DyeMansion with all information and assistance which DyeMansion may reasonably require. In the event that DyeMansion identifies to the Customer a third-party service provider, DyeMansion shall not be deemed to have assumed any liability in respect of the performance of such third-party service provider.
22. Limited Remedies for Defects (Warranty). Where Customer has acquired the Deliverable from a reseller, remedies for defects of the Deliverable shall exclusively be asserted vis-á-vis such reseller in accordance with the terms of the agreement between Customer and reseller. In all other cases, the following shall apply:
22.1 In the event of any defect of a Deliverable, including any deviation from agreed specifications and/or any violation of rights of third parties (collectively "Defects") the Customer may exercise its statutory remedies for repair or replacement of the Deliverable, and, only where that fails or in other exceptional cases as provided for in statutory law, withdraw from the Contract or demand a reduction in the agreed price ("Warranty Claims") only subject to the following limitations:
22.2 Any Warranty Claims shall be excluded unless the Defect in question substantially limits the suitability of the Deliverable for the agreed purpose.
22.3 The Customer shall inspect any Deliverables and notify DyeMansion of any defects or deviations thereof immediately after delivery. In the absence of such immediate notice, the Customer shall be deemed to have consented to any deviations of the Deliverables that could have been detected, in particular, without limitation, (a) defects, or (b) delivery of (i) a quantity or (ii) a product other than agreed. The notice shall in particular not be deemed immediate if it is received more than 7 days after delivery. Where DyeMansion has undertaken assembly/installation of the Deliverable this shall replace delivery as the starting point of the aforementioned periods.
22.4 DyeMansion reserves the right to decide whether to repair or to replace any Deliverable which should prove to be defective. If DyeMansion fails to exercise such right within a reasonable time limit set by Customer, such right shall pass to Customer. DyeMansion reserves – also in work contracts – at least two attempts at such repair or replacement, except where this should unduly prejudice Customer in individual cases. Where DyeMansion replaces a defective Deliverable, the Customer shall return the defective Deliverable to DyeMansion and compensate prior use of such Deliverable.
22.5 Furthermore any Warranty Claims shall be excluded to the extent that the Customer (a) uses the Deliverable for any purpose other than the contractual purpose or in violation of the relevant statutory requirements and/or any guidelines issued by the manufacturer; or (b) either (i) modifies the Deliverable or (ii) uses of the Deliverable in connection with any hardware or software not approved by the manufacturer of the Deliverable for such purpose, unless, in each case, the Customer has obtained DyeMansion's prior written consent, and except, in each case, where the foregoing circumstances did not cause the Defect.
23. Recourse: The Deliverables are not intended to be distributed to Consumers as defined in statutory law.
Where Deliverables are sold or distributed to third parties, DyeMansion shall be liable for third party claims against the Customer and/or Customer's cost or efforts for providing warranty services to its own customers in the event of a non-conformity only if and to the extent that DyeMansion cannot establish that such non-conformity was not due to negligence imputable to DyeMansion and only within the limits of Sec. 0. The foregoing shall not limit DyeMansion's obligation to repair or replace the Deliverable in accordance with the warranty provisions. All of the foregoing claims shall be subject to the limitation periods agreed in Sec. 0. More extensive claims under §§ 439, 445a/b, 478 or 635 of the German Civil Code are disclaimed.
24. Limitations for Technical Reasons: The following limitations apply to DyeMansion's Deliverables due to the technology used in DyeMansion's products and coloring service: DyeMansion's colors are not food compatible. The final color as well as the compatability, fastness and stabililty (skin compatibility, cytotoxity, rub fastness, chemical stability, UV stability and other properties) of the colors will be materially influenced by the properties of the part to be colored and also by other factors. DyeMansion can therefore neither warrant specific properties of the end result nor exclude color deviations or differences between different batches. Deviations within normal tolerances will not give rise to any remedies in warranty. Customer is responsible to test desired properties by building reference parts prior to coloring serial parts. If the Customer requires specification of maximum color tolerances, these can be defined in a joint project based on test production of colored reference samples. DyeMansion may also provide results conducted on individual color applications in the past for reference, but these may not be representative for Customer's color application.
25. DyeMansion shall not be deemed to have guaranteed certain properties of the Deliverables except if it has expressly confirmed such guarantee. The manufacturer's warranty issued with any Deliverable shall not be deemed a guarantee of certain properties unless it expressly states otherwise.
26. Liability. DyeMansion shall be liable in damages, whether based on contract or any other legal theory, only to the extent that the damage was caused by gross negligence or willful misconduct imputable to DyeMansion.
26.1. In the event of death of a natural person or personal injury to the latter, DyeMansion shall be liable also for slight negligence in accordance with statutory law. In addition, DyeMansion shall also be liable in accordance with statutory law for a slightly negligent violation of a fundamental duty under the Contract, but such liability shall be limited to such damage as DyeMansion could have reasonably foreseen at the time of signing of the Contract.
26.2. Fundamental duties as used herein comprises all duties which must be fulfilled by DyeMansion in order to enable consummation of the Contract and the achievement of its purposes and fulfillment of which the Customer may reasonably expect in view of the content and purposes of the Contract such as the duty to consummate the Contract in a timely manner and a manner which does not endanger the life or health or personal property of Customer and its personnel.
26.3. DyeMansion's liability shall cover neither damage caused by the loss of data to the extent such loss could have been avoided by reasonable regular back-up, nor damage caused by using any Deliverables which could have been prevented by examination of the work products of such Deliverable at regular intervals.
26.4. Limitations on DyeMansion's liability agreed in the Contract or these Conditions shall apply also to the personal liability of DyeMansion's officers, employees or agents.
26.5. Where Deliverables are provided free of cost, e.g. demo software, DyeMansion's liability shall be further limited, and DyeMansion shall be liable for damages based on gross negligence or willful misconduct imputable to DyeMansion and/or fraudulent concealment of defects only.
26.6. Any mandatory liability under the Product Liability Act and/or arising from a guarantee of properties shall remain unaffected.
26.7. This Sec. 0 shall not be construed to shift the statutory burden of proof in any way.
27. Limitation Period. Remedies for Defects, including but not limited to the right to withdraw from the Contract, shall be subject to a limitation period of twelve months for newly manufactured Deliverables and six months for used Deliverables. The foregoing limitation period shall also apply to claims for indemnification or damages, in particular incidental or consequential damages, based on Defect.
However, all remedies based on:
fraudulent concealment of defects or
Deliverables designed to be incorporated into a building, so incorporated and having caused such building to be defective or
gross negligence, willful misconduct or the death of a natural person or personal injury to the latter, caused by negligence or willful misconduct
based on guarantees of properties and/or the statutory recourse and the right to withdraw from the Contract based on a breach imputable to DyeMansion other than a Defect shall be subject to the applicable statutory limitation periods.
The limitation periods shall begin on the date specified by the statute. Where DyeMansion repairs or replaces a Deliverable or attempts to do so, such repair or replacement shall not effect a renewal of the limitation period for the Customer's Warranty Claims with respect to the repaired Deliverable (including spare parts or units used for the repair) or a replacement product. Notwithstanding the repair or replacement, such Warranty Claims shall be subject to a limitation period equivalent to the remaining limitation period applicable to the original Deliverable, except that such limitation period shall not expire earlier than three months after the conclusion of the repair or replacement or DyeMansion's refusal to undertake further attempts at such repair or replacement.
28. Retention of Title. Until payment in full of the purchase price by the Customer, DyeMansion shall retain title to the Deliverables ("Reserved Deliverables"). The Customer shall advise DyeMansion without any delay of any attachments of any such Reserved Deliverables, in particular of any judicial execution measures or any other seizures, as well as of any damage suffered by such Reserved Deliverables. In the event that any Reserved Deliverable is shipped to or used in a country where this Retention of Title Clause is not fully valid and enforceable, the Customer shall provide DyeMansion with equivalent security.
29. Title in Replaced Parts: Where DyeMansion replaces parts or components in the context of warranty services, services under a manufacturer's warranty or other services (such as maintenance or repair), Customer shall be obligated to hand over all replaced parts to DyeMansion and transfer title to such parts to DyeMansion.
30. Export. The Customer agrees to refrain from exporting any Deliverables and technical information received from DyeMansion, except in the event that all relevant export regulations in force in its country of residence as well as in the United States of America are observed, and the Customer shall impose this obligation also on its customers, without prejudice to the other provisions of the Contract or these Conditions.
