The case under consideration concerned legal proceedings brought by an Italian seller of cooking accessories against a hotel business in Valais. The seller sought payment of the sale price of an oven, while the defendant asserted warranty claims.
The court determined the sale price on the basis of the following argument: When a buyer placed an order for goods of a kind that the buyer had never purchased and without any reference to the price, the order constituted an invitation to make an offer and the seller made a proposal to enter into a supply contract. The buyer assented to the offer by accepting the goods, either using them or reselling them. If the seller did not indicate the price of the goods supplied, it was presumed to refer to the price normally charged.
In the present case, the court concluded that the amount claimed by the plaintiff was almost 30 per cent lower than the list price and hence of the market price, so that the sale was deemed to have been concluded at the price thus requested.
The court held that the CISG did not contain any rules on the currency in which payment had to be made or on lawful methods of payment. In the absence of any contractual provisions specifying the currency, that question was governed by national law as determined by the conflict rules. In the light of those considerations, the claim submitted in Swiss francs was granted in euros.
With regard to the warranty claims asserted by the defendant, the court commented on the CISG rules applicable to defect warranties. Its deliberations included a brief analysis of judicial practice on determination of the question of the time limit for giving notice within the meaning of article 39 (1) CISG. However, that analysis was of no specific significance since the court concluded that the defendant had in any event forfeited any defect warranty rights owing to expiry of the two-year period specified in article 39 (2) CISG.
The plaintiff obtained payment of interest on arrears, pursuant to articles 78 and 59 CISG. The amount was fixed in accordance with national law as determined by Swiss private international law.
By statement of claim dated 5 October 2004, Plaintiff of Italy [Seller] brought an action against Defendant of Switzerland [Buyer], claiming payment of 10,151.50 Sf [*] plus interest of 5% running from 8 May 2002. In its response dated 21 January 2005, [Buyer] requested the rejection of the claim, including costs and expenses.
During the preliminary hearing of 6 April 2005, the parties introduced the means of evidence. In addition to the deposit of documents, the taking of evidence consisted in witness examinations and the interrogation of the parties.
Closing the hearing of evidence, the district judge of Sierre referred the records of the case to the Tribunal cantonal on 9 June 2006.
1. a) [Seller]'s business consists of manufacturing, repairing, acquiring and selling kitchen equipment.
[Buyer] manages Public Utility E in ___. F presides over the board of directors of the company as sole signatory. Mrs. F also manages the company Hotel G, which operates a hotel of the same name. Mrs. F's husband, H, is the manager of this hotel. At the time in which the facts of this case are placed, Mr. H was also the commercial manager of Public Utility E. He was authorized to give orders to the personnel of both companies. Between 2001 and 2003, I worked as executive chef in Hotel G. He was, among other things, responsible for the facilities, the materials and the purchases for the kitchen of Public Utility E.
At a time not documented in the records of this case, but in any case prior to March 2002, [Seller] maintained contractual relations with Hotel G, and even with [Buyer]. On the occasion of works having been carried out at the Hotel G, Executive Chef I had, in particular, invited [Seller] to make offers regarding kitchen equipment. Hotel G accepted these offers by returning them to the offeror, signed and stamped by the company. The price of the material delivered by [Seller] amounted to about 60,000 to 80,000 Sf.
b) On Friday, 8 March 2002, the oven in the kitchen of Public Utility E had a breakdown. In the afternoon, Executive Chef I asked [Seller] to repair the defective equipment or to replace it. This was one day before the weekend, in the middle of the high season; urgent action was required. Under circumstances not documented in the records of the case, Executive Chef I rejected the repair of the oven. K, representative of [Seller], contacted its oven supplier, Company L in ___. Talking to the sales manager M, K indicated the reasons why it was necessary to deliver a replacement oven to Switzerland the next day (M, file 4, p. 166: "... I remember that the oven of the end customer did not work anymore and that it had to be replaced urgently."). Company L only had one oven available, displayed in its exhibition hall. K proposed this oven -- of the brand and type Lainox ME 110 P, to Executive Chef I. As the person responsible for the kitchen facilities at Public Utility E, after consulting with Mr. H, the manager of Hotel G -- who authorized him to proceed -- Executive Chef I accepted K's proposal.
