All business dealings shall be governed by the following General Terms and Conditions exclusively; as far as they do not contain any provisions, the statutory rules shall apply; Customer's terms to the contrary to or deviating from our terms and conditions to our detriment shall be valid only if expressly confirmed by us in writing. Our General Terms and Conditions shall also apply if we are aware of Customer's terms to the contrary to or deviating from our terms to our detriment but unconditionally effect delivery to the Customer.
Our terms and conditions shall also apply for future business with the Customer.
Our General Terms and Conditions shall only apply with respect to traders, juristic persons under public law or public utility funds as defined by para. 310 cl. 1 BGB (German Civil Code).
deviations customary in the trade.
If, during contract conclusion, errors occur which are not due to our fault, e.g. due to errors in communication, misunderstandings etc, no claims for damages pursuant to Article 122 BGB (German Civil Code) may be asserted against us.
The conclusion of this Contract is subject to the reservation that we have timely been provided with the correct products by our suppliers. This, however, shall only apply, if any failure of delivery to us is not within our responsibility, especially in case that we conclude another contract for the delivery of products at stake (Contract for Congruent Coverage = kongruentes Deckungsgeschäft) with our supplier. Customer will be informed of the non-availability of performance immediately. Any payments already made by Customer shall be paid back immediately. We shall submit to Customer the Contract for congruent coverage immediately and assign to him any and all of our rights resulting therefrom, as far as necessary.
We do not grant any guarantee, especially no guarantee with regard to the quality of the products nor their procurement, without explicit agreement to do so.
We reserve the right to reasonably change our prices, if cost reductions or increases occur after the conclusion of this Contract, which are beyond our responsibility, especially due to changes of raw material prices or due to mandatory increases of wages of our staff, e.g. after mandatory trade union wage agreements. We shall prove such occurrences to Customer upon his request.
Precious metal is being invoiced on the calculation basis as agreed upon from time to time. If no such agreement is made, precious metal is going to be invoiced on the calculation basis of the WIELAND-quotation (a.m.) valid at the date of delivery or date of invoice respectively.
Prices only apply for the respective order. Repeat orders are deemed to be new orders.
Unless otherwise agreed upon, our prices are ex works and do not include postage, freight, packaging, insurance and other ancillary costs. In addition to this, the legally prescribed VAT shall be charged.
If payment is not effected within 10 days after the due date of payment and recept of our invoice, Customer shall be deemed to be in delay in payment under the statutory rules of Delay in Payment of the German Civil Code without any further notices from us. Payment shall only be deemed to have been received, if and when we are definitely in a position to dispose of the full amount. Otherwise the statutory provisions on delay in payment shall apply.
Bills of exchange and cheques shall only be accepted in lieu of payment. Bills of exchange shall only be accepted subject to prior written agreement. Any discount charges, fees as well as any and all costs relating to collection of the amount payable by either cheque or bill of exchange shall be borne by the Customer and shall be payable immediately. Cheques or bills of exchange shall only be regarded as received when the funds have been credited to our account and we have been released from any liability under the bill of exchange.
The Customer may set off only such claims as are undisputed or unappealable. Moreover, if and as far as we are liable for a breach of contract pursuant to § 276 BGB (German Civil Code) Customer shall be entitled to a right of retention or of plea of non-performance.
In case of business done according to the 'facon principle' the Customer undertakes - depending on the agreement entered into with us - either to supply the agreed upon quantity of precious metal at his own risk and for his own account immediately following contract conclusion or to effect payment within eight days upon receipt of our precious metal invoice. The precious metal will be invoiced according to the calculation mode agreed upon. Without such specific agreement, pricing of precious metal shall be based on the price quoted by WIELAND on the day the order is received (a.m.).
Upon receipt we shall acquire ownership of all precious metal delivered to us and it shall be credited to the Customer in grams to the metal account.
Customer´s obligation to deliver the quantity of precious metal agreed upon or to pay the respective precious metal invoice are of the essence and a main contractual obligation within the mutual contractual obligations. In case of delay in payment, no. 3.5. hereof shall apply. In case of delay in delivery of precious metal the statutory provisions shall apply.
If we decide to execute the order in spite of a delay in delivery or a delay in payment of the Customer we shall - without prejudice to any additional claims we may have under the law - have the right to charge to the Customer the quantity of precious metal agreed upon based on the price quoted by WIELAND quotation the day we received the order (a.m.), plus interest starting the day upon which Customer is in delay in delivery and plus an extra charge amounting to 10 % of the value of the precious metal; however, the Customer shall have the right to submit evidence to us proving that such interest and extra charge are not justified at all or only to a lesser amount.
We maintain a precious metal account when doing business with precious metal. The actual precious metal stock is not kept separately for each owner of account. The individual owners of account constitute a community of owners managed by us. Each owner of account is co-owner of the existing quantity in stock in proportion of the quantity of precious metal booked in his account. Upon purchase or sale of precious metal, transfer of title shall be deemed executed when the purchase or sale is booked into the account.
Customer shall inform us prior to the conclusion of the contract in writing about hazardous quality – e.g. toxic, corrosive, explosive, inflammable or radioactive material – or hazardous or interfering components – e.g. chlorine, bromine, mercury, arsenic, selenium, tellurium etc.- of the material delivered to us for transformation or disposal.
Delivery of hazardous material to be processed/ transformed or taking of delivery of material with hazardous or interfering component (e.g.) can be effected only after prior written co-ordination. The material to be processed or to be transformed shall be properly packed, comply with our packaging instructions, if any, and shall be labelled in accordance with statutory provisions and in accordance with the package contents.
If, due to incorrect, inaccurate information or labelling or due to a lack of information or labelling, transformation or disposal is not feasible or not correctly feasible without any circumstance within our responsibility having influenced transformation or disposal, we shall still have a claim for compensation of transformation/ disposal services within the terms of Art. 645 BGB (German Civil Code). Any further liability of Customer based on a faulty breach of the obligations contained in no. 4.1. above remains unaffected.
Customer bears risk and costs for transportation to our premises in Pforzheim, even if we provide means of transportation.
Our precious metal statement of account is made on the basis of the weight we measure before transformation/ disposal (or as the case may be, the weight after homogenizing or melting) and according to the content we state in our laboratories after sampling. Such statement is binding, if Customer does not object in writing within two weeks after its receipt. We shall especially emphasize this consequence in our statement. During this delay we shall store probes for reference. After sampling and statement of account we shall be entitled to proceed with the transformation / disposal of the material.
We reserve the right to increase costs for processing and transformation as well as the right to lengthen agreed upon processing times (times for delivery / purchase) in such cases, where specific qualities of the material, which despite usual care were unknown to us at the time of invoicing within the terms of no. 4.4. above, require additional costs. We shall substantiate proof hereof to Customer upon his request.
When rendering account within the terms of no. 4.4. above, we are entitled to set off the value of the metal to be delivered to Customer after transformation/ disposal against invoices for transformation / disposal, on the basis of the precious metal value according to the WIELAND-quotation valid at the date of invoicing (a.m.), unless otherwise agreed upon from time to time.
Customer bears costs (including costs for packaging) and risk of loss regarding transport to Customer.
Customer transfers title to the goods delivered to us for transformation/ disposal upon their delivery to us, or, if he is not owner, the expectancy of title. We transform the goods as producer within the meaning of § 950 BGB (German Civil Code).
Delivery dates indicated by us are not binding unless expressly stipulated to be binding.
We reserve the right to plead non-performance of the contract.
Delivery dates shall be deemed to have been observed when the goods are delivered "ex works" within the stipulated term or if, in case picking up by Customer is agreed upon, our readiness to dispatch the goods has been notified to the Customer within such term.
with regard to which we prove that they could not have been foreseen and avoided by us even with the application of the utmost, reasonable care, and that we have no obligation to bear the risk of the occurrence of such obstacles or to actively or passively avoid them.
Provided that the above conditions are fulfilled – occurrence or faultless learning of such circumstances only after conclusion of the Contract, unforeseen and unavoidable occurrence to be proven by us - the above exclusion of responsibility especially, but without limitation includes: legitimate measures of labour struggle (strikes and legal lock-outs); operating trouble and breakdowns; shortage or lack of raw material; shortage or lack of manufacturing supplies; lack of personnel.
In the event of delays in delivery or performance under no. 5.4.1 above, any claims for damage of the Customer are excluded.
In the event of a definitive obstacle to delivery or performance within the meaning of no. 5.4.1. above, either party is entitled to immediately rescind the Contract.
In the event of a temporary obstacle to delivery or performance within the meaning of no. 5.4.1., we shall be entitled to postpone delivery/ performance for as long as the disturbance may last, plus a reasonable start-up time. If, in this respect, we can prove an intolerable impediment to delivery/ performance within the meaning of Article 275 clause 2 and 3 BGB (German Civil Code), we shall have the right to rescind this Contract.
Customer, however, in such circumstances shall have the right to rescission only under the conditions set out in no. 5.6. below.
Article 323 clause 4 BGB (German Civil Code) analogously applies to our right to rescind the Contract. With regard to the Customers right to rescind the Contract, Article 323 clauses 4 to 6 BGB (German Civil Code) apply.