31. Banned Activities Policy. DyeMansion maintains a Policy on the Observation and Exclusion of Business Partners ("Banned Activities Policy") which is accessible on its website. By entering into a Contract, the [Supplier/Customer] represents and warrants that it is not engaged in, or associated with, any activities required to be disclosed under the terms of the Banned Activities Policy, and […that Supplier has taken measures to reasonably ensure that, throughout the supply chain, no direct or indirect supplier has engaged in any such activities / … that Customer will not knowingly pass on products or technology provided by or for DyeMansion to any entity or person engaged in such activities, and undertakes to take measures to reasonably ensure that products or technology provided by or for DyeMansion will not be used for any such activities.]
32. Subcontractors. DyeMansion may make use of subcontractors to perform any of its obligations under the Contract or these Conditions, provided that the use of any such subcontractors shall not limit or restrict DyeMansion's obligations towards the Customer.
33. Notices. Any notices, declarations or waivers which may be declared or made pursuant to the Contract or these Conditions shall be valid only if they are in writing.
34. No Assignment. The Customer shall not be entitled to assign its rights under the Contract – except for claims for payment – to any third party without DyeMansion's prior written consent, which consent shall not be unreasonably withheld.
35. Severability. Should one or more of the provisions of the Contract or these Conditions be or become invalid or unenforceable, the validity and enforceability of the other provisions hereof shall not be affected.
36. Place of performance for all obligations under the Contract shall be at Planegg, Germany.
37. Governing Law. The Contract and these Conditions shall be subject to the laws of the Federal Republic of Germany. The United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply.
38. Jurisdiction. All disputes arising under or in connection with Contract and/or these Conditions shall be submitted exclusively to the courts having jurisdiction at the corporate seat of DyeMansion to the extent that the Customer is a commercial entity or a public law corporation, or a public law fund or trust. DyeMansion shall in any event be entitled, at its discretion, alternatively to take legal action against the Customer in the courts having general personal jurisdiction over the Customer.
39. Language: The English text version of these Conditions is for information purposes
Status 06/2022
FOR SUPPLIES AND SERVICS
1. Scope. These General Terms and Conditions shall apply to all goods, services andlicenses of any kind provided by DyeMansion North America Inc., 4020 S Industrial Dr #160, Austin, TX 78744, USA ("DyeMansion") to ("Customer"). DyeMansion and the Customer have entered into a contract of sale or goods and/or a service, license and/or other agreement (hereafter referred to as "Contract"), these General Terms and Conditions shall apply to such Contract between the parties.
DyeMansion provides services and goods, i.e. products, rights, licenses, or tangible or intangible works (hereinafter collectively "Goods"), which are the subject matter of the Contract.
2. No Other Terms and Conditions. These General Terms and Conditions constitutes the entire understanding of the parties and supersedes all prior discussions, negotiations, agreements and understandings, whether oral or written, with respect to the Contract. No change or modification of General Terms and Conditions shall be valid and legally binding unless it such modifications are in writing and signed by all the parties to these General Terms and Conditions.
3. Quotations Any quotations which DyeMansion may provide pursuant to any Customer orders under the Contract shall not be binding on DyeMansion.
4. Order confirmations. DyeMansion has an absolute right to accept or reject any orders from Customer under the Contract, and orders shall not be deemed accepted until and unless DyeMansion confirms acceptance in writing of the Customer's order.
5. Technical specifications. The Customer shall refrain from using for any purpose unrelated to the Contract, copying and making available to third parties any technical specifications, drawings, quotations and calculations which the Customer may receive from DyeMansion, in particular in connection with the negotiation or the performance of the Contract or any order under the Contract. DyeMansion reserves the copyright and other rights in such materials. In the event that the Customer violates the foregoing obligation, DyeMansion shall be entitled to request immediate release and delivery of such materials.
6. Change requests. If Customer requests a Change to the Contract, DyeMansion will reasonably attempt to accommodate this request provided that the Customer will bear all extra cost and effort caused by the change. No change or modification of Contract shall be valid and legally binding unless if such modifications are in writing and signed by all the parties to the Contract.
7. Terms of Delivery. All orders for Goods by Customer accepted by DyeMansion shall be delivered according to the terms of delivery for such order, which shall be in writing and included in DyeMansion's quotations and/or DyeMansion's written confirmation accepting Customer's order.
8. Deliver date. Time shall not be regarded to be of the essence for any order unless expressly agreed to in writing by the parties. No delivery date shall be binding on DyeMansion unless such delivery date has been expressly confirmed in writing as "binding".
9. Assembly or installations. Where deliverable Goods require assembly or installation, this shall be the Customer's responsibility. Where DyeMansion has expressly assumed responsibility for the assembly/installation of Goods in writing, the Customer shall provide at its own cost and in a timely manner the following:
(a) all necessary support staff, including skilled personnel for electric installations and/or water facilities, if required;
(b) all mechanical devices required for the assembly/installation, including lifting devices, and fuel;
(c) heating, lighting and electricity, including the necessary lines to the place where the Deliverable is to be installed. The Customer shall confirm in writing that the foregoing and all other conditions for assembly/installation have been fulfilled before DyeMansion commences its work.
10. Partial deliveries. DyeMansion reserves the right to make partial deliveries to Customer for orders under the Contract.
11. Successor and Substitute Goods. DyeMansion reserves the right to supply successor or substitute Goods to the Customer for any Order(s) under the Contract accepted by DyeMansion, provided that the successor or substitute product meets the agreed specifications, as determined in the sole discretion of DyeMansion, and such successor or substitute Good is not more expensive than the Good ordered by Customer.
12. Intellectual Property Rights. DyeMansion reserves all intellectual property rights in and to all Goods and Services as well as any other invention, development or discovery by DyeMansion during performance of the Contract.
The Customer's right to use any Goods (including Goods developed or customized for Customer) shall be non-exclusive, limited to Customer's internal business purposes and otherwise only as provided in the Contract and in these General Terms and Conditions. Customer may not copy or use any intellectual property of DyeMasion without prior authorization.
The source code for any software is expressley outside the scope of Goods to be delivered to Customer for any order under the Contract unless expressly agreed to in writing by DyeMansion. Software provided by DyeMansion pursuant to any order under the Contract may only be used by Customer together with the Good(s) with which, or for which, such software has been provided under pursuant to said order under the Contract.
13. Support. With respect to repair, maintenance or other services provided to the Customer on site ("Service(s)"), the following additional terms shall apply and control:
DyeMansion's Services shall be billed to Customer on a time and material basis at DyeMansion's standard billable rate, unless DyeMansion and the Customer have entered into a separate written agreement for such Services to supersede these General Terms and Conditions.
Inspections or tests of any DyeMansion Good(s) on Customer's site and other efforts in order to prepare a quotation or estimate shall also be considered a Service and shalle be billed to Customer on a time and material basis, at DyeMansion's standard billable rate.
Where Services are prevented, inhibited or complicated by any modifications to DyeMansion's Goods or by insufficient maintenance, care or cleaning of the Goods or by any other circumstances or where the Customer fails to reasonably support DyeMansion's performance of Services with information or resources or otherwise fails to comply with its obligations, the extra cost and efforts shall be billed to the Customer on a time and material basis at DyeMansion's standard billable rate, and DyeMansion may withhold all Services until Customer has expressly acknowledged its obligation to pay such extra cost and efforts.
14. Confidentiality. The parties mutually agree to keep all confidential technical and commercial information received from the respective other party strictly confidential and to refrain from using any such confidential information except as strictly required to perform the Contract for as long as the information is and remains reasonably confidential. Only information which the recipient can show was already published or known to it at the time of disclosure or that was published later without the fault of the recipient shall be exempted from this clause. Confidential Information may not be disclosed to third parties except for a disclosure to offices, employees or contractors of the recipient or its corporate affiliates (collectively "Personnel") if and to the extent that such Personnel are bound by secrecy obligations and require knowledge of the information to perform the Contract. The parties guarantee that their Personnel are bound by, and shall comply with, a secrecy obligation corresponding to or exceeding the standard set by this clause, which secrecy obligation shall remain in force even after the end of the relationship between the party concerned and its Personnel. The recipient shall notify the owner of any confidential information in the event that it becomes aware that information which the respective other party regards as confidential has become publicly known, or if notes or media containing such confidential information are lost, or if it deems itself legally obligated to provide confidential information to any third party, including courts of law or government entities. This confidentiality clause shall remain in force even after termination of the Contract for as long as the information is and remains reasonably confidential.