On Saturday, 9 March 2002, at 7 h 50, [Seller]'s representative K took possession of the oven in dispute from Manufacturer L. The manufacturer handed out the transport document. It specified that the article had been sold (document 5, p. 17: "causale del trasporto: Vendita" ["reason for transportation: Sold"). Afterwards, K headed to Public Utility E. There, K discovered that, due to its volume, the equipment could not fit through the kitchen door. The parties agreed to postpone the installation. In the meanwhile, Executive Chef I placed the oven in the localities of Hotel G. The day before Easter -- 31 March 2002 -- the employees of that company broke the embrasure of the kitchen door at Public Utility E and could thus install the oven. During transport they damaged the handle bar of the oven. A few days later, [Seller]'s representative K repaired the oven and put it into operation.
For about 15 to 30 days the oven worked well. Then, the users were confronted with a breakdown caused by the relay. [Buyer] asked [Seller] to repair the defect; the technician proceeded with the repair. Thereafter, Executive Chef I "finished the season" without being aware of any further breakdowns.
In January 2003, personnel of Hotel G dismantled the oven. On 4 February 2004, Company O Professional Kitchens S.A. estimated the repair costs to be 2,152 Sf for the "combi-steamer" which "contains one main motor (...), 1 supporting motor (...), 1 supporting internal motor (...), 1 joint motor (...), 1 turbine of 300 mm diameter, 1 fan (...)". The company also made an offer to [Buyer] with regards to a second-hand steam and hot air oven of the brand Lainex. According to P, who is the manager of O Professional Kitchen S.A., the oven in dispute was inside the premises when the company's technician made the estimate of the costs. After that, [Buyer] did not mandate O Professional Kitchens S.A. to repair the oven.
c) [Seller] had paid Manufacturer L the price of the oven Lainox ME 110P, which according to the catalogue amounts to 9,813 €.
On 8 March 2002, [Seller] sent [Buyer] the bill for the oven in dispute, with an amount of 6,972.17 €, payable within 60 days. By courier of 23 May and 9 July 2002, [Seller] addressed reminders to [Buyer]; referring to a request from Grand Hotel Q by Mrs. F, [Seller] confirmed that the oven was subject to a guarantee of 12 months, starting from 8 March 2002. On 4 December 2002, [Seller] ordered [Buyer] to pay the amount of 6,972.17 € within 15 days, failing which [Seller] would take legal action. Following this, [Seller] mandated Company R to proceed with the debt collection. On 21 January 2003, R thus claimed from [Buyer] the payment of 6,972.17 € plus default interest and compensation for the "monetary re-evaluation" -- = 246.41 € -- and also "agency fees" -- 1,949.65 €.
S, acting on behalf of [Buyer] answered on 23 January that the [Seller]'s claims are contested. In accordance with what had been agreed, in S' view, S requested the [Seller] to take back the oven and to repair the damage caused during the delivery.
On 19 February 2004, [Seller] had [Buyer] notified of a summons to pay, issued in the debt collection procedure No. 86309 at the Office des Poursuites [*] in Y, about a sum of 10,151.50 Sf, with interest of 5% running from 8 May 2002. [Buyer] filed an objection.
d) H, the manager of Hotel G, did not participate in the precontractual negotiations. He did not know the "exact discussions" between Executive Chef I and [Seller]'s representative K. Under these circumstances, he was not even able to tell whether [Buyer] [Translator's note:[Seller] must have been intended here.], "given the good commercial relations", delivered the oven in dispute "without obligation". Mr. H, nevertheless, stated that, if he had bought an oven, he would have solicited offers from other companies. H stated that [Buyer] had not authorized Executive Chef I to buy a new oven.
Mrs. F, manager of the company Hotel G, also did not intervene during the contract conclusion. Executive Chef I certainly did not affirm to her that [Seller] was unwilling to replace the oven free of charge; on the other hand, he also did not indicate a purchase price or rental fee. With regards to the previous contractual relations and the works Mrs. F wanted to mandate [Seller] with, she thought that "it was normal" that [Seller] "would bail them out for free". Mrs. F took notice of [Seller]'s claims when she received the courier of 23 May 2002.
e) It has to be determined, on the basis of the circumstances of the case, whether the parties agreed to a complimentary concession, from [Seller] to [Buyer], of the right to use the oven or rather to a transfer of the property in the oven against payment. The following indicators (aa to ee) are sufficient to convince the court that [Seller] intended to obtain payment for the oven Lainox ME 110P, against title to the oven, and that this intention was well understood by [Buyer]. The common and real intention of the parties can therefore be inferred from the facts of the case.
aa) Executive Chef I asked [Seller] to repair the defective object or to replace it. These were the two alternatives. Notably, the person responsible for installations of the kitchen did not express the wish to benefit from the use of another oven in the meantime, in case [Seller], or an instructed third party, was not able to repair the oven.