As for the legal consequences of a valid rescission, Article 326 BGB including its referrals apply analogously; Customer may, in accordance with Articles 346-348 BGB (German Civil Code), request anullation of performances he may already have made before their being due.
Unless there is intentional acting or gross negligence attributable to us, our agents or our representatives, damage for delay in performance shall be limited to the lump sum of 0, 5 % of the net invoice amount of the service/ delivery at stake for each full week of delay, but in no event more than 5 % of such amount altogether. In case of gross negligence attributable to us, our agents or our representatives, our liability for damage for delay in performance shall be limited to the foreseeable damage specific for the type of Contract.
Liability for damage instead of performance subject to Article 281 BGB (German Civil Code) is limited to the foreseeable damage specific for the type of Contract, unless our delay in performance is caused by an intentional or grossly negligent breach of Contract by us, our legal representatives or agents.
in case of damage to life, body or health of a person.
if the Customer proves that, as a consequence of the delay, his interest in our performance of the Contract has ceased to exist or that the maintenance of the contractual relationship cannot reasonably be expected from him.
Otherwise, Article 323 clauses 4 to 6 BGB (German Civil Code) apply. As for the legal consequences of the rescission the statutory provisions (Articles 346 et seq. BGB – German Civil Code) apply.
In case of impossibility of our performance, our liability for damage and costs shall be limited as follows: Unless there is an intentional or grossly negligent breach of Contract attributable to us, our agents or representatives, our liability for damage and costs shall be limited to 20% of the net invoice amount of our performance; in case of a grossly negligent breach of Contract, our liability shall be limited to the foreseeable damage specific for the type of Contract. This limitation shall not apply, if we exceptionally have assumed the risk of procurement of the product or in case of damage to life, body or health of a person. The Customer´s statutory right to rescind the Contract in case of impossibility of our performance remains unaffected.
Unless otherwise agreed upon, delivery shall be 'ex works' unpacked. In case of any packing done by us, packaging for shipment as well as all and any other packaging shall not be taken back by us under the Packing Regulations, excluding pallets. The Customer undertakes to dispose of the packaging at his own expense.
We are entitled to effect partial deliveries, as far as Customer can reasonably be expected to accept them.
The risk of an accidental loss or of an accidental deterioration shall pass to the Customer as soon as the goods have been delivered to the person or institution designed to pick up or execute the delivery, no later, however, than when the goods leave our company. The same shall apply for deliveries effected by our own vehicles or if freight or carriage paid and packing included has been agreed upon.
At the request and expense of the Customer we shall insure the goods against breakage, fire and water damage, damages in transit as well as against other insurable risks. If we agree to contract transportation or insurance, we are liable only as far as our contractual partners are liable to us.
In case of delay in taking delivery by Customer or in case of delay in delivery for reasons attributable to the Customer, the risk of an accidental loss or of an accidental deterioration of the goods shall pass to the Customer at the moment the same is in delay or when the picking up or the delivery could have taken place if the conduct of the Customer had been in accordance with his duty.
If the Customer is in default in taking delivery of the goods or in case of faulty breach of other duties to co-operate, we shall have the right - without prejudice to further statutory claims - to claim for damage incurred by us including additional costs.
We retain ownership to all goods delivered by us until we receive full payment of all sums owed to us - herein included future payments - originating in the business relation with the Customer. The retained ownership shall be deemed collateral for the total account payable to us (current account retention) until all current liabilities have been discharged. All goods subject to retention of ownership shall hereinafter be referred to as 'reserved or privileged goods'.
If such reserved goods are paid by way of a bill of exchange from which follows a liability on our part the retention of ownership shall only become extinct if and when our liability under a bill of exchange becomes extinct as well; if payment by way of cheque / bill procedure has been agreed upon with the Customer the retention of title shall also include the honouring of the bill of exchange accepted by us by the Customer and shall not be forfeited once the cheque received has been credited to our account.
The Customer shall have the right to resell the reserved products in the ordinary course of business; however, as early as today Customer shall assign to us all claims that he may have against his Customers or against third parties on account of the resale to the amount of the invoice total (including VAT) of our claims. If the Customer includes the claims from a resale of the reserved products in a current account business relation existing with his Customer, this current account claim shall be assigned to us to the amount of the acknowledged balance; the same shall apply for the "causal" balance if the Customer becomes insolvent. The Customer shall still have the right to collect the assigned claims after they have been assigned.
Subject to the rules and regulations under the insolvency law, our right to collect claims ourselves shall remain unaffected; however, we undertake not to collect claims as long as the Customer does not breach his contractual obligations, especially observes his obligation of payment, is not in delay in payment nor has filed for the opening of an insolvency procedure or generally has ceased payments.
Under the right of resale, the Customer shall not be entitled to pledge or in any way charge by way of security any of the products.
If our undertaking not to collect claims under no. 8.2 above ceases to exist, we shall have the right - subject to the rules and regulations under the insolvency law - to withdraw the right of resale and to require the Customer to assign to us the right to recovery he may have against third parties, or to take back the reserved products after expiry of a reasonable delay set by us; the Customer shall be bound to surrender the products; no right of retention may be asserted by the Customer against this right to recovery. Taking back the reserved products constitutes a rescission of the Contract.
After having threatened to do so and after setting a deadline, reserved products which have been taken back by us for before-mentioned reasons may - subject to the rules and regulations under the insolvency law - be reasonably resold and/ or used by us; the proceeds thereof shall be credited against the liabilities of the Customer - less reasonable exploitation costs.
Under the conditions stated entitling us to revoke the Customer's right of resale, we may also revoke the collection authorisation and may require the Customer to disclose to him the claims assigned as well as the debtors of such claims; furthermore, we may require the Customer to disclose to us all information necessary for collection, to submit the relevant documentation and to notify the debtors (third parties) of the assignment.
In case of damage or loss of the reserved products as well as in case of a change of domicile or of property, the Customer shall immediately notify us hereof in writing; the same applies for pledges or other interventions of third parties so that we are in a position to bring an action under Article 771 ZPO (German Code of Civil Procedure). If the third party is in no position to reimburse the judicial and extra-judicial costs incurred by us under Article 771 ZPO, the Customer shall be liable for the loss incurred us. If the release of the reserved products is achieved without legal proceedings, costs hereby incurred may also be charged to the Customer, herein included costs of regaining pledged reserved products.
Any processing or transformation of the products purchased by the Customer shall always be deemed to be on our behalf. If the reserved products are processed with other goods, which are the property of any person other than us, the product thereof shall be deemed to be owned in common with that other person, our share in the common property depending on the ratio of the total amount charged by us for the reserved products plus VAT - in case of business done under the 'facon principle' depending on the ratio of the total amount charged by us for facon work plus VAT - to the purchase price (invoice totals incl. VAT) of the other goods processed at the time of the processing or transformation.
Furthermore, the provisions applicable for the reserved products shall also apply for the product of such processing or transformation. With respect to the product of such processing or transformation, the Customer shall acquire expectant rights corresponding to the expectant rights to the reserved products.
If the reserved products are inseparably mixed or combined with other goods which are the property of any person other than us, the product thereof shall be deemed to be owned in common with that other person, our share in the common property depending on the ratio of the total amount charged by us for the reserved products plus VAT - in case of business done under the 'facon principle' depending on the ratio of the total amount charged by us for facon work plus VAT - to the purchase price (invoice totals incl. VAT) of the other goods which have been mixed or combined, at the time of the mixing or combining. If the mixing or combination of the products has been done in such a way that the product of the Customer is to be considered to be the main product it is agreed that the Customer assigns to us co-ownership of such product on a pro rata basis. The Customer shall keep such property owned either exclusively by us or owned in common with another person properly stored for us.
If our reserved products are resold after having been processed or transformed in any way, as early as today, the Customer shall assign to us as security his claims resulting from the resale of such products up to the invoice total (including VAT) of our claims.
If, on account of the processing or transformation of or of the mixing or combination of the reserved products with other goods which are the property of any person other than us, we have only acquired co-ownership pursuant to the above clauses 8.5 or 8.6, the claim to the purchase price of the Customer shall only be assigned to us in advance depending on the ratio of the total amount charged by us for the reserved products plus VAT - in case of business done under the 'facon principle' depending on the ratio of the total amount charged by us for facon work plus VAT - to the invoice totals of the other goods which are not our property.
Furthermore, provisions as laid down in clauses 8.2. - 8.4. above shall apply correspondingly for claims assigned to us in advance.
If under the laws of a foreign country within the borders of which the reserved products are located, a reservation of ownership or an assignment is not legally effective, the security provision corresponding to reservation of ownership or assignment in this legal sphere shall be deemed to have been stipulated.