15. Acceptance. Where DyeMansion develops customized Goods or any other Goods requiring acceptance under the Contract, these General Terms and Conditions or statutory law, the Customer shall confirm acceptance in writing within two weeks if the Goods materially conform to specifications and is free of material non-conformities.
Not limiting DyeMansion's claim to receive an acceptance certificate, the Goods shall be deemed accepted where Customer fails to expressly refuse to accept the Goods stating all non-conformities which it alleges of which at least one material non- conformity must actually be present, within the aforementioned two week period.
16. Terms of Payment. All invoices shall be paid upon receipt without any deduction, unless otherwise agreed in writing by DyeMansion. Customer agrees 50% of the total price shall be due at the time of Customer's order and 50% shall be due after shipment.
18. Right of Retention. The Customer shall not be entitled to deduct or withhold any amounts owed to DyeMansion for any reason, except where DyeMansion has agreed in writing or such amounts are supported by a final court judgment. The foregoing shall also apply to any right of retention under civil or commercial law.
A right or retention may, in any event, only be exercised with respect to counterclaims arising from the same contract.
The foregoing exclusions shall not apply where claim and counterclaim are legally connected in such way that each obligation must only be fulfilled in consideration of fulfilment of the other.
20. Limited Remedies for Defects (Warranty). Where Customer has acquired the Goods from a reseller, remedies for defects of the Goods shall exclusively be asserted vis-á- vis such reseller in accordance with the terms of the agreement between Customer and reseller. In all other cases, the following shall apply:
In the event of any defect of any Good, including any deviation from agreed specifications (collectively "Defects") the Customer may exercise its statutory remedies for repair or replacement of such a Good, and, only where that fails or in other exceptional cases as provided for in statutory law, withdraw from the Contract or demand a reduction in the agreed price ("Warranty Claims") only subject to the following limitations:
20.1 Any Warranty Claims shall be excluded unless the Defect in question substantially limits the suitability of the Good for the agreed purpose to be determined in the description of DyeMansion.
20.2 The Customer shall inspect all Goods and notify DyeMansion of any Defects immediately after delivery. In the absence of such immediate notice, the Customer shall be deemed to have consented to any Defects of the Goods that could have been detected, in particular, without limitation, (a) deviation from agreed specification of the Good(s), or (b) delivery of (i) a quantity or (ii) a Good other than agreed. The notice shall in particular not be deemed immediate if it is received more than 7 days after delivery, or more than 7 days after assembly/installation where DyeMansion has undertaken assembly/installation of the Goods.
20.3 DyeMansion reserves the right to decide whether to repair or to replace any Goods which should prove to be defective.
Where DyeMansion replaces a defective Good, the Customer shall return the defective Good to DyeMansion and compensate DyeMansion for prior use of such Good with the amount of compensation to be determined in DyeMansion's sole discretion.
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Running out of time to get well, Eagles season likely on the line in London
Oct 26, 2018 | 9:30 AM
With a couple of breaks and/or more plays executed, Philadelphia Eagles coach Doug Pederson reminded everyone last Monday, his team could be 6-1 instead of 3-4.
Perhaps the coach and his players should look at it more realistically: that they probably could more easily be 1-6 had they not made plays to keep Indianapolis and Atlanta out of their end zone in the closing seconds of those harrowing victories in September.
Carson Wentz participates in an NFL Flag event Friday for local schoolchildren after practicing at the London Irish rugby team training ground in the Sunbury-on-Thames suburb in southwest London. (Matt Dunham/AP)
At best, the Eagles have won some they should have lost and lost some they should have won, which puts them right where they deserve to be against the host Jacksonville Jaguars (3-4) Sunday morning at London's Wembley Stadium (9:30 a.m., NFL Network and locally on 6ABC).
Where to watch Eagles-Jaguars in London (in the Lehigh Valley): Bar food for breakfast, anyone?
Chickie's & Pete's, PJ Whelihan's, Copperhead Grille, and Big Woody's will be the area sports bars opening their doors in the Lehigh Valley for fans to watch the Eagles-Jags game from London on Sunday morning.
By Stephanie Sigafoos
This will mark the first regular-season game the Eagles play outside the country in franchise history. This also will be perhaps their most crucial game of the season, considering they're 3-4 and fading fast in an unusually strong NFC and have road games remaining against the undefeated Los Angeles Rams and once-beaten New Orleans Saints and a home game against the red-hot Houston Texans, who have won five in a row after an 0-3 start.
What it all means is that getting to the magic number of 10 wins is going to be essentially impossible if they don't sweep their five remaining NFC East games and take care of the equally reeling but talented Jaguars in this contest.
[More Sports] Eagles need to do what it takes to satisfy Malcolm Jenkins »
For a team that's been ravaged by injuries, that won't be easy. The Eagles should expect every game to be a struggle the rest of the way, which could help them if they prevail in enough of them to make it back to the playoffs.
On the other hand, they have to be made to understand that they can't lose any more games like this one, in which they're favored. Actually, they haven't been an underdog yet.
Overcoming a team like Jacksonville could be a little less difficult on Sunday because the Jaguars are just as banged-up as the Eagles, if not more.
Two of their top three cornerbacks, starter A.J. Bouye and Tyler Patmon, did not even make the trip. Another corner, D.J. Hayden, who likely would start in Bouye's place, couldn't practice on Thursday because of turf toe. Defensive end Calaise Campbell is battling through nagging ankle and hip injuries. And starting tight end James O'Shaughnessy (hip) didn't practice at all on Thursday after being limited the day before.
[More Sports] Andy Reid returns to the Super Bowl, where he will lead Chiefs against the 49ers »
But the Jags are in desperation mode too, and they still have a lot of talent on that defense, including defensive ends Yannick Ngakoue and Dante Fowler, defensive tackles Marcell Dareus and Malik Jackson, and linebackers Myles Jack and Telvin Smith.
For a team like the Eagles that has struggled to score all season, the Jags present difficult matchups all around.
Though the Jags have struggled to score, they feature scary speed on offense in wide receivers Dede Westbrook, Keelan Cole, Donte Moncrief and D.J. Chark. All are averaging more than 13 yards per catch.
Complicating things is how shorthanded the Eagles continue to be at certain positions, like running back, defensive line and defensive back.
[More Sports] Eagles free agent targets: WRs, CBs, LBs ... and maybe a DE »
Coach Doug Pederson said Friday that a decision on defensive tackle Haloti Ngata (questionable, calf) probably won't be made until they have to name their inactives 90 minutes before kickoff.
But linebacker Nathan Gerry (ankle, knee), running back Darren Sproles (hamstring), cornerback Sidney Jones (hamstring) and safety Corey Graham (hamstring) have already been ruled out.
What Pederson is encouraged about is the bonding process that takes place on extended road trips like this.
Last season, they spent an entire weekend in Los Angeles immediately after having a nine-game winning streak snapped at Seattle and then were able to prevail in a game against the Rams that was filled with adversity: most notably having a blocked punt returned for a touchdown and losing quarterback Carson Wentz for the season with a torn ACL.
[More Sports] For quiet Eagles' rookies, it's wait till next year »
Pederson talked before practice on Friday in London about his hope for the same dynamic to come into play again this week, a time of obvious crisis.
"I think the biggest thing is just that we're all together," Pederson said. "We're not scattered out like if we're in Philly or back home. But in L.A. we were all together. Here we're all together and it's just us. So that kind of brings you together just a little bit, and guys get to hang out if they decide to do something later today or tomorrow.
"I think it's important that they bond that way. They talk about being family, they talk about brotherhood and all that kind of stuff. Well, this is just evident of that."
The Jags could be looking at the same thing, however, and they're used to it because they travel to London for a home game every year.
[More Sports] Eagles bring back Connor Barwin as special assistant to the general manager »
What the Eagles have been trying to do all week is push those potential disadvantages to the side and just concentrate on the game itself.
To that end, it comes down to the smaller details, including focusing on a practice almost immediately after stepping off the plane on Friday, according to linebacker Nigel Bradham.
"It is what it is," Bradham said. "We can't do anything about it. We've got to attack the situation. … We'll be ready for the game."
Doug Pederson
National Football Conference
Most Read • Eagles
Eagles free agent targets: WRs, CBs, LBs ... and maybe a DE