bb) [Seller] did not have an oven, the right to use of which it could provide for a certain length of time. [Seller] had to buy the object in dispute from oven manufacturer L. After satisfying itself of the availability of the item, [Seller] informed Executive Chef I of its characteristics. The prospect accepted the offer; beforehand, he had consulted H, the manager of hotel G, who authorized him to accept the offer. If it had been a complimentary service, this authorization would not have seemed necessary.
cc) The married couple Mrs. F, manager of the company Hotel G, and Mr. H, manager of the hotel G, participated neither in the precontractual negotiations nor in the contract conclusion. Neither to Executive Chef I nor to [Seller] did they declare their intention to benefit free of charge of the use of the replacement oven during the period of repair of the defective oven; by the way, they did not establish to have any repairs undertaken.
dd) The behavior of [Buyer] after the delivery of the oven Lainox ME 110P also permits one to draw conclusions on the subject of the parties' common will which motivated the parties to conclude the contract. [Seller] sent its bill on 8 March 2002, reminders were sent by courier on 23 May and 9 July 2002. After receipt of the reminder of 23 March, Mrs. F asked for a copy of the bill. She neither contested the price in principle, nor its amount; she did not express any surprise. In October 2002, she further requested [Seller] to send her a letter of guarantee. This behavior of [Buyer], over several months, explains itself if one admits that an agreement about the price was entered into by the parties before the contract conclusion. Not until several months after the delivery of the Lainox oven, on 23 January 2003, did [Buyer] assert a contrary understanding. Mrs. F declared that, errors excepted, in summer 2002, she tried to find out why [Seller] did not retrieve the oven in dispute. This declaration is not supported by any document in the records. To the contrary, the fact that the personnel of Hotel G dismantled the oven in January 2003 and asked [Seller] to take it back at that time, contradicts the assertion of Mrs. F.
ee) The behavior of the parties, after 8 March 2002, also helps the court to reveal their intentions.
[Seller] paid the transport costs and custom duties. [Buyer] never offered to reimburse [Seller] for these costs. [Buyer] neither alleged nor, a fortiori, established the existence of any agreement to that effect. If the parties had agreed on a rental, [Buyer] would have had to bear these costs (cf., with regards to national law, Higi, Commentaire zurichois, at Art. 305 CO [*], para. 92). In the following, [Buyer] did not restitute the oven at the place where it was at the moment of the contract conclusion, although for rental contracts, if the parties did not specify anything, the obligation of restitution is a dette portable [*] (Higi, at Art. 305 CO, para. 48 et seq.).
2. a) Art. 1(2) LDIP [*] provides for the application of international treaties in the field of international jurisdiction, in particular, the Lugano Convention of 16 September 1988, concerning jurisdiction and the enforcement of judgments in civil and commercial matters (hereafter: the "Lugano Convention" or "CL"), entered into force on 1 December 1992 between Switzerland and Italy (Art. 61 (3) CL). Given that [Seller], whose residence is in Z [Italy], filed the claim against [Buyer], whose residence is in Y [Switzerland], the Lugano Convention is applicable (Art. 54(1) CL; ATF [*] 119 II 391 consid. 2; RVJ [*] 1995 p. 164 consid. [*] 1a).
Persons who are resident in a Contracting State, subject to contrary provisions, may be sued before the courts of that State, regardless of their nationality (Art. 2(1) CL).
b) In the case at hand, [Buyer]'s registered office is in Y [Switzerland], thus the ordinary courts of the Canton Valais are territorially competent.
According to the statement of claim, the value in dispute amounts to 10,151.50 Sf . Therefore the seized court is competent to rule on the present claim as first and sole cantonal instance (Art. 23 (1)(b) CPC) [*].
3. [Seller] alleges to have sold the oven of the brand and type Lainox ME 110P to [Buyer], for which the issued bill remains unpaid. [Seller] thus bases its action on the conclusion of a contract with the [Buyer] for the international sale of goods.
a) According to Art. 1(1)(a) of the United Nations Convention on the International Sale of Goods of 11 April 1980 (hereinafter: CISG), the Convention applies to sales contracts between parties having their places of business in different States, if these States are Contracting States. The CISG, which entered into force on 1 January 1988 for Italy and on 1 March 1991 for Switzerland, exclusively governs the formation of the contract of sale and the rights and obligations of the buyer and the seller which arise from such a contract (Art. 4 sentence 1 CISG). In contrast, subject to a express contrary provision, the CISG does not govern the validity of the contract (Art. 4(a) CISG). The representation of natural and legal persons and the capacity to contract are also excluded from the CISG's field of application (RVJ 2006 p. 189 consid. 4a; Brunner, UN-Kaufrecht-CISG, 2004, para. 6 and 33 at Art. 4 CISG; Neumayer / Ming, Convention de Vienne sur les contrats de vente internationale de merchandises: commentaire, 1993, para. 10 at Art. 4 CISG). These questions remain subject to the national law designated by the rules on the conflict of laws (RVJ 2006 p. 189 consid. 4a; Neumayer / Ming, para. 1 at Art. 4 CISG).