If co-operation of the Customer is required in order to create such rights, the Customer shall be bound at our request to take all measures necessary in order to constitute and maintain such rights.
The Customer shall treat the reserved products properly and keep them in good repair; in particular, the Customer shall at his expense sufficiently insure the reserved products against theft, robbery, burglary, fire and water damage. As early as today, the Customer shall assign to us all rights resulting from such insurance and relating to the reserved products. We accept such assignment.
Furthermore, we reserve all rights to assert his claims for performance or claims for damages.
Upon request of the Customer, we undertake to release the securities we are entitled to as far as the recoverable value of such securities exceeds the value of our claims to be secured by more than 10 %. We shall have the right to select the securities to be released at his own discretion.
Customer shall assign claims against us in connection with our performances only with our prior written consent.
The specifications contained in our description of product and performances exhaustively and ultimately define the quality of our products and performances. The specifications constitute an agreement on the quality, subject to warranty, but not a guarantee of specific characteristics. None of the declarations made by us in connection with this Contract constitute a guarantee with the effect of an increase of liability or the assumption of a special obligation of essence. Only explicit declarations to this effect made in writing may constitute a guarantee within the meaning of the Germany Civil Code.
Customer shall not have any warranty claims in case of only insubstantial deviations from the quality agreed upon or in case of only insubstantial impediments to the use of the Product or performance.
The Customer may only assert warranty claims if he has duly observed his statutory duties (§ 377 HBG – German Commercial Code) to examine and to give notice of defects in time.
We shall then notify the Customer whether the goods which are subject to a complaint shall be returned to us or whether the Customer shall wait until the goods are either picked up by us at his site or are inspected by us on site.
In case of a defect of the Product, we are entitled to correct the performance, at our option, either by remedy of the defect or delivery of a substitute Product without defects. If one of these two means of correction of the performance is impossible or unreasonable, we are entitled to refuse such correction.
We may also refuse correction of the performance, as long as the Customer fails to fulfil his payment obligations for the non-defective part of our performance.
In case of remedy of the defect by us, we are obliged to bear all necessary expenses, especially costs for transportation of man and material, working and material costs, unless they are increased due to the fact that the defective Product was transported to a location other than the place of performance without such transport being within the scope of the normal use of the Product.
In case of impossibility or failure of the correction of performance, faulty or unacceptable delay of the correction or final and serious refusal to correct on our part or in case that correction can not reasonably expected to be tolerated by the Customer, Customer shall have the option to either reduce the purchase price (Price Reduction) or to rescind the Contract (Rescission).
Unless otherwise provided for in no. 10.7. and 10.8. below, any other claims of Customer in connection with defects of our Products or performances, no matter on what legal grounds (especially claims for damage due to breach of obligations, claims of tort for damage to things as well as claims for compensation of costs) shall be excluded; this especially applies to claims for damage to other things than the Products as well as to claims for loss of profit.
or gross negligence or of our legal representatives or agents; unless the breach is made on purpose, the liability for damage is limited to the foreseeable damage typical for the type of Contract.
As for the compensation of costs no. 10.7. applies accordingly.
Nos. 10, in particular, nos. 10.6. and 10.8, above do not affect the statutory provisions with regard to the burden of proof.
Customer´s recourse against us according to Article 478 BGB (recourse of the Entrepreneur) exists only insofar as the Customer has not entered into agreements with his Customer which exceed the statutory warranty claims. This is without prejudice to other rules on the Recourse of the Entrepreneur.
If, due to our fault or the fault of our legal representatives or agents, the Product can not be used as contractually intended as a consequence of a lack of advice or information prior to or after the conclusion of this Contract or as a consequence of wrongful advice or information or other wrongful performance of ancillary obligations (especially instructions for use and maintenance of the Product) prior to or after the conclusion of this Contract, the provisions of no. 10.6. to 10.9. above apply, with the exclusion of any other claims of the Costumer.
The following provisions apply to the Customer´s claims other than claims in connection with defective products. However, these provisions shall not constitute a limitation or waiver of our statutory or contractual rights and claims.
Without prejudice to the provisions for delay in payment (no. 5.5.) and impossibility (no.5.7.), the provisions of no. 10.6. and 10.7. above apply accordingly to our liability for damage. Any further liability for damage – no matter on what legal grounds - shall be excluded. This applies especially to claims for damage beside the performance and instead of the performance on the basis of breach of obligations, as well as claims under tort for compensation of damage to objects under Article 823 BGB (German Civil Code).
The limitation contained in no. 10.2. above does also apply if Customer claims compensation of costs incurred.
Any fault of our legal representatives and agents may be attributed to us.
The statutory rules on the burden of proof remain unaffected.
As far as our liability is excluded or limited, such exclusion or limitation does also apply to the personal liability of our staff, employees, legal representatives and agents.
If we breach an obligation of this Contract, Customer shall only be entitled to rescind this Contract, subject to the applicable statutory provisions, if fault for such breach is attributable to us. In the cases provided for in no. 10.5. above (failure of remedy etc.) and in cases of impossibility, however, the statutory provisions unlimitedly apply; as for a rescission of the Customer because of delay in delivery or performance, the provisions contained in no. 5.4.3., 5.4.4. and 5.6. above apply. Upon our request, Customer shall declare within a reasonable delay of time, whether he will rescind this Contract or insist on our performance under this Contract.
We reserve all rights and title to any valuable, new and confidendial knowledge (know how) we dispose of or gain during the performance of any contracts made with us, as well as to inventions and any intelectual or industrial property rights that may exist insofar, unless otherwise agreed upon and as far as the Customer, according to the purpose of the respective contract, is not entitled to use the respective Products.
The term of prescription for rights and claims based on defects of the Products or performances – no matter of which legal nature – shall be one year. This however shall not apply to the cases provided for in Articles 438 cl. 1 no.1, 438 cl. 1 no. 2, 479 cl. 1 and 634 a.) cl. 1 no. 2 BGB (German Civil Code); for these cases a term of prescription of three years shall apply.
The terms of prescription laid down in no. 14.1. above shall also apply to any and all claims for damage against us in connection with defects to the Products – no matter what may be the legal nature of such claims. As for any claims for damage against us which are not in connection with defects to the Products, the term of prescription provided for in no. 14.1. sentence 1 above apply.
In case of fraudulent non-disclosure of a defect known to us or in case of a guarantee with regard to the quality of the Product or performance; in case of fraudulent non-disclosure those statutory terms of prescription apply instead of the ones provided for in no. 14. 1 above, which would apply in the absence of fraudulent non-disclosure with the exclusion of the prolongation of the term in case of fraudulent non-disclosure in accordance with Articles 438 cl. 3 respectively 634 a.) cl. 3 BGB (German Civil Code).
In case of breach of a fundamental contractual obligation.
In these cases the statutory terms of prescription shall apply.
Unless otherwise expressly provided for herein, the statutory provision on the beginning of the term of prescription, the interruption of their running, their suspension an the re-start shall remain unaffected.
The claims for reduction of the purchase price and the right to rescind from the Contract are excluded, if the claim for correction of the performance is prescribed. In such case the Customer may however refuse payment of the purchase price as far as he would be entitled to do so on the basis of his right to reduce the purchase price or his right to rescind from the Contract.
We do not warrant that the use, installation or resale of any of our Product does not infringe third parties' industrial property rights. However, we confirm that we have no knowledge of any such third parties' rights.
If we have a right to damages instead of performance we are entitled to claim as compensation 20 % of the purchase price, in case of business done under the 'facon principle' 20 % of the amount charged for facon work, without VAT respectively, unless the Customer substantiates evidence that only a considerably less damage has been caused.
We reserve the right to claim further damages. With respect to this, for the pupose of minimizing damage and after due discretion, we shall have the right to buy goods in replacement or to have the goods melted down; such shall also apply for business done under the 'facon principle'.
In the latter case, also to the benefit of the Customer who supplied the amount of precious metal which has been stipulated, only such amount shall be set off as will be realized by the sale of the precious metal content of the melted down goods less the loss due to the melting process as well as costs relating to this, e.g. refining costs etc.
Place of performance shall be our principal place of business exclusively, unless otherwise agreed upon.
If Customer is a merchand pursuant to the HGB (Commercial Code), juristic person under public law or public utility fund, place of jurisdiction for all liabilities resulting from the contractual relationship - herein included liabilities from cheques and bills of exchange - shall either be our principal place of business or, at our option, the location of the Customer. This agreement as to the place of jurisdiction shall also apply for Customers having their location in a foreign country.
For all rights and obligations resulting from the contractual relationship between us and the Customer German law, excluding UN Sales Convention (CIS convention on contracts for the international sale of goods of April 11, 1980), shall apply exclusively, without regard to German collision rules.
Should individual provisions of these General Terms and Condition for Purchase and Delivery or individual provisions of other agreements concluded with us be or become invalid, this shall not affect the validity of the other provisions or agreements.
false information given by the Customer or information which has been withheld from us by the Customer relating to his financial situation relevant for taxation.