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More in News - Marathon Man - Changing the Jewish Narrative - Mystery Donor - European Chabad On Campus Reps Gather For Conference - Stranded In Halifax, El Al Passengers Spend Shabbat With Chabad - Monday is CTeen's Kippah Day: Answer to anti-Semitism
Editorial: Decoding a "Fleeting Chirp"
by Rabbi Yehuda Krinsky - Chabad Headquarters
Rabbi Yehoshua ben Levi said: Each and every day heavenly voice goes out from Mount Horeb… (Pirkei Avot 6:2)
On September 14, 2015, (on the first day of Rosh Hashanah), a team of scientists detected and recorded a sound emanating from two colliding black holes in the cosmos, 1.3 billion light-years away from earth. This development, reported this past February, is now regarded as one of the greatest observations in modern scientific history.
This "fleeting chirp," as scientists described it, was picked up by the highly sophisticated and extremely sensitive Laser Interferometer Gravitational-Wave Observatory (LIGO) in two mammoth detectors in two complex tunnels located in the United States. The group's director commented, "We have been deaf, but now we can hear them." Never before was audible sound detected from these celestial collisions.
Simply stated: Science has now discerned and confirmed that emanating gravitational forces caused by collisions trillions of light-years away can reach us here on earth, and has proven that these forces cause an actual ripple effect on space and time as we know it.
The Baal Shem Tov, said the Rebbe, taught us to derive lessons in our Divine service of G-d from everything we see and hear. What might be the lesson to us in this extraordinary finding?
The Torah describes the Divine voice at Sinai as "kol gadol v'lo yasaf," a powerful voice that never ceases. G-d's voice constantly emanates from Sinai, reverberating throughout the entire universe and through the generations to this very day.
Every moment of every day, G-d's voice calls out to mankind to fulfill the purpose of creation through the process begun at Sinai.
The Revelation at Sinai was a one-time event, but the force of G-d's voice, we are taught, still calls out to each of us. But who hears this Heavenly voice?
Chasidut teaches that we experience this voice whenever we are unexpectedly moved—intellectually or emotionally—to do good.
The impulse to do a mitzvah, to perform an act of kindness, to refine our character, is a manifestation of G-d calling out to us from Sinai.
On Purim, our sages say, the Jewish people collectively ratified the revelation at Sinai (Shabbat 88a). For on Purim they heard and received the words spoken at Sinai, of their own free will. Inasmuch as the festival is a day of partying, it is thus also a day of spiritual awakening.
We are, each of us, endowed with highly sensitive and sophisticated instruments. The mind, the heart, the soul beckon us to tune in to that higher frequency that emanates from Sinai. It is, to use the new scientific findings as a metaphor, G-d's "gravitational" pull reaching out to us. And it creates ripples in our lives, in times and places as we really know them.
We need to hear and hold on to that "fleeting chirp." To listen to its message, and allow ourselves to be moved, mind and heart and soul, to fulfill our greatest potential as human beings created to fulfill nothing less than G-d's cosmic plan.
Wishing you a very joyous and inspiring Purim!
Do the math: One light-year is 5.88 trillion miles. The above mentioned sound, the "fleeting chirp," was now heard from a distance of 1.3 billion light-years x 5.88 trillion miles away. "Ma gadlu maasecha Hashem." (Psalms 92:6)
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Jeremy Cooper, 26, is "running" a marathon, leining every Shabbat for the next 1,000 weeks. Weekday mornings, the Columbia University MBA candidate will get his leining fix at Chabad of the Upper West Side or some other minyan in the city. Cooper's a newlywed, and he loves traveling with his wife Ellen, but he will never plan a weekend getaway unless he's secured a leining gig.
Boruch Werdiger | Monday, January 20
Changing the Jewish Narrative
For many, Belgrade's Jewish community is defined by the tragedy of the Holocaust. But as a new movement devoted to changing the narrative grows, the city's Jews are discovering the joys of a vibrant, sustainable Jewish experience.
Baila Olidort | Thursday, January 16
Mystery Donor
As Chabad events gained popularity, the Kaminetzkys' rented apartment began to shrink. It was time to move forward. But with a weak economy and a community that struggles to get by, the prospects were dim.
Baila Olidort | Wednesday, January 15
European Chabad On Campus Reps Gather For Conference
Chabad representatives serving twenty university campuses Europe-wide met up in London last weekend for Chabad on Campus Europe's annual conference
Ashira Weiss | Tuesday, January 14
Stranded In Halifax, El Al Passengers Spend Shabbat With Chabad
Flight attendants started running, there was a definite smell of smoke and suddenly the flight path screens showed the plane making a u-turn. It was just after 11pm last Thursday when the pilot declared an emergency on El Al flight 26 that was supposed to fly non-stop from Newark, New Jersey to Tel Aviv, Israel.
Ashira Weiss | Monday, January 13
Do We Need Anti-Semitism To Keep Us Jewish?
Swados asked the Rebbe whether it was his opinion, then, "that the tragedy was not a unique visitation upon the Jewish people, and that it could happen again?" chabad
Baila Olidort | Tuesday, December 31
Texas Chabad 'Mom' Receives "Be Remarkable" Award
Manya Lazaroff, director of Chabad at Texas A&M University, was caught by surprise. She was in the middle of a meeting when a crew from KBTX-TV arrived at the Rohr Chabad Jewish Center to present her with the 'Be Remarkable' award.
Ashira Weiss | Monday, January 6
A Little Boy Who Lit up His Town
"Why is there no menorah in Chadwick Lake Park next to the tree?" five-year-old Brandon asked. His Dad was impressed by the kid's thoughtfulness, but the question had him stumped.
Ashira Weiss | Wednesday, December 25
Jerusalem, A City of Peace
This Sunday (July 1) is the 17th of Tammuz, a day of fasting and prayer that commemorates the destruction of Jerusalem. Rabbi Yehuda Krinsky, Chairman of the Chabad-Lubavitch branch of Educational/Social Services, shares the significance of the relocation of the U.S. embassy to Jerusalem, from a biblical perspective.
Rabbi Yehuda Krinsky | Thursday, June 28
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text:
\section{Introduction}
Grain-boundary grooving occurs in all poly\-crystalline materials at the intersection between the grain-boundary and the interface or free surface. Grooving has been extensively studied theoretically.~\cite{Bailey-PPSB-50, Mullins-JAP-57, srol-JAP-86-I, miller-JMR-90, Genin-acta-93, thouless-acta-93, Ramasubramaniam-acta_mat-05, Xin-acta_mat-03, Zhang-acta_mat-04} It is a well known cause of agglomeration in thin films: if the groove becomes deep enough, the grains can become separate.~\cite{Srol-JOM-95}
Agglomeration therefore occurs when the height of the grain-boundary, $h$ in Fig.~\ref{fig-schematic}, reaches zero. The initial thickness of the film thus determines its stability.