According to Art. 154(1) LDIP, companies are governed by the law of the State according to which they are organized, if, as in this case, they follow the rules on publication and registration prescribed by that law. The power of representation of persons acting on behalf of the company, in conformity with its organization, depends on the applicable law, subject to Arts. 156 to 161 LDIP (Art. 155(i) LDIP).
b) According to Art. 718(1) sentence 1 CO, the board of directors represents the company towards third parties. The board of directors can delegate the power of representation to one or more of its members (delegates) or to others (directors, Art. 718(2) CO).
Apparent authority (Anscheinsvollmacht) or agency by estoppel (Duldungsvollmacht) are conceivable with regards to the matter of representation of the company by its organs (RVJ 2006 p. 189 consid. 4a; Watter, Commentaire bâlois, para. 26 et seq. at Art. 718 CO; Ditesheim, La representation de la societé anonyme, thèse, Lausanne 2001, p. 76). The notion of a company organ can in fact be derived from external circumstances, applying the principle of reliance (ATF 117 II 570 consid. 3). Therefore, if a third party in good faith, an honest and reasonable business partner, follows from the appearances that the person acting on behalf of the company has the position of an organ, the person is deemed to have that status (RVJ 2006 p. 189 consid 4a; Ditesheim, op cit., p. 76). If the company does not object to the fact that one of its auxiliaries acts on its behalf in appearing like an organ, despite knowledge of this fact, the company bears the risk that the acts of representation are imputed to it as if they were the company's own acts, in the company's name and for the company's own account (ATF 96 II 439 consid. 2, and the references cited therein; RVJ 2006 p. 189 consid. 4a; Böckli, Schweizer Aktienrecht, 3rd ed., 2004, � 13 para. 410; Homburger, Commentaire zurichois, para. 1150 at Art. 718 CO; Ditesheim, op. cit., p. 77 et seq.). An organ by appearance should not be confounded with a factual organ. While the company may have an action in tort against the second, it does not, in contrast, have an action under Art. 754(1) CO against the first, since the company knows the real extent of its auxiliaries' competences (RVJ 2006 p. 189 consid. 4a; Ditesheim, op cit., p. 74 et. seq.; on the notion of a factual organ, cf. ATF 128 III 29 consid. 3).
c) In the present case, [Buyer] knew that Executive Chef I acted in its name towards [Seller]. The person responsible for the kitchen facilities at Public Utility E had in fact consulted the married couple Mrs. F, manager of the company Hotel G, and Mr. H, manager of the hotel G, during the negotiations. Mr. H, who had authority to give orders to the personnel, allowed Executive Chef I to order the oven. [Buyer] had not indicated to [Seller] its opposition to the fact that I acted on its behalf, be it that the concession was not free of charge.
Certainly, Hotel G, and even [Buyer], had accepted [Seller]'s offers by retuning them signed and stamped by the company during the previous commercial relations. However, the order of the oven was made in a situation of urgency which is sufficient to justify the renunciation of the usual procedure. Under these circumstance, [Seller] could in good faith believe that Executive Chef I had the necessary authority. Moreover, the behavior of [Buyer] before 23 January 2003, in particular with regards to the reception of the courier of 23 May 2002 -- requesting a copy of the bill and a letter of guarantee and inviting [Seller] to proceed with the repairs -- amounts to approval of the contract of sale of 8 March 2002. Therefore, [Buyer] is a party to this contract.