text:
Vaccine Antibody Theory Is False
New Failed Vax Study Proves Vaccine Antibody Theory Is False
NOVEMBER 3, 2012 by ADMIN in FEATURED, SCIENCE, VACCINES with 12 COMMENTS
http://gaia-health.com/gaia-blog/2012-11-03/new-failed-vax-study-proves-vaccine-antibody-theory-is-false/
Vaccination theory is false, never proven but not questioned. A failed new vaccine against MRSA, V710, demonstrates this fact clearly. Increasing antibody titers, the standard measure of a vaccine's efficacy, is not the same as natural immunity.
Photo by Doug Wheller
A study has clearly documented that the basic theory behind vaccinations—that immunity is provided by the development of antibodies—is wrong. Sadly, it was dead wrong, as people died for the presumption.
The vaccine, V710, is for a disease that was caused by modern medicine: MRSA, methicillin-resistant Staphylococcus aureus, also referred to as the flesh-eating bacteria disease. So, they tried to create a vaccine to fix a problem that the system itself created.
The V710 vaccine was expected to become a blockbuster, as it was intended for use before surgeries and on people entering hospitals to prevent MRSA. What a system: Create a disease and then try to find a treatment for the disease you've created and reap giant profits from it!
The study's failure, though, reveals something highly significant about the entire vaccine industry. It's based on a theory that clearly does not stand up to inspection. If the development of antibodies were the key to "strengthening the immune system", as is routinely declared by doctors and health agencies, then V710′s failure would not have been possible.
By all accounts, the vaccine resulted in a "robust immunologic response", which means that lots of antibodies were created. But when given to people in advance of cardiothoracic surgery, moreinfections happened, and more people died of multiple organ failure.
The study was funded by Merck. The lead researcher, Dr. Fowler, was the chair of Merck's V710 Adivsory Committee. He also has received grants and research support from Merck, Cerexa, Pfizer, Novartis, Advanced Liquid Logics, and MedImmune, plus has been a paid consultant to Astellas, Cubist, Cerexa, Merck, Pfizer, NovaDigm, Novartis, The Medicines Company, Biosynexus, MedImmune, Galderman, and Inimex, and has received honoraria from Astellas, Cubist, Merck, Pfizer, Theravance, and Novartis.
We probably shouldn't be too surprised that Fowler has no idea why the results were so dismal in light of the good antibody responses, saying, according to Medscape:
I can't think of a biologically plausible reason for it.
The study included 3,958 patients who were given the active V710 vaccine and 3,967 who received a saline placebo. 201 people (5.08%) given the vaccine died, compared to 177 (4.46%) who received the placebo. That was 13.9% more deaths in people who were vaccinated.
NOTE: The results were translated into person-years, a construct that strikes me as meaningless in this context. The issue is how many people undergoing a single instance of specific types of surgery succumbed, not how it looks in terms of person-years.
Of the vaccinated patients, 22 got MRSA and 7 of those died. Of the unvaccinated control group, 27 got MRSA and 2 of them died.
Vance Fowler Jr., MD, MPH, study leader and professor of medicine at Duke University, stated:
V710 was not efficacious in preventing S. aureus bacteremia and/or deep sternal wound infection, despite eliciting a robust antibody response. Overall mortality rates were not significantly different for vaccine and placebo recipients.
13.9% more people who got the V710 vaccine died. That was 24 more deaths. Considering the size of the market that was being addressed, had the vaccine made it to market, that would have rapidly translated into thousands of extra deaths directly caused by the vaccine. Overall mortality rates weren't significant?
Reported here are the MRSA rates only, but Medscape also reports that those who got the V710 vaccine and developed S. aureus were 5 times more likely to die than those in the placebo group.
Implications on Vaccine Theory
What we need to take home from all of this is that the basic theory behind vaccinations isn't based on reality. It's based on assumptions. It assumes that triggering the immune system unnaturally to create antibodies is equivalent to developing them from a natural disease process. The fact is that it's not. It's a method of circumventing nature, not duplicating it.
Titers Are Not Immunity
The reality is that no consideration has been given to what happens to the immune system as a whole after vaccination. The only thing of interest has been getting the titers up as high as possible, that is, making the concentration of antibodies as high as they can. That's used as the definition of a vaccine's success. It's used in spite of the fact that titers resulting from vaccines are often far higher than titers that result from natural infections. Yet, natural immunity is usually 100% and lifelong, while vaccine-induced immunity is virtually never anywhere close to 100%, nor does it last more than a few years.
There's obviously a lot more involved in disease immunity than how high the titers can be driven. But you'd never know that. The only thing that's considered is whether an arbitrary titer is reached, not the overall effect of a vaccine.
Antibodies Are Just Part of the Immune System
In the rush to vaccinate, no one considers the effects on the body as a whole, or even on the rest of the immune system. Resistance to disease is far more than antibodies.
The immune system is divided into two parts: humoral and cell-mediated. The humoral immune system is the one that vaccines address. It produces antibodies to infectious agents. When overactivated, it can also create antibodies to the self, resulting in autoimmune disorders, such as rheumatoid arthritis and lupus erythematosus. As is clearly shown by the V710 fiasco, vaccines are not able to duplicate what the body does naturally in fighting an infectious agent—and no one knows exactly what's wrong or has the slightest idea of how to duplicate nature.
The cell-mediated part of the immune system is managed by T-lymphocytes, the T-cells that HIV patients focus on. The T-cells mediate, that is, they manage and control macrophages, natural killer (NK) cells, and antigen-specific cytotoxic lymphocytes and cytokines in response to antigens. The cell-mediated portion of the immune system is the part that you cannot do without. This is the standing part that's ready to respond to virtually any sort of infectious attack or cancer. Yet, vaccine makers pay little attention to it when addressing infectious diseases.
In once respect, it's probably a good thing that cell-mediated immunity is ignored. At least, there's little attempt to manipulate it, although—Alas! it's becoming the focus of some of the newer vaccines that aim at targets other than infectious diseases. However, no consideration is given to whether vaccinations may be harming it, just as virtually all harms done by vaccines are handled by pretending they don't exist.
The fact is that measuring titers is clearly not an adequate way to determine immune system health or strength. The claim that vaccines "strengthen the immune system" is just that—a claim. It has no basis in fact. There is no reason to believe, and every reason to disbelieve, that forcing the increase of titers is equivalent to immunity from disease. It's equally clear that the injection of toxic materials along with antigens is a dangerous practice. We surely don't need to prove that! Nonetheless, the vaccine industry and its minions are injecting heavy metals, deadly chemicals, and substances like squalene that are virtually guaranteed to cause system toxicity and autoimmune disorders.
Perhaps one good thing can come of the failed V710 MRSA vaccine. Perhaps sane heads will pop up and say:
Stop this madness.
Let's look at what we're doing.
Let's ask why more than half our children are systemically sick and will never enjoy good health.
Surely a bit of temporary easing of risk against infectious disease is not worth the results that we can see all around us!
Surely we can stop this madness.
Staph Vaccine Linked to Multiorgan Failure and Death
Merck ends trial of Intercell's MRSA vaccine
Vaccine Fails to Prevent Infections in Heart Surgery
Efficacy, Immunogenicity, and Safety of a Single Dose of V710 in Adult Patients Scheduled for Cardiothoracic Surgery (V710-003 AM2)
Safety and Immunogenicity of a NovelStaphylococcus aureus Vaccine: Results from the First Study of the Vaccine Dose Range in Humans
Intercell, Merck Told to Enroll No More Patients in Vaccine Clinical Test
Merck and Intercell AG Announce Termination of Phase II/III Clinical Trial of Investigational Staphylococcus aureus Vaccine, V710