At equilibrium, the shape of the interface must correspond to a constant chemical potential. Therefore, the interface is generally an arc of a circle at equilibrium. However, anisotropy of the interface energy, strain, or compositional inhomogeneities can affect the chemical potential and the interface may not be an arc of a circle in such cases.
For instance, the interface between a polycrystalline metal germano\-silicide thin film and the substrate is not an arc of a circle, unlike in metal silicides and germanides.~\cite{Aubry-JAP-02, Yao-05}

Grain-boundary grooving in the context of faceted interfaces has attracted some attention.~\cite{Ramasubramaniam-acta_mat-05, Xin-acta_mat-03, Zhang-acta_mat-04} However, these works did not consider the case of thin films and the consequences on agglomeration of the shape of the interface.
In this Letter, we compare the agglomeration of thin films with rounded  and faceted interfaces, depicted in Fig.~\ref{fig-schematic} (the system studied is two-dimensional). By `rounded' we specifically mean that the interface is an arc of a circle.

\begin{figure}
\centering
    \includegraphics[width=8.5cm]{schematic}
\caption{\label{fig-schematic} A rounded grain and a polygonal grain.
}
\end{figure}

The `volume' of a grain with an interface which is an arc of a circle is
\begin{equation*}
	V\ensuremath{_\mathrm{circ}} = \left(\pi-2\theta-\sin2\theta\right) {r^2}/{2} + h\,w,
\end{equation*}
\noindent where $r$ is the radius of curvature of the interface. Since mass is conserved, $V\ensuremath{_\mathrm{circ}}$ is also equal to its initial value, $w\,h\ensuremath{_0}$, where $h\ensuremath{_0}$ is the initial film thickness. As $\cos\theta=(w/2)/r$, one can write $V\ensuremath{_\mathrm{circ}}$ as a function of $\theta$:
\begin{equation*}
	\frac{V\ensuremath{_\mathrm{circ}}}{w^2}= \frac{h\ensuremath{_0}}{w} =\frac{\pi-2\theta-\sin2\theta}{8\cos^2\theta} + \frac{h}{w}.
	\label{def-V_iso}
\end{equation*}

Thinner films and larger grains are more prone to agglomeration. Under given experimental conditions and for a given grain size, there is a minimum thickness for the continuous film to be stable. We call $h\ensuremath{_\mathrm{circ}}$ the minimum value of the initial film thickness to avoid agglomeration of a grain with an interface which is an arc of a circle,
\begin{equation}
	\frac{h\ensuremath{_\mathrm{circ}}}{w}=\frac{\pi-2\theta-\sin2\theta}{8\cos^2\theta}.
	\label{def-h_iso}
\end{equation}
\noindent
$h\ensuremath{_\mathrm{circ}}$ depends on a single parameter: the groove angle $\theta$.

In the case of a polygonal grain,
\noindent the minimum value of the initial film thickness to avoid agglomeration is
\begin{equation}
	\frac{h\ensuremath{_\mathrm{poly}}}{w} = \frac{1}{4\tan\theta} \left[ 1 - \left(\frac{\ell}{w} \right)^{\!2} \right]\!,
	\label{def-h_facet}
\end{equation}
\noindent where the length $\ell$ is obtained by minimizing the total interface energy, $\gamma\ensuremath{_\mathrm{gb}}\,h + \gamma_1\,\ell +\gamma_2 \, {(w-\ell)}/{\sin\theta}$, under constraint of mass conservation.\footnote{If annealing ends before the equilibrium grain shape has been reached, the groove has not reached its equilibrium depth yet. Equations~(\ref{def-h_iso}) and~(\ref{def-h_facet}) are thus upper bounds: thicker films are always stable but some thinner films may not agglomerate at short annealing times.}
It gives
\begin{equation}
	\ell = \lambda \, w,
	\label{def-ell}
\end{equation}
with
\begin{equation}
	\lambda=\frac{1-\gamma_1/\gamma_2\,\sin\theta}{\cos\theta\,\cos\theta_0}
		\text{\quad and \quad}
	\cos\theta_0 = \frac{\gamma\ensuremath{_\mathrm{gb}}}{2\gamma\ensuremath{_\mathrm{i}}}.
	\label{def-R}
\end{equation}
\noindent $\lambda$ is the fraction of the grain width with energy $\gamma_1$. Note that $h\ensuremath{_\mathrm{poly}}$ depends on three parameters: the groove angle $\theta$ and the energy ratios $\gamma\ensuremath{_\mathrm{gb}}/(2\gamma\ensuremath{_\mathrm{i}})$ and $\gamma_1/\gamma_2$.

In Eqs.~(\ref{def-h_facet}) and~(\ref{def-R}), $\theta$ is the angle between the facet and the grain-boundary. If the facet does not reach the grain-boundary (as shown for instance in Fig.~1(b) of Ref.~\onlinecite{Ramasubramaniam-acta_mat-05}) then $\theta$ is not the angle between the tangent to the interface and the grain-boundary but the angle between the facet and the grain-boundary. In what follows we assume that there is no such `rough' region or that it is small.

In the case of a rounded grain, the dihedral angle $\theta$ is set by the equilibrium of the grain-boundary and interface tensions~\cite{Bailey-PPSB-50, Mullins-JAP-57}
\begin{equation}
	\cos\theta=\frac{\gamma\ensuremath{_\mathrm{gb}}}{2\gamma\ensuremath{_\mathrm{i}}}.
	\label{def-theta}
\end{equation}
\noindent If the interface energy of polygonal grains is weakly anisotropic, the angle $\theta$ is set by the ratio of $\gamma\ensuremath{_\mathrm{gb}}$ and $\gamma_2$ in the fashion of Eq.~(\ref{def-theta}). However, if the interface energy is strongly anisotropic the angle cannot change continuously, only some particular angles can exist.\cite{Wulff-1901, Ramasubramaniam-acta_mat-05, Xin-acta_mat-03, Zhang-acta_mat-04} Also, if the facet does not reach the groove root, its angle with respect to the grain-boundary cannot depend on the grain-boundary energy. In such cases, the angle~$\theta$ is not necessarily equal to the ratio of energies~$\theta_0$.
We will consider these two possibilities: (i) the angle is set by the ratio of energies, $\theta=\theta_0$, and (ii) the angle is independent of this ratio, $\theta \ne \theta_0$.

\begin{figure}
\centering
\includegraphics[width=8.5cm]{ratio}
\caption{\label{fig-ratio}The ratio of $h\ensuremath{_\mathrm{poly}}$, the critical thickness for agglomeration of faceted grains, to $h\ensuremath{_\mathrm{circ}}$, the critical thickness for agglomeration of rounded grains, as a function of the dihedral angle~$\theta$, for $\theta = \theta_0$.
Dotted line: $\gamma_1=0.95\,\gamma_2$; solid line: $\gamma_1=\gamma_2$; dashed line: $\gamma_1=1.05\,\gamma_2$. At the arrow, $\ell=0$.}
\end{figure}

Figure~\ref{fig-ratio} shows $h\ensuremath{_\mathrm{poly}}/h\ensuremath{_\mathrm{circ}}$ as a function of the angle $\theta$ if $\theta=\theta_0$. If $\gamma_1 = \gamma_2$ (solid line), ${h\ensuremath{_\mathrm{poly}}}/{h\ensuremath{_\mathrm{circ}}} \approx {9}/{8} > 1$. A polygonal film is less stable than a rounded film (it needs to be thicker to avoid agglomeration). Since all interface energies $\gamma\ensuremath{_\mathrm{i}}$, $\gamma_1$, and $\gamma_2$ are equal, this is a purely geometrical effect.
If $\gamma_1>\gamma_2$, polygonal grains are even more prone to agglomeration: a polygonal film needs to be about 40\% thicker than a rounded film to avoid agglomerating if $\gamma_1$ is larger than $\gamma_2$ by as little as 5\% (dashed line in Fig.~\ref{fig-ratio}). In this case, it is favorable for the grain to be `pointier' in order to reduce the amount of interface with the relatively large energy, $\gamma_1$. This favors agglomeration.
If $\gamma_1<\gamma_2$, on the other hand, polygonal grains are more stable than rounded grains (dotted line in Fig.~\ref{fig-ratio}). In this case, energy is minimized by reducing the length of the interface with energy $\gamma_2$. It is therefore favorable for the grain to be `flatter', which tends to hinder agglomeration.