4. [Seller] requests payment of 10,151.20 Sf . [Buyer], by way of pleading in the alternative, relies on the provisions on non-conforming goods.
a) Art. 53 CISG provides that the buyer must pay the price for the goods and take delivery of them as required by the contract and the CISG. The CISG comprises the rule of concurrent performance ("trait pour trait" [*]) (Venturi Commentaire romand, para. 63 at Art. 184 CO, cf. also Neumayer / Ming, para. 2 at Art. 58 CISG). Subject to a contrary provision, payment therefore has to be made at the time when the goods are made available to the buyer (Art. 58(1) CISG). If the buyer passes an order of generic goods which he never acquired before and without any reference to a price, for example in case of urgency, this order constitutes an invitation to bid and the seller makes an offer to contract by delivering the goods: the buyer then accepts this offer by accepting the delivered goods, by using them or by reselling them. If the seller does not indicate the price of the delivered goods, the price is deemed to be the price currently practiced for such goods: the buyer thus bears the risk to pay more than foreseen if he accepts the delivered goods (Neumayer / Ming, para. 9 at Art. 14 CISG). Furthermore, a sales contract can be validly concluded without any reference to the price (express or implicit) by the parties; the price is then objectively determined by reference to a medium price: this is the price generally charged at the time of the conclusion of the contract for such goods sold under comparable circumstances in the country of the seller. This provision protects the buyer from paying too much; and it does not permit the buyer to benefit from a very advantageous price (Neumayer / Ming, para. 2 at Art. 55 CISG; cf. Brunner, para. 3 at Art. 55 CISG; Venturi, para. 64 at Art. 184 CO).
The CISG does not contain any provision concerning the currency or the statutory means of payment. In the absence of contractual conditions specifying the currency of the payment, it is determined by the national law, designated by the rules of conflict of laws (RVJ 2006 p. 188 consid. 6a; RVJ 1999, p. 227 consid. 3c; Neumayer / Ming, op. cit., para. 4 at Art. 54 CISG).
It is therefore necessary to refer to Art. 118 LDIP (RSDIE [*] 2005 p. 119; 2004 p. 106; RVJ 1999 p. 227 consid. 3c). According to this provision sales of movable objects are governed by the Hague Convention of 15 June 1955 on the Law Applicable to International Sales of Goods. From Art. 3(1) of this convention follows that, in default of a derogation -- which does not come into consideration in the present case -- a sales contract is governed by the national law of the country where the seller has his habitual residence at the moment of the receipt of the offer.
b) According to Art. 35(2)(a) and (b) CISG, subject to contrary stipulations in the contract, goods are not in conformity with the contract if they are not fit for the purposes for which goods of the same description would ordinarily be used or, principally, if they are not fit for any particular purpose expressly or impliedly made known to the seller at the time of the conclusion of the contract.
According to uniform law, the seller is responsible for non-conformity. Non-conformity is given if the quality or quantity of the goods (Arts. 35(1), 51 and 52 CISG), their type, condition or packaging does not correspond with was required by the contract. Non-conformity is thus a legal notion which depends on the content, whether express or implicit, of the contract (Brunner, para. 2 at Art. 35 CISG; Neumayer / Ming, para. 2 at Art. 35 CISG; Venturi, para. 24 at Art. 198 CO).
The buyer must examine the goods, or cause them to be examined, within as short a period as is practicable in the circumstances. (Art. 38(1) CISG). The buyer loses the right to rely on a lack of conformity of the goods if he does not give notice to the seller specifying the nature of the lack of conformity within a reasonable time after he has discovered it or ought to have discovered it. (Art. 39(1) CISG). Whether a time is reasonable depends on the circumstances of the particular case, notably of the usages in the trade concerned, the type of the goods and the extent of the non-conformity (Brunner, para. 12 et seq. at Art 39 CISG, Venturi, para. 20 at Art. 201 CO). For example, delays of one month in a case of the sale of blood transfusion devices (RSJ [*] 1998 p. 515) and of two weeks in a case concerning fur coats (RSDIE 1999 p. 186) have been considered reasonable, while delays of three months in a case regarding the sale of blood transfusion devices (RSJ 1998 p. 515), of one year in case of a sale, with delivery and installation, of slides (RSDIE 1999 p. 197) and seven to eight months with regards to objects made from gold (RSDIE 1999 p. 193) have been considered as too long. In any event, the buyer loses the right to rely on a lack of conformity of the goods if he does not give the seller notice thereof at the latest within a period of two years from the date on which the goods were actually handed over to the buyer, unless this time-limit is inconsistent with a contractual period of guarantee. (Art. 39(2) CISG). By handing over of the goods one understands their physical transfer and not the receipt of the documents relating to the goods; this is a peremptory time limit which does not recommence to run after the repair of defects affecting the goods (Neumayer / Ming, para. 6 at Art. 39 CISG; cf. also Brunner, para. 16 at Art. 39 CISG; Venturi, para. 21 at Art. 201 CO).