redpajama_set_name: RedPajamaCommonCrawl


In Mens Clothing > Denim Jackets > Show & Tell and Mens Clothing > 1960s Mens Clothing > Show & Tell.
This gnatty old soiled beat denim Motorcycle Gang jacket from Cleveland Ohio appealed to me and I added to the collection. The "smiling skull" emblazoned with the number 13 I assume has to do with the gang itself. I have not been able to find the specific gang name and tried - does anyone know? ...The large Maltese cross on the back I knew in my youth as a "surfer's cross" - I believe it may have also been called a "biker's cross". This relic of a jacket from the hippie biker era saw some use and we can only imagine what "the use" entailed.
Not any "Charter" style logo, these patches were readily available, back in the day. This would be a "Lone Wolf" cut-off, which means this person was wearing as an expression of their lifestyle. Again not a club, but life choice.
Thanks... which helps it fit the hippie criteria - appreciate your help.
You're very welcome, enjoy looking through your postings, keep them coming.
I agree with Kerry10456. Lone wolf who was just trying to live the biker life. nice piece.


It's really hipster-ish for me to be upset at myself for just discovering a band only to find that they're already the musical guest on Saturday Night Live. I slept soundly. Sleigh Bells is like listening to a children's choir that's probably about to set your home on fire after they get finished singing…at Christmastime. To make things ten times weirder, come to find out Sleigh Bells consists of female vocalist Alexis Krauss and guitarist Derek E. Miller…there are no actual evil children involved in making the gloriously twisted music that the band brings to the table.


Reading the Damiki Rig on Electronics - Bassmaster Video | Watch the latest Bassmaster Bass Fishing Videos from B.A.S.S.
The Damiki Rig was the biggest storyline of the Cherokee Lake Elite event. As well as the technique, reading electronics was a big factor in the success of the Top 12 anglers. Watch as Seth Feider and Jacob Wheeler do work with their graphs.


text:
Q: load json file before app startup and save it in global variable mithrilJs I want to load a JSON file into my mithrilJs app before its startup and want to save this data in some global variable (JSON file is for some run time configuration of mithril application just like app_initializer in Angular)
so far I have done this in my app
import m from 'mithril';
import { a } from './MainView';

var Data = {

    fetch: function() {
        m.request({
            method: "GET",
            url: "./client/config/config.json",
        })
            .then(function(items) {
                console.log(items)
                 // want to store this
                m.route(document.body, "/accounts", a)

            })
    }

}
Data.fetch()

and my Main view file contains
 import m from 'mithril';

 import {Layout} from "./components/layout";
 import {Accounts} from "./components/accounts";
 import {AccountNew} from './components/newAccount';
 export const a={
    "/accounts": {
        render: function (vnode) {

            return m(Layout, m(Accounts))
        }
    },
    "/accountsNew": {
        render: function (vnode) {
            return m(Layout, m(AccountNew))
        }
    },
}

so what could be better approach for this and also I want to store fetched json file data (items) in some global variable like props in react or services in angular , How I can do that to access everywhere in my app

A: The docs state that you can use onmatch to preload data, here is a rough translation of their example:
var state = {
    items: null,
    loadItems: function() {
        if (state.items === null) {
            return m.request("./client/config/config.json").then(function(items) {
                state.items = items;
            });
        }
    }
};

const a = {
    "/accounts": {
        onmatch: state.loadItems,
        render: function (vnode) {
            return m(Layout, m(Accounts))
        }
    },
    "/accountsNew": {
        onmatch: state.loadItems,
        render: function (vnode) {
            return m(Layout, m(AccountNew))
        }
    },
}

You can read their two examples in the documentation here: Preloading data.
Alternative solutions
These solutions don't really involve mithril because your are really loading the data before mithril is even used.  You should be able to pass your state variable into the component as an attribute, ie. return m(Layout, m(Accounts, {state}));
Dumping JSON String into server side template
If you control the server side as well you can just dump your configuration directly into a global variable by outputting an escaped JSON string assigned to a javascript variable in your base template.  I do this to dump model information or session information so my client side code can use it.
<script> var config = ${escapedJSONStringInServerVariable};</script>

Import config directly
You can also just import the configuration directly into your app if you rewrite your config.json to just export your configuration as an object.
import {Config} from ./client/config/config.js
Call m.request directly
Finally you can also just assign the promise returned from m.request to a var and return that promise in loadItems.  This should fire m.request immediately but prevent the loading of your templates until the promise is resolved.

var state = (function () {
    var configRequest = m.request({
        url: "./client/config/config.json"
    }).then(function(items) {
        state.items = items;
    });
    return {
        items: null,
        loadItems: function() {
            return configRequest;
        }
    };
})();