If the dihedral angle is set by the anisotropy of the interface energy then the angle $\theta$ needs not be equal to the ratio of energies $\theta_0$. Figure~\ref{fig-ratio-contour} shows $h\ensuremath{_\mathrm{poly}}/h\ensuremath{_\mathrm{circ}}$ as a function of $\theta$ for different values of $\theta_0$.
The darker areas correspond to cases in which a polygonal film is more stable than a rounded film and in lighter areas an interface which is an arc of a circle is more stable than a faceted one. In the case of the black areas seen for small values of the $\gamma_1/\gamma_2$ ratio and large values of $\theta$, a polygonal film cannot agglomerate, however thin it may be (see below).
The results for $\theta < \theta_0$ [Fig.~\ref{fig-ratio-08}] are similar to those for $\theta > \theta_0$, shown in Fig.~\ref{fig-ratio-12}. For a given value of $\theta$, the difference between $\theta$ and $\theta_0$ is less important than that between $\gamma_1$ and $\gamma_2$, i.e.\ the source of the faceting of the grains does not play a major role in the stability of the films.

\begin{figure}
\centering
\setlength{\unitlength}{1cm}
\begin{picture}(8.5,3.9)(.2,0)
\subfigure{
	\label{fig-ratio-08}
    \includegraphics[height=3.9cm]{ratio-08}
	\put(-0.8,3.4){\bf(a)}
}\subfigure{
	\label{fig-ratio-12}
    \includegraphics[height=3.9cm]{ratio-12}
	\put(-0.8,3.4){\bf(b)}
}\includegraphics[height=3.8cm]{scale}
\end{picture}
	\caption{\label{fig-ratio-contour}The ratio of the critical thickness for agglomeration of faceted grains to the critical thickness for agglomeration of rounded grains, $h\ensuremath{_\mathrm{poly}} / h\ensuremath{_\mathrm{circ}}$, as a function of the angle $\theta$ and of the ratio of interface energies $\gamma_1/\gamma_2$. (a): $\cos\theta_0 = 0.8\, \cos\theta$ and (b): $\cos\theta_0 = 1.2\, \cos\theta$.}
\end{figure}

One should note that $\gamma_1 = \gamma_2$ is not incompatible with strong anisotropy. Anisotropy of the interface energy implies that $\gamma$ depends strongly on orientation and that facets which are actually observed are lower in energy than neighboring orientations. This does not imply that no two facets can have the same energy.

So far we assumed that the value of the length $\ell$ is set by energy minimization, as shown in Eq.~(\ref{def-ell}). However, this is not always true.
For instance, it is geometrically impossible for $\ell$ to be lower than 0. If $({\gamma_1}/{\gamma_2}) \sin\theta > 1$,
\noindent then $\lambda < 0$ and Eq.~(\ref{def-ell}) leads to $\ell<0$. (Note that this is independent of the value of $\theta_0$.) In this case, $\ell=0$ and $h\ensuremath{_\mathrm{poly}}=w/(4\tan\theta)$. This regime applies on the right of the arrow in Fig.~\ref{fig-ratio} and in the light areas of Fig.~\ref{fig-ratio-contour}. This is the case in which the polygonal grains are the least stable. Grains are then `pointy' as can be seen for instance in Fig.~2 of Ref.~\onlinecite{Jarmar-JAP-05}. One should note that this regime can exist only if $\gamma_1>\gamma_2$, in particular it cannot exist if $\gamma_1=\gamma_2$. The presence of such grains thus provides one with information on the $\gamma_1/\gamma_2$ ratio.

On the other hand, if energy minimization leads to $\ell > w$ (i.e.\ $\lambda > 1$) then $\ell=w$ and $h\ensuremath{_\mathrm{poly}} = 0$.
This occurs for the dotted line in Fig.~\ref{fig-ratio} for large $\theta$ and for the black areas in Fig.~\ref{fig-ratio-contour}. In such cases the film would not groove and {\itshape a fortiori} not agglomerate. Erbium disilicide films for instance do not exhibit any grooving. ErSi$_2$, which is hexagonal, grows epitaxially on Si(001) with its c-axis parallel to the substrate~\cite{tan-APL-06} but there probably is no epitaxial relationships for other directions due to the difference of crystal structure between film and substrate. Thus $\gamma_1$ is smaller than $\gamma_2$, which suppresses grooving

For large values of $\theta$, either a polygonal film is always stable or it is much less stable than a rounded film. However, one should note that the latter instability may be only relative: both geometries may then be quite stable, with one even more stable than the other.

Table~\ref{table-R} shows that in all regimes, $h\ensuremath{_\mathrm{poly}}$ is of the form $w/(4\tan\theta)f(\lambda)$. Consequently, $h\ensuremath{_\mathrm{poly}}/h\ensuremath{_\mathrm{circ}}$ is of the form
\begin{equation*}
	\frac{h\ensuremath{_\mathrm{poly}}}{h\ensuremath{_\mathrm{circ}}} = \frac{2\cos^3\theta}{\sin\theta(\pi-2\theta-\sin2\theta)} f(\lambda).
\end{equation*}
\noindent The fraction on the right-hand side depends weakly on~$\theta$:
\begin{equation*}
	\frac{2\cos^3\theta/\sin\theta}{\pi-2\theta-\sin2\theta} = \frac{3}{2} \left[ 1+ \frac{1}{5}\left(\frac{\pi}{2}-\theta \right)^2\right] + O\left(\frac{\pi}{2}-\theta \right)^4\!,
\end{equation*}
\noindent where $\theta$ is in radians, so that
\begin{equation}
	\frac{h\ensuremath{_\mathrm{poly}}}{h\ensuremath{_\mathrm{circ}}} \approx \frac{3}{2} f(\lambda).
	\label{ratio-simple}
\end{equation}
\noindent If $\lambda < 1/\sqrt{3}$, Eq.~(\ref{ratio-simple}) leads to $h\ensuremath{_\mathrm{poly}} > h\ensuremath{_\mathrm{circ}}$: the polygonal grains are less stable than the rounded ones (the last column of Table~\ref{table-R} sums up the relative stabilities of polygonal and rounded grains depending on $\lambda$).

\begin{table}
\begin{tabular}{ccccc}
\hline
$\lambda$				& $\ell$		& $h\ensuremath{_\mathrm{poly}}/w$					&shape		& stability\\%&$h\ensuremath{_\mathrm{poly}}$ {\itshape vs.} $h\ensuremath{_\mathrm{circ}}$\\
\hline
$\lambda \le 0$			& 0				& $\dfrac{1}{4\tan\theta}$		& `pointy'	& \rb{less}\rule[-1.5ex]{0ex}{5ex}\\
$0 < \lambda < 1/\sqrt{3}$& \rb{$w\,\lambda$}& \rb{$\dfrac{1-\lambda^2}{4\tan\theta}$}	&\rb{polygon}& \rule[-1.5ex]{0ex}{4ex}\\
$1/\sqrt{3} < \lambda < 1$& 				& 								& 			&  more\rule[-1.5ex]{0ex}{4ex}\\
$\lambda \ge 1$			& $w$			& $0$							& no groove &always\rule[-1.5ex]{0ex}{4ex}\\
\hline
\end{tabular}
\caption{\label{table-R} $\ell$, $h\ensuremath{_\mathrm{poly}}$, the shape of the faceted grains, and whether faceted grains are more or less stable than rounded grains (or always stable, however thin), as functions of~$\lambda$.}
\end{table}

Whether polygonal grains are more or less stable depends only on $\lambda$, the ratio of $\ell$ over $w$, and not on the angle $\theta$ (of course $\lambda$ depends on $\theta$ but stability does not depend on $\theta$ \emph{directly}, only through $\lambda$). By simply measuring the length of the facet perpendicular to the grain-boundary compared to the grain width, one can infer whether faceting had a stabilizing or destabilizing effect.