The seller is not entitled to rely on the provisions of articles 38 and 39 if the lack of conformity relates to facts of which he knew or could not have been unaware and which he did not disclose to the buyer (Art. 40 CISG).
c) The CISG recognizes the buyer's right to specific performance which consists, for example, in the repair of the goods or their replacement (Neumayer / Ming, para. 5 at Art. 46 CISG, Venturi, para. 29 at Art. 206 CO). According to Art. 46(3) CISG, if the goods do not conform with the contract, the buyer may require the seller to remedy the lack of conformity by repair, unless this is unreasonable having regard to all the circumstances. A request for repair must be made either in conjunction with notice given under article 39 or within a reasonable time thereafter. If the repair is ineffective, the breach is considered fundamental: this permits the buyer to request delivery of substitute goods (Art. 46(2) CISG) or to avoid the contract, as long as the non-conformity is not insignificant (Neumayer / Ming, para. 5 at Art. 46 CISG; Brunner, para. 21 at Art. 46 CISG).
The buyer may declare the contract avoided if the failure by the seller to perform any of his obligations under the contract or the CISG amounts to a fundamental breach of contract. (Art. 49(1)(a) CISG). The notion of a fundamental breach must be interpreted restrictively: the breach must concern the essential content of the contract and result in such detriment to the economic aim pursued by the parties as to completely deprive the buyer of the interest in the contract (Venturi, para. 30 at Art. 206 CO, cf. also Neumayer / Ming, para. 2 et seq. at Art. 25 CISG). Avoidance is an ultima ratio. (Brunner, para. 2 at Art. 49 CISG). If the seller repaired the defects before the declaration of avoidance, for example, where he discovered the fault and remedied it without delay, the buyer has received what he was entitled to according to the contract. The initial non-conformity of the goods does not constitute a fundamental breach anymore and the buyer has no longer the right to avoid the contract. On the other hand, if the buyer first renounced the avoidance of the contract by requesting the replacement of the goods or their repair and if the new delivery did not occur within the additional time fixed or if the repair was unsatisfying, the right to avoid the sales contract is resurrected (Neumayer / Ming, para. 5 at Art. 49 CISG). The right to avoidance must be exercised within a reasonable time (Art. 49(2) CISG).
If the goods do not conform with the contract and whether or not the price has already been paid, the buyer may, according to Art. 50 CISG, reduce the price in the same proportion as the value that the goods actually delivered had at the time of the delivery bears to the value that conforming goods would have had at that time. The 2nd sentence of Art. 50 CISG reserves the seller's right to a new delivery or to remedy the non-conformity according to Arts. 37 and 48 CISG; it excludes a price reduction if the seller makes use of these means. According to Art. 48(1) CISG, subject to Art. 49, the seller may, even after the date for delivery, remedy at his own expense any failure to perform his obligations, if he can do so without unreasonable delay and without causing the buyer unreasonable inconvenience or uncertainty of reimbursement by the seller of expenses advanced by the buyer. However, the buyer retains any right to claim damages as provided for in the CISG.
d) Although the CISG does not contain any express rule regarding the burden of proof, the seized judge may not base his reasoning on the national law since, indirectly, the Convention contributes to the allocation of the burden of proof by way of the terms which are used or by establishing a connection between a rule and an exception. As a general matter, the party who claims a right based on a rule has the burden to prove that the rule's conditions are met; in contrast, the other party has to prove the facts that exclude or are opposed to the application of the rule. (ATF 130 II 258 consid. 5.3; Decision 4C.105/2000 of 15 September 2000, consid. 5a in: SJ [*] 2001 I p. 304 et seq.; RVJ 2006 p. 188 consid. 5b). If the buyer rejects the goods by invoking their non-conformity the seller must prove that the goods are in conformity with the contract; if the buyer already accepted the goods the buyer would have to prove their non-conformity (Decision 4C.245/2003 of 13 January 2004 consid. 3.1). However, if necessary, the buyer also has to establish that he gave notice of the defects within a reasonable time; therefore he must prove when he became aware of the defects and to whom and how he gave notice (Brunner, para, 27 at Art. 39 CISG). A buyer who claims price reduction bears the burden of proof (Brunner, para. 10 at Art. 50 CISG).
e) In the present case, [Seller] delivered the oven Lainox ME 110P to [Buyer] on 9 March 2002. After the putting the oven into operation, the [Buyer] requested [Seller] to repair a defect related to a breakdown of the relay. After the repairs were undertaken by the technician, [Buyer] did not give notice of any further non-conformities until the filing of the [Seller]'s claim. In [Buyer]'s communication of 23 January 2003, [Buyer] certainly asked [Seller] to take the oven back, but without invoking any breach of contract, and notably not a fundamental one as required by Arts. 25 and 49 CISG.