A: Try to save it in sessionStorage and check it after every reload.
if(!sessionStorage.key('myJson'))
     sessionStorage.setItem('myJson','myJson')

redpajama_set_name: RedPajamaStackExchange


text:
Kershaw daily
Clayton Kershaw day by day: An opening day blowout
The Dodgers opened the 2016 season in style in San Diego
By Eric Stephen@ericstephen Apr 4, 2020, 9:00am PDT
Share All sharing options for: Clayton Kershaw day by day: An opening day blowout
Photo by Denis Poroy/Getty Images
Today's look back at Clayton Kershaw games remembers a blowout win by the Dodgers, 15-0 to open the 2016 season against the Padres in San Diego. It was Kershaw's sixth opening day start, and his only start so far on April 4.
The 15 runs scored by the Dodgers were their fourth-most in a Kershaw start, set a major league record for the biggest shutout win in opening day history, and tied the National League mark for largest opening day margin of victory.
Kershaw allowed only a walk and a single early on, and retired his final 13 batters faced in his seven scoreless innings, striking out nine. He was pulled for a pinch hitter in the top of the eighth, after 96 pitches, and after the Dodgers scored all 15 of their runs.
From my game recap:
"It was vintage opening day Clayton. Hew as focused and ready to go. He comes to spring training ready for opening day, it seems like," catcher A.J. Ellis said. "He had a good idea of what he wanted to do, knowing a lot of these guys already. He had a great game plan going in, and it was just about execution."
This was the 11th of Kershaw's 16 career starts at Petco Park, of which he allowed two or fewer runs 14 times. Kershaw has a 1.68 ERA in San Diego, and has a scoreless start at Petco Park in each of the last four seasons.
At the plate, Kershaw was 1-for-4 and scored a run. All nine Dodgers starters scored in this blowout. This 2016 game was chronicled by SB Nation last year for its lopsidedness.
The outing (W, 1-0): 7 IP, 1 hit, 1 walk, 9 strikeouts
Up next: Another two-start day, April 5
Dodgers sign RHP Kosuke Matsuda The Dodgers signed 23-year-old Kosuke Matsuda to a minor-league contract. The right-handed pitcher is recovering from Tommy John surgery.


Learn how you can renew your items various ways.
Find out how many of each type of material you are allowed to check out.
Interlibrary Loan is a service to Blount County Public Library cardholders in good standing to obtain materials not owned by the library.
The Seed Library will is available during growing season March through October. They will be available for adults and children.
Blount County Public Library always need volunteers.
From wireless internet access to story time for toddlers, monthly artists exhibits to interlibrary loans, to Blount County history & genealogy research the Blount County Library is here for you.


Karen is another member of our team who has spent her full career with Pele!!!
She looks after a lot of "hair up" clients for red carpet events and weddings etc.
Karen also is an expert with curly hair, which as I'm sure we would all agree, can be difficult to tame,and she wears curly locks herself!!
Very much a team player, her personality makes her an extremely fun stylist and she works to a very high standard with every client.
Name: Karyn McKinstry...punctual/memory woman.... NOT!!!!
Favourite Food: Don't like ketchup but LOVE everything else!!
Favourite Band/Music: Everything apart from Oasis!!
Favourite Holiday destination: Vegas baby!
Something you never knew about me: I've got cute size 3 feet!!!!