Since $h\ensuremath{_\mathrm{poly}} / h\ensuremath{_\mathrm{circ}}$ depends on $\lambda$ only [Eq.~(\ref{ratio-simple})], we can use a Taylor expansion of $\lambda$ to quantify the effect of the parameters on $h\ensuremath{_\mathrm{poly}} / h\ensuremath{_\mathrm{circ}}$.
Defining $\alpha$ by $\cos\theta_0 = \alpha \cos\theta$, to first order in $\alpha-1$ and $\gamma_1/\gamma_2-1$, one finds
\begin{equation}
	\lambda \approx \frac{1}{1+\sin\theta} \left[ 1-(\alpha-1)-\left(\frac{\gamma_1}{\gamma_2}-1\right)\frac{\sin\theta}{1-\sin\theta} \right]\!.
\end{equation}
\noindent Since $\sin\theta$ is close to 1, clearly $\gamma_1/\gamma_2$ plays a more important role than a difference between $\theta$ and $\theta_0$, as is noticeable in Fig.~\ref{fig-ratio-contour}.

To sum up, we showed that grain shape can affect agglomeration dramatically. For purely geometrical reasons, polygonal films generally need to be thicker than rounded ones to avoid agglomerating. If the interface energies of the facets ($\gamma_1$ and $\gamma_2$) are even slightly different, a polygonal film can be much less stable than a rounded one or, on the contrary, it may never groove and thus be stable at any thickness. This result depends weakly on the cause of the faceting of the grains.

\vspace{\parsep}
I wish to thank Dongzhi Chi and his group for useful discussions of their experimental results.

redpajama_set_name: RedPajamaArXiv


Geoduck - extra meat, how to store?
Anyway, long story short, someone dropped off a geoduck today and I cooked up a bunch of it like he said (cut away from shell, blanch, skin, slice, pound, fry lightly in garlic butter). It's AMAZING!
Only now we have about half of it left, not sliced or fried. How do I store this? The guy said DON't FREEZE with great emphasis, and something about vinegar. But due to his strong accent, I really didn't understand what to do.
Thank you for this long-ago Q&A. A friend dropped off 3 geoduck today and there is a limit to how much we can eat! I will prep some for clam strips and chowder, while we're stuffing ourselves with the sashimi.
I would feel comfortable eating it in a ceviche or sauteed in olive oil on day 2. My favorite is as sushi on day one. Cooking Channel posted a geoduck chowder from Walrus and The Carpenter in Seattle. I haven't made it, but I have eaten it in the restaurant and it's nirvana.
I just stuck the extra meat in an container in the fridge. How shall I cook it today? I'm thinking that semi-raw is not day-two way to server shell fish. Maybe soup?
Sure they can be frozen. You just can't freeze them in the shell. The best way to do it would be to portion how you want them, freeze on a flat surface and then pop into a bag. I don't know about the vinegar thing.
How do you cook limpets?
What vinegar can I substitute for malt or black vinegar? This is for a stir fry.
how long should u cook kippers for and grill or fry?


Amazon revealed its SageMaker AI service today, allowing its customers to train machine learning models at massive scale while keeping costs down. Amazon uses novel techniques to keep the required compute power locked down while providing comparable performance.
When SageMaker takes in data to train a model, it uses a streaming algorithm that only makes one pass over the data that it gets fed. While other algorithms can see exponential increases in the amount of time and processing power needed, Amazon's algorithms don't. As data is streamed into the system, the algorithm adjusts its state — a persistent representation of the statistical patterns present in the information fed into SageMaker for training a particular system.


Those are two words I love hearing when it comes to recipes!
I found this gem over at Taste of Home and it caught my eye immediately. Why? Because it looked delicious–that's number one–and it was easy to prepare.
This chocolatey cheesecake is quick because it takes advantage of convenience ingredients. Sure you can make your own cookie dough and real whipped cream if you have time because it will taste fantastic; possibly more so. However, it's pretty darned good made the easy way.
This chocolate cheesecake lush can be easily converted to a totally no-bake dessert.
The original recipe calls for refrigerated cookie dough (or homemade) for the base. And yes, you have to bake it for a bit.
But how about using chocolate chip cookie crumbs to make a no-baking-required crust? That works so well!!
All you have to do is process the cookies into crumbs, but make sure you buy crispy chocolate chip cookies, not the chewy variety. About 2 cups of crumbs and about 6 tablespoons of melted butter should do the trick. No extra sugar need be added. Just as an aside, I rarely add additional sugar to any cookie or graham cracker crust recipe as it rarely needs it. But let your individual taste be your guide.
I stuck to the original pudding configuration when I made this. However, for a deeper chocolate flavor, substitute the vanilla pudding for an additional chocolate one.
While we're on the subject of flavor, any flavor you like can be substituted for the chocolate and vanilla. First one that comes to mind is butterscotch. That should taste fantastic! In the fall Jello brand makes a pumpkin pie flavor available and that would be wonderful here too.
In a large bowl, whisk milk and pudding mixes for 2 minutes. Spread over cream cheese layer. Top with remaining whipped topping. Sprinkle with nuts and/or mini chocolate chips if desired.
Cover and refrigerate for 8 hours or overnight until firm.
You can substitute another chocolate pudding for the vanilla for a richer chocolate taste. Likewise, you can substitute any other flavor for the chocolate.