[Buyer] asserted during the proceedings that the oven did not work anymore. It did not provide any more precise indications with regards to the discovery and notice of the defects. [Buyer] neither asked to arrange for an expert's opinion, nor, at least, for a hearing of the cooks of Public Utility E as witnesses. [Buyer] did produce a cost estimate by O Professional Kitchens S.A. of 4 February 2004. However, this document neither reveals anything about the exact nature of the defect, which probably affects the motor, nor does it show the cause of the defect or the time at which it occurred. If the oven did not work since summer 2002, or even if we consider the time from January 2003 only, it cannot be explained why [Buyer] did not undertake any repairs or make a replacement purchase until February 2004. At this time, the oven was, again, inside the Public Utility. The cost estimate of O Professional Kitchens S.A. is also insufficient to establish the reduced value of the object in dispute; the company's technician, who was not heard during these proceedings, stated different amounts without any explication whatsoever. This cost estimate is not a well-prepared and convincing document (cf. RVJ 1994 p. 307 consid. 4b). Furthermore, [Buyer] neither alleged nor a fortiori established that [Seller] was given a copy of the document before [Buyer] introduced it in these proceedings on 6 April 2005; [Buyer] also did not provide to [Seller] a sufficiently precise declaration on the nature of the alleged non-conformity, which would have been necessary in order to permit [Seller] to react by examining the oven and curing the non-conformity (cf. Ferrari, Contrat de vente internationale, 2nd ed., 2005, p. 173). On 6 April 2005, [Buyer]'s warranty rights ceased to exist because of the peremption.
When questioned on 12 September, Mr. H, the manager of hotel G, alleged that the oven of the kitchen at Public Utility E functioned defectively. This severe qualitative non-conformity is not proven. It is contrary to the records since [Buyer] used the oven in dispute. Moreover, [Buyer] did not submit that [Seller] knew the facts which caused the alleged non-conformity or could not have been unaware of them. [Buyer]'s warranty rights, invoked more than two years after the delivery, are thus irremediably expired; therefore, [Buyer] has to pay the price of the oven Lainox ME 110 P.
f) The contract of sale had been concluded urgently. Under these circumstances, even though [Seller]'s representative K did not indicate the oven's price to Executive Chef I on 8 March 2002, he is deemed to have referred to the price currently practiced, the same would apply if the contract had been concluded without fixing any price. The amount claimed by [Seller] is 30% below the catalogue price and thus the market price; therefore, the sales contract is deemed to have been concluded with a price of 6,972,17 €.
The orders were received at [Seller]'s registered office in Z [Italy]. Italian law, and therefore the currency of that country, is applicable. The [Seller]'s invoice and reminders also state Euro as the currency. The payment of the debt therefore has to be made in Euro. Principally, [Buyer] would have to be ordered to pay [Seller] the amount of 6,972.12 €. Nevertheless, subject to contrary statutory provisions, the judge is bound by the parties' claims. He can reduce them but not increase them, nor can he order something different from what has been requested or less than what has been admitted (Art. 66(5) CPC; RVJ 1991 p. 323 consid. 3d; Hohl, Procédure civile, Tome II, 2002, para. 3013 et seq.; for an example conversion of the currency of the debt, cf. ATF 72 III 100 consid. 6). In the present case, [Seller] claimed 10,151.50 Sf , after having converted this from 6,972.17 € into Swiss currency at the due date, which was 9 May 2002 (exchange rate: 1.456). Since then, the purchasing power of the Euro increased (on the notion of purchasing power cf. Spahr, Valeur et valorsime en matière de liquidations succesorales, thèse Fribourg 1994, p. 68). The court cannot go beyond the claim, therefore, commensurate with [Seller]'s claim, the amount owed by [Buyer], expressed in Euro, at the average exchange rate during the pronouncement of the judgment, has to be limited to 6,189.90 € [(6,972.17 €: 164) x 1.456].
g) The buyer who is in default of payment owes interest from the due date of the payment of the price without any request of the seller (Arts. 59 and 78 CISG; RVJ 2006 p. 188, RSDIE 2004 p. 107, and cited references; Neumayer / Ming, para. 24 at Art. 59 CISG).