text:
Archive for October, 2012|Monthly archive page
action, building blocks, collective, decisions, disputes, innovation, launch, politics, problem-solving, problems, software, software-development, thinking, tools
Building Block #3: The Collective Mind
In Building Blocks, Decision-Making, Innovation, Politics, Problem-Solving, Program Launch, Resolving Disputes, Software, Taking Action, Technology, The Collective Mind on October 29, 2012 at 3:08 am
The world is now severely splintered into binary camps: Republicans and Democrats, the haves and the have-nots (money, education, computer literacy, and more), globalists and nationalists, pro-life and pro-choice, … The list goes on and on. The media and hardcore advocates seem to denounce any form of a middle ground. The chasm between opponents grows even further with the spread of propaganda by extremists.
No human being can accomplish anything if filled with indecision. As a society, humans are torn by indecision—often called gridlock in political circles.
Behind the scenes, however, open-minded people work fervently to narrow the gaps, in order to bring our collective mind to some resolution.
The problem is that the available tools are primitive. With traditional web sites, outrageous claims draw large numbers of people, and the voices of reason go unnoticed.
Major breakthroughs will happen in rapid succession when tools allow people to quietly problem-solve together without publicly showing weakness by making apparent concessions. The key is for individuals to work towards their personal goals without all the labels that the media and extremists insist on applying. Collectively, all opposing camps will be achieving their most important goals.
America 2029 is developing these advanced tools for building the quiet collective mind.
Imagine a world… where the wealthy and the economically disadvantaged consistently get ahead together, … where those who have not can offer significant value to those who have, … where America triumphs by helping the world, … where abortions are reduced by respecting the rights of women, … where every obstacle turns into a new opportunity!
This is not just a poetic John Lennon-style imagining. It is the logical consequence of developing the right technologies. The America 2029 program is not about changing politics. However, just as Twitter and cell phones have transformed oppressive regimes by getting the word out, America 2029 will create a domino effect that will ultimately make traditional politics obsolete. Political posturing will disappear just as surely as the telegraph machine—not because of any law or lobbying, but because the incentive for political posturing will be gone. We are approaching a crossroads in history.
building blocks, communication, education, innovation, launch, learning, mobile apps, oasis standards, protocols, smart tvs, software, software-development, standards, technology, tools
Building Block #2: Protocols and Standards
In Building Blocks, Communication, Education, Innovation, Learning, Program Launch, Software, Standards and Protocols, Technology on October 20, 2012 at 5:14 pm
Many companies are reluctant to agree to protocols and standards, instead striving for competitive advantage by standing out from all the competitors. Certainly it's good to offer something "extra," but in today's rapidly changing world, customers want to know what they can count on. Will your device, software, or approach work with other devices, software, or approaches, now and in the future?
Protocols and standards remove uncertainty and accelerate the pace of change. Perhaps your company would rather slow things down. If you do, it will be at a cost.
Protocols and standards are a valuable building block for handling all the inevitable changes occurring. Not implementing protocols slows down the rate at which you solve problems. It does not slow down the rate at which problems occur!
Remember to use as many protocols and standards as possible, as building blocks on your next major project. If protocols and standards don't exist, work with industry leaders to create them. Tell the industry leaders this message: Creating protocols and standards makes you a leader; waiting for others to create them makes you a follower. One way or the other, talk up protocols and standards, and get as much consensus as possible. Make it clear you're working on behalf of your customers, to deliver what they need.
The following protocols and standards will create major breakthroughs in commerce:
Broad adoption of many OASIS standards, like OASIS DITA.
A wide range of standardized mobile apps for students to learn and use in the real world.
High-level application tools for end users to design and run their own applications, in the same way that they now use spreadsheets and simple database queries.
An XML extension and HTML adaptations to permit smart TVs to classify and broadcast Internet content, creating "unlimited channels."
Any protocol or standard where U.S. companies in an industry agree to come together and collectively win their share of the global market.
building blocks, communication, education, innovation, launch, learning, memes, speed of change, tools
Building Block #1: Memes
In Building Blocks, Communication, Innovation, Learning, Program Launch, Technology on October 15, 2012 at 3:32 am
The concept of a meme—"an idea, behavior or style that spreads from person to person within a culture" (Merriam-Webster, 2012; in other words, something that "goes viral")—has been around since 1976, coined by British evolutionary biologist Richard Dawkins (Dawkins, 1989, p. 192). Not surprisingly, the concept of memes has gone viral, with students everywhere passing pictorial memes from the popular meme websites. At the moment, though, everybody sending and receiving memes has no idea of their true power.
Pictures with text are an ideal form for a meme, although single-word and short-phrase concept titles also work well, like evolution, the Green Movement, diversity, and so on. Just saying one of these phrases—in a positive way—lets you belong to a vast global movement.
Memes are driving forces in society. Richard Dawkins created the term to explain sociological evolution. To date, however, I don't believe that anyone has tried to engineer social forces using memes—until now.
What if memes could be used as a universal communicator throughout the world?
Even within a nation, jargon creates language barriers. A common meme-based vocabulary of words, phrases, and images, however, could break down those barriers.
Memes let you think across disciplines. You don't have to understand the underlying engine for an idea to refer to it. You can talk about the Green Movement without even understanding its major components and ideals. For example, you can speak about getting the Green Movement and advocates of diversity together to create a new global Bill of Rights and Responsibilities. Memes let you think "big picture."
Let us consider how memes might work as a social engineering force.
The ubiquitous smiley face has become overused (that's a hazard of something that goes viral), yet most people still translate the image as "Have a nice day!" Of course it also connotes happiness. For that matter, emoticons and icons everywhere become universally recognized.
Consider the following statement:
If people around the world could agree to a simple formula like this, it would go viral, and millions of people could work together, independent of their mother nations, and their respective laws. Naturally, the words would be translated by a translator into respective languages. Once someone learns this meme, however, they can recognize it on a website regardless of the language. What's more, people of different languages can then carry on a simple dialog to agree (or disagree) on other principles based on other memes.
Consider the ramifications for the workplace. Executives, industry experts, technology experts, trainers and mentors, administrative staff, salespeople, and more will be able to converse freely in memes. Memes will serve as mantras to unite, while keeping core values front and center.
Do you see how memes will accelerate thinking and communication? If not, fasten your seatbelt. If you thought ideas and events were happening too fast already, get ready for the meme-driven world.
Do you like this idea? Why not tell others about America 2029? The website is America2029.com. Let's see if the America 2029 logo can go viral!
Dawkins, Richard (1989). The Selfish Gene (2 ed.). Oxford, England: Oxford University Press.Merriam-Webster (2012). Meme.
Merriam-Webster Dictionary. Chicago, IL: Britannica Online. Retrieved 10 October 2012 from http://www.merriam-webster.com/dictionary/meme
building blocks, communication, corporate strategists, innovation, launch, software, software-development, technology, tools
In Building Blocks, Communication, Innovation, Program Launch, Software, Technology on October 6, 2012 at 5:53 am
The key to productive innovation is to identify, label, and use building blocks, rather than building from scratch. At this point, the number of tools, standards, protocols, and other building blocks is growing at an unmanageable rate. The key is for innovators to access this information efficiently.
Most of these building blocks are accessible only by technology gurus, with little written guidelines for application experts. Experts in all domains should be planning how to incorporate such tools as RDF (Resource Description Framework), OASIS DITA (Darwin Information Typing Architecture, FOAF (Friend of a Friend), the HTML "link" element, and an entire alphabet soup of other building blocks. These tools let developers create "smart" systems that are easier for humans to use, yet ironically, the tools themselves are not accessible to mere mortals.
As soon as CEOs and other corporate strategists can use these tools to talk to various levels of management, and have the domain managers instruct developers to use these tools within their specific domains, then the true power of these building blocks will become evident. Right now, the building blocks are mere toys for technologists to play with.
Henry Ford took all the knowledge of the garage tinkerers and formalized it into the modern assembly line. We are at the point in history where the world is ready for us to automate knowledge creation using these building blocks.
davis guggenheim, education, innovation, launch, national center for education statistics, waiting for superman
Waiting for Superman?
In Education, Innovation, Program Launch on October 6, 2012 at 4:26 am
Davis Guggenheim named his movie on the plight of education Waiting for "Superman" because of the childlike hope that people seem to have that someone (some thing?) will come and fix the system.
The U.S. education system has been described as "broken," "in crisis," and "failing." These are strong words. Apparently government officials and businesses have decided that education must get us out of our current global crisis, where Americans are reportedly unable to compete globally.
Compared to other developed nations, our test scores clearly lag. It should be pointed out, however, that in many of those nations, individuals have highly restricted ranges of choice, and students are made to feel the stress of the nation in their performance records.
Davis Guggenheim notes that American students rank first in confidence, despite their low performance. I would argue that confidence and optimism are probably stronger predictors of success than test scores. All the data that I have seen strongly suggest that this is so. Imposing the stress of our nation on the students—as other nations do—would only lower self-esteem. It is the positive American spirit that has been the source of our innovation in the past.
I hope that the irony of the title has not escaped Guggenheim and the educational community: There is no Superman! People are waiting for the impossible to happen. Clearly there are many social needs that education can address—and it will continue to do so. However, just because educators are not superhuman does not mean that they have failed our nation in their duty.
Let's check the official record, as recorded by the National Center for Education Statistics, a branch of the U.S. Department of Education. Over the last twenty years:
Dropout rates are down.
Number of math and science courses taken are up.
Number of AP courses taken are up.
Average SAT scores are flat (math up and reading down).
Numbers of African American and Hispanic students getting college degrees and graduate degrees has risen dramatically in the last 10 years, suggesting that high schools are successfully preparing them.
Even the flat SAT scores are not of concern, in that there has been an increase, during this time period, in the number of students taking these tests. As more students take the SATs, less talented students now have the opportunity to participate in the program, creating downward pressure on average scores. This is a statistical phenomenon. You would expect scores to be lowered during this time period, and yet they have remained flat, defying the downward pressure.
My point is this: Educators have continued to make steady progress, but not at the same rate as other developed nations, many of which place undue stress on students. The problem is that this progress has been linear—as most human progress through history has been.
Human technology grows exponentially, but individuals learn information, day by day, in a linear fashion. Critics are blaming educators because they and their students can't keep pace with technology. Teachers haven't been able to program their students for nonlinear growth. Yet, all throughout business, the problem is the same: Humans haven't figured out how to grow exponentially.
Actually, students today—the Millennial generation—are better equipped than most adults to handle this exponential growth of knowledge. It is true that they memorize fewer facts, including such basics as the fact that Canada is north of the United States. At the same time, they can "Google" anything they want and provide you with the answers that you seek for today's global world.
How, then, will America deal with the need for exponential growth of human talent? Neither schools nor businesses are providing this urgently needed growth.
America 2029 will be our nation's Superman. It will provide the breakthrough tools so that humans can process data at exponential rates. It derives these super powers from a near-certain event that will occur in 2029, as technology continues to grow exponentially with absolute mathematical precision.
innovation, launch
Creating America 2029
In Innovation, Program Launch on October 3, 2012 at 11:20 pm
America 2029 is a program to stimulate the U.S. economy through a series of innovations that will culminate in a breakthrough innovation anticipated for the year 2029.
The current sluggishness in the economy was brought on by a lack of innovation. When a big innovation like the PC or the World Wide Web comes on the market, the economy is fed by a flood of additional innovations.
Restarting the economy will be a lot easier than people think. We just have to focus on the right innovations—innovations that people and businesses are secretly just waiting to buy.
Everyone is waiting for a breakthrough in the economy, and they know that it's not going to come from government stimulus, whether Republican or Democratic.
America 2029: Be a part of the solution!


Auto Auction Mississippi Government Auctions and more. Thousands of seized vehicles and trucks!
The Staff at Mississippi Auto Auction goes above and beyond normal limits to ensure customer satisfaction. Mississippi Auto Auction has been the recipient of several awards for customer service and overall service of vehicles.