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Curtis Flowers' Charges Dropped After More Than Two Decades Of Murder Trials
Published September 5, 2020 at 6:59 AM CDT
Prosecutors have dropped all charges against Curtis Flowers. He's a Black man in Mississippi who was tried six times for the same crime by the same white prosecutor. He spent nearly 23 years in prison - much of it on death row - for murdering four people in a small-town furniture store. The case of Curtis Flowers was the subject of Season 2 of "In The Dark." Samara Freemark is the managing producer of that podcast. She joins us now. Thanks for being with us.
SAMARA FREEMARK: Thanks so much for having me. It's good to be here.
SIMON: Curtis Flowers was already out of prison. So what happened yesterday?
FREEMARK: Right. So Curtis' most recent conviction was overturned by the U.S. Supreme Court last year, and he was actually released on bail last December. So since then, he's been on house arrest. And he's just been waiting to hear if he'd be tried a seventh time for these murders. But yesterday, the Mississippi attorney general dropped all charges against Curtis. And so after all these years, this case is finally over, and Curtis is a free man.
SIMON: The attorney general's motion to dismiss cited evidence uncovered by your podcast. Tell us more about that, please.
FREEMARK: Yes. We talked to key witnesses who told us they had lied on the stand or that they had been pressured by law enforcement. We discovered an alternate suspect in the case who had never been disclosed to jurors. We found that the ballistics evidence in the case relied on junk science. And the state's star witness, who was a jailhouse informant who said that Curtis had confessed to him, told us that he had just made that whole thing up.
SIMON: Yet Curtis Flowers was tried six times. I don't understand how a man can be tried six times for the same crime.
FREEMARK: Right. We get this question a lot because people think about double jeopardy. Right? But double jeopardy only applies if you've been acquitted. And Curtis has actually never been acquitted. So what would happen is he would be convicted by a jury, and then he would appeal. Higher courts would find that the prosecutor who, throughout all of these six trials, was a white district attorney named Doug Evans - courts would find that Evans had committed misconduct. They would overturn the case, but then Evans would just retry the case. And it just became this seemingly unending cycle that went on for years and years.
One of the most egregious forms of misconduct that the higher courts found over these years was that Doug Evans made repeated attempts to keep Black people off of the juries that tried Curtis Flowers. And our team actually did a really big data analysis of what Evans' office was doing in jury selection in all of its cases, not just in the Flowers case. And we found that there was a pattern of Black people in Evans' district being prevented from serving on juries for decades.
SIMON: And that issue, racism in jury selection, ultimately led the Supreme Court to reverse the most recent convictions of Mr. Flowers. Did you get a chance to speak with him yesterday?
FREEMARK: No, they weren't ready to talk to reporters. I did speak to several of Curtis' attorneys. For example, I talked to one attorney named Tucker Carrington who said, you know, there are huge problems in jury selection in courtrooms across the country.
TUCKER CARRINGTON: And, you know, we won this case. But what this case did was not solve the problem really but draw back the curtain on what is a systemic issue.
FREEMARK: So they were all very happy. This was a big day for them. But I think all of them are really aware that the problems exposed in the Flowers case didn't stop there.
SIMON: Thanks very much for being with us. Samara Freemark, managing producer of "In The Dark."
FREEMARK: Thanks so much. Transcript provided by NPR, Copyright NPR.
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Successfully Added USB Multi-Adapter (iPhone, Nokia, Motorola, Blackberry + More) to your Shopping Cart.
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Will this USB Multi Charge Connectors for Nokia, Samsung, Motorola, LG, Blackberry, iPhone, iPod, HTC, Palm, Sony PSP and Nintendo DS charge my Dingo game player?
Yes, you can charge your Dingo player and any other player media player, cellphone, electronic gadgets that connects using one of the following adapters or supports a Mini USB port.
Will iPhone 30 PIN connector also work on the iPhone 3Gs?
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Hello, and thank you for your interest in MASTICATE! If you wish to join our order, please fill out the following...very easy, all you have to do is copy and paste and fill in the blanks! But please, get creative if you want...tell us the significance of your username, or what your favorite card is and why, or something interesting/unique about yourself...sometimes standing out is the best way of getting in! Go ahead, show us what you've got!
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Board of Education member retires to attend to family matters
Norwalk looks to ban cannabis businesses for 9 months
Fire breaks out at Norwalk Linen building — again
Which city employees made the most in 2021? Here are the top...
Norwalk to consider temporary ban on cannabis businesses
The city is accepting applications until Jan. 24
Slots for Norwalk's second COVID test distribution fill up fast
Norwalk still seaching for family of soldier killed in Vietnam
News // Norwalk
Noelle Frampton
NORWALK -- The Board of Education is short a member for the time-being. Judith Rivas, a Democrat whose four year term would have expired in 2008, has retired.
Rivas, head reference librarian at the Norwalk Library, said she had family matters to attend to and could not swing the time commitment of board membership.
In November, her father became very sick and entered the hospital, where he underwent two serious surgeries. He's now living with her in recovery, but caring for him, combined with her full-time job made it tough to get to board meetings.
"I just think this is the best thing," Rivas said. "I just can't do it all. You have to make choices and your family comes first."
Rivas said she kept the board abreast of her situation and first sent members a letter in February trying to resign but they urged her not to. She tendered her final resignation in late April, announced by board Chairman Tom Vetter at Tuesday night's meeting.
"They kept trying to talk me into staying," she said, but added she didn't feel it was fair for her to regularly miss meetings and hold an elected position into which someone else could put more time. "I just didn't think it was fair."
The Democratic Town Committee has not yet chosen a replacement for Rivas, elected from District B.
Committee Chairwoman Galen Wells said members are discussing the matter and should have a replacement in mind by a June 19 meeting.
"We need a recommendation from the District B town committee members," she said. "We should (know) very shortly."
Vetter thanked Rivas for her service at the board meeting Tuesday, although she was not there, and said board members will miss her.
The nine-member board is all Democrats, minus one unaffiliated member.
Rivas will miss working with dedicated people to help the community, she said.
Noelle Frampton covers education. She can be reached via e-mail at education@thehour.com.


Unless you want to spend a sleepless night, don't read any of these 4 books. They just kept me up two nights running, I was so enthralled.
This should have been classified among short stories. Nevertheless, they were all well written and most of them very poignant.
I would have really liked this book except for the stupid gold robbery in the middle. It would have been so much better if the author had stuck to more realistic situations.
I liked this book. Characters well written, story line not bad at all.
A delightful piece of fluff. If you are planning on a road trip, use Molly as your guide!!
A delightfuk story. The relationship between Jane and Michael reminds me at times of the one between Jo ans Mr. Baejr (Little Women).


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European Commission > Futurium
CONNECT University
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Intraneural stimulation: the role in restoring sensory, motor and autonomic neural functions
Andreea DUMITRASCU
13 November 2020 - updated 2 months ago
Tuesday, 26 January, 2021 - 14:00 to 15:00
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Neuroengineering is a novel discipline combining engineering including micro and nanotechnology, electrical and mechanical, and computer science with cellular, molecular, cognitive neuroscience with two main goals: (i) increase our basic knowledge of how the nervous system works; (ii) develop systems able to restore functions in people affected by different types of neural disability.
In the past years, several breakthroughs have been reached by neuroengineers in particular on the development of neurotechnologies able to restore sensorimotor functions in disabled people.
Intraneural electrodes represent a potentially very attractive technology for peripheral stimulation for their very good selectivity with limited invasiveness. This Connect University session will present to the participants several examples on how implantable intraneural interfaces can be used to restore sensory (tactile feedback for hand prostheses, vision), motor (locomotion and grasping), and autonomic functions (for type 2 diabetes and heart controls).
Join this Connect University event and find out how these continuous innovations have a direct impact on the lives of thousands of Europeans.
Silvestro Micera, Bertatelli Foundation Chair in Translational NeuroEngineering, Institute of Bioengineering & Center for Neuroprosthetics, Ecole Polytechnique Federale de Lausanne, Lausanne, Switzerland
Translational Neural Engineering Area, The BioRobotics Institute and Department of Excellence in Robotics and AI, Scuola Superiore Sant'Anna, Pisa, Italy
Silvestro Micera is currently Professor of Bioelectronics at the Scuola Superiore Sant'Anna (SSSA, Pisa, Italy) and at the Ecole Polytechnique Federale de Lausanne (Lausanne, Switzerland) where he is holding the Bertarelli Foundation Chair in Translational NeuroEngineering. He received the University degree (Laurea) in Electrical Engineering from the University of Pisa, in 1996, and the Ph.D. degree in Biomedical Engineering from the Scuola Superiore Sant'Anna, in 2000. From 2000 to 2009, he has been an Assistant Professor of BioRobotics at the Scuola Superiore Sant'Anna. In 2007, he was a Visiting Scientist at the Massachusetts Institute of Technology, Cambridge, USA with a Fulbright Scholarship. From 2008 to 2011 he was the Head of the Neuroprosthesis Control group and Adjunct Professor at the Institute for Automation, Swiss Federal Institute of Technology, Zurich, CH. In 2009, he was the recipient of the "Early Career Achievement Award" of the IEEE Engineering in Medicine and Biology Society.
Dr. Micera's research interests include the development of neuroprostheses based on the use of implantable neural interfaces with the central and peripheral nervous systems to restore sensory and motor function in disabled persons. In particular, he is currently involved in translational experiments for hand prosthesis control in amputees, and the restoration of vestibular function, grasping and locomotion in different neurological disorders.
He is author of more than 300 WoS peer-reviewed papers and several international patents. He is currently Associate Editor of IEEE Transactions on Neural Systems and Rehabilitation Engineering, of IEEE Transactions on Medical Robotics and Bionics and of IEEE Open Journal Biomedical Engineering. He is also member of the Editorial Boards of the Journal of Neuroengineering and Rehabilitation, of Journal of Neural Engineering, and Scientific Reports.
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Alto saxophone is from Bb below middle C to high F.
gers operate are numbered 1, 2, 2j/2, 3 and so on up to 13.
notes, are lettered A, B, C, D, E, F, plus the octave key.
actual notes when you have a saxophone in your hands.
key with your left thumb. This opens the key.