Both events are the National Championships and qualifiers for the National Teams.
A reminder that you must be an ACU member to score points for the Series Champions Awards.
Have a great season !!!
The selection of the athletes that will represent Canada at the World 24 Hrs Championships in Belfast, Ireland, on Jul 1-2 2017 is complete.
Congrats to the CDN contingent who ran in the inaugural Americas Continental 100k Championships today at the Madcity 100k in Madison, Wisconsin.
The temperatures were decent but high winds made for a challenge for the athletes.
Julie Hamulecki of Toronto placed 2nd female and ran a personal best of 8:03:46 and came within 47 seconds of the CDN record held by Ashley Evans.
Stephanie Simpson of Montreal, Quebec ran 9h32m gutting out 30k when her pace fell off but kept moving forward to hit that finish line!
A huge thank you to Race Director Timo Yanacheck and his team for a great race and for being incredible hosts. And to Lin Gentling and Nadeem Khan from the IAU for getting the Continental Championships coordinated and running!
The 2017 Canadian National Trail Team has been named.
The 2017 IAU World Trail Championships are June 10th in Badia Prataglia, Italy.
Congratulations to all 2017 team members!
Please ensure all your performances are posted on the ACU Rankings List and that your membership is up to date.
Shortly after the selection is complete, formal invitations will be sent to selected athletes.
The Final Rankings for 2016 has been uploaded, and we are working on the first part of 2017.
Please ensure that your performances are listed and accurate. For errors or omissions contact the ACU statistician.
We are making every effort to insure all events are captured but for those competing abroad, it is your responsability to forward your results to the ACU.
Congratulations to all and all the best for the upcoming season!!
2016 is over and what an exiting year it was. We have experienced outstanding performances, numerous records and great achievements.
Every year the ACU name a man and woman Athlete of the Year based on nominations received from the running community.
Athlete of the year 2016 (Men and Women) nominations will be accepted until April 15th 2017.
Please use the ATHLETE OF THE YEAR AWARD NOMINATION FORM located in the menu tabs under "Athletes" to submit your nominations.
Let's recognize their acheivements !!!


While Robert's latest blog discusses the difference between public schools and private schools in relation to sectarian institutions, I'd like to discuss the dichotomy in more depth, especially in regard to the schools which Jon B. Gould mentions in his piece (subscribers only) in the Chronicle—Brown, Johns Hopkins, and Pace.
Liberal arts institutions that advertise themselves as welcoming the fullest pluralism and debate too often have little time, patience, or tolerance for students who dissent from the political assumptions of the institution. Unlike many schools that openly declare a religious or other particular mission, most secular, liberal arts institutions still present themselves to the public as intellectually diverse institutions dedicated to the free exchange of ideas. They should be held to that standard.
Gould writes that during the first week of February this year, FIRE featured the private institutions of Brown, Johns Hopkins, and Pace. These examples are supposed to contradict a statement by FIRE's former executive director that private institutions "should be permitted to 'set up their own systems' of speech regulation." However, a quick look at Spotlight and FIRE's case documentation shows that in setting up their own systems of speech regulation, each of these schools chose to publicly dedicate itself to free expression and association, and each school then dishonored that promise.
Each member of the University community is required to cooperate with the University in its endeavors to foster and maintain the freedom of expression and exchange of ideas necessary to achieve excellence in teaching, learning, scholarship and service. The University strives to protect the rights of its students and employees (including faculty members) to publicize opinions through written and oral communications; to organize and join political associations; to convene and conduct meetings; and to advocate, demonstrate and picket in an orderly fashion.
Concerned students from each of these schools came to us because they correctly believed that their school had promised them the right to speak and associate freely. And yet, at each school, for different and often unclear reasons, administrators chose not to honor those promises. How can we expect students to live full, intellectually rigorous lives while at school if they don't know when administrators change the rules, unannounced and often conditionally, as they see fit?
FIRE does not tell private schools how they should define themselves or their missions. That, in effectively compelling speech and association, would be antithetical to our mission. We do expect schools to be forward and honest about their missions and promises; and we do expect schools to honor their statements once they have made them.


text:
Sonic CD™
It's time to usher the past into the future in this enhanced recreation of Sonic CD!
At the end of a long adventure, Sonic travels to the distant shores of Never Lake for the once-a-year appearance of Little Planet - a mysterious world where it is said that past, present, and future collide through the power of the Time Stones that lie hidden within it.
Sonic arrives with a star struck Amy Rose in tow only to find the once beautiful world chained and imprisoned beneath a twisted metallic shell. Sonic's nemesis, Dr. Eggman (a.k.a Dr. Robotnik), has come for the Time Stones and with them, will soon have the power to control time itself!
The fate of the world is determined by the choices you make throughout your adventure! Fight through the past, recover the Time Stones, and defeat the evil Metal Sonic in order to save the future from Dr. Eggman's nefarious schemes!
Classically Updated
Sonic CD has been restored to bring you a classic gaming experience in 16:9 native widescreen with gameplay optimized for today's consoles and mobile platforms!
Play at Home…
And earn Xbox Live Achievements, PSN trophies or Steam Achievements!
Or On the Go!
Featuring GameCenter achievements, leaderboards, and Retina Display for iOS and Xbox Live trophies and leaderboards for WM7
By Popular Demand
Sonic CD now features the original, acclaimed Japanese soundtrack!
© SEGA. SEGA and the SEGA logo are either registered trademarks or trademarks of the SEGA Corporation. "PlayStation" and the "PS" Family logo are registered trademarks and "PS3" and the PlayStation Network logo are trademarks of Sony Computer Entertainment Inc. Microsoft, Xbox, Xbox 360, Xbox LIVE, and the Xbox logos are trademarks of the Microsoft group of companies and are used under license from Microsoft. iOS/Android/Mobile Versions Not Rated by the ESRB.


At Infinite Networking Solutions, we pride ourselves on being among the top integrators in Maryland, Washington, D.C., and Virginia. We are a privately owned business dedicated to giving you the very best to meet and exceed your telecommunications and infrastructure needs. With the expertise of our in-house professional engineers and qualified technical staff, your project will be delivered on time and within your budget.
Our team has more than 20 years of experience in providing quality installation services of structured cabling systems. We have worked as government contractors and helped the military with project management. Our employees can also work with small to large companies.
We are proud to be a minority-owned and disabled veteran-owned business.
Structured cabling is the design and installation of telecommunications infrastructure. By linking different hardware, we are able to create systems that enhance business processes and functionality for your business needs.
Call our team today to get a quote on your project. Feel free to ask us questions to learn more about our services.


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redpajama_set_name: RedPajamaGithub


Offering one and two bedroom units, for singles and couples as well as groups.
One and a half hours to Christchurch. Under three hours to Picton. Ten minutes to Gore Bay.
Just over an hour to Kaikoura, an ideal spot for exploring North Canterbury.
We are located at the southern end of Cheviot township, the large red brick motel on your right when coming from Christchurch on state highway one.
An hour and a half out of Christchurch, under three hours to Picton. Ten minutes from Gore Bay. We are ideally positioned for people seeking a rest stop between destinations or for people wishing to explore the North Canterbury.
We offer seven, one, two bedroom units, all units have their own en suite bathrooms and living areas, as well as cooking facilities.
We offer corporate rates and discounted rates for longer stay travellers, contact us directly to discuss your situation.
All our units are non smoking, though smokers are welcome to indulge outside ashtrays and seating is provided. All our units are on the ground floor and have no units above them, for those concerned with earthquakes.
We offer continental breakfasts which are made and delivered to units at night. We also offer simple late night meals, subject to availability, please contact us for more information.
All rooms come with provided linen. Electric blankets, radio/alarm clock, complimentary tea/coffee/hot chocolate/milk/coffee plungers, cutlery, fridge, microwave and a flatscreen TV.
Sky guest select, with sky movies and sky sport options.
We have a guest laundry which is available to all guests during normal business hours. Irons and ironing boards are also available in all units.
We are open till late most nights, allowing guests traveling between the main centres after it gets dark to check in.
We service all rooms daily providing new towels as required, as well as a general touch up of rooms.
All enquires will be replied to within 24 hours.
All prices are in New Zealand dollars and inclusive of GST, unless otherwise stated.


Crested Butte has long been recognized as the last great Colorado Ski Town. Words like authentic, genuine, unpretentious and fun come to mind again and again after visiting this spectacular valley. Group events in Crested Butte are unforgettable because of our unmatched surroundings and outstanding celebrations. It is the perfect setting to disconnect from the stresses of everyday life- and reconnect with family, friends and colleagues.
Bustling with action, yet laid back in attitude, Crested Butte offers something for everyone. You can feel the vitality as you wander through the quaint, Victorian style, national historic district. Crested Butte has many choices for fine dining, locally crafted brew pubs, unique shopping and exciting night life. Plus a convenient, free shuttle to take your group from the Resort into Town.