Art. 78 CISG provides for the payment of interest for default without specifying the rate of interest (RVJ 2006 p. 188 consid. 6c; 1998 p. 140 consid.5b; 1995 p. 164 consid. 2c; Brunner, para. 7 at Art 78 CISG). The interest rate thus has to be determined by the law applicable according to the rules of conflict of laws (Art. 7(2) CISG; decision 4C.179/1998 from 28 October 1998, in: RSDIE 1999 p. 181; RSDIE 2005 p. 120; 2004 p. 108; RVJ 2006 p. 188 consid. 6c). In line with the articles 118 LDIP and 3 (1) of the 1955 Hague Convention on the Law Applicable to International Sales of Goods (concerning the application of these provisions, cf. RSDIE 2005 p. 120; 2004 p. 108; RVJ 2006 p. 188 consid. 6c; RVJ 1998 p. 140 consid. 5b; 1995, p. 164 consid. 2c), this is once more the national law of the country in which the seller has his habitual residence at the time of receipt of the order, hence Italian law.
According to Art. 1284(1) of the Italian civil code, the legal interest rate amounts to 5%. The treasury minister can, by decree, modify this rate every year. This way, the rate was fixed at 5% from 21 April 1942 to 15 November 1990, at 10% from 16 December 1990 to 31 January 1996, at 5% from 1 January 1997 to 31 December 1998, at 2.5% from 1 January 1999 to 31 December 2000, at 3.5% from 1 January to 31 December 2001, at 3% from 1 January 2002 to 31 December 2003 and at 2.5% since 1 January 2004 (www.studioripa.it).
h) In the case at hand, the bill was payable within 60 days. Under these circumstances, [Buyer] has to pay [Seller] the amount of 6,189.90 € with plus interest at 3% from 9 May 2002 until 31 December 2003 and at 2.5% from 1 January 2004.
5. Since [Buyer] essentially lost the case, the costs and expenses are its burden (Art. 252 (1) CPC).
a) Determined with regards to the sum in dispute, the court fees vary between 1,000 Sf and 3,000 Sf (Art. 14 (1) LTar [*]). The difficulty of the case has to be qualified as average. Also taking into account the principle of cost recovery with regards to the work performed (Art. 11 (2) LTar), the charges are fixed at 2,000 Sf which includes both the court fees of 1,271 Sf and 729 Sf for expenses in the sense of Arts. 5 et seq. LTar (being 385 Sf witnesses compensation, 244 Sf interpreter fees and [...]).
b) The attorneys' fees vary between 2,100 Sf and 3,000 Sf for the complete proceedings (Art. 32(1) Ltar). [Seller]'s lawyer essentially drafted a statement of claim, a replication and final written submissions and participated in the preliminary hearing, two instruction hearings and the final hearing. Taking into account the average difficulty of the case, the expenses owed to [Seller] are fixed at 2,400 Sf (attorneys' fees and expenditures included).
1. [buyer] has to pay the amount of 6,189.90 € to [Seller], plus interest at 3% from 9 May 2002 until 31 December 2003 and at 2.5% from 1 January 2004.
2. The legal charges have to be borne by [Buyer].
3. [Buyer] has to pay 1,000 Sf as reimbursement for the advances made and 2,400 Sf as compensation for expenses to [Seller].
An appeal in the sense of Art. 72 et seq. LTF [*] may be filed against this judgment within thirty days from the notification of the executed copy of the judgment (Art. 100(1) LTF).
* All translations should be cross-checked against the original text. For purposes of this translation, Plaintiff of Italy is referred to as [Seller] and Defendant of Switzerland is referred to as [Buyer]. Monetary amounts in the currency of Switzerland (Swiss francs) are indicated as [Sf].
** Nathalie Hofmann is a law student at Humboldt University Berlin. She studied at the University of Geneva during the academic year 2007-2008 and obtained the "Certificat du droit transnational". She participated in the 15th Willem C. Vis International Commercial Arbitration Moot as a member of the Geneva team. In 2008, she won the Clive M Schmitthoff Essay Competition.


We made this cute card at a group meeting last month, and it is such an easy card, I used it with my stampers last weekend too! It uses the pop-up posies kit which is filled with great instructions, flowers, brads, and more to make lots of pretty projects. You can easily supplement your kit with ribbon and brads to make even more with all the flowers!
Accessories: Calypso Coral brad, pop-up posies kit flowers, 7/8″ Natural Cotton Ribbon.


We talk brownie baking, childhood nostalgia and cocktail making with Profile new face, Phoebe. Dress by Acne, necklace models own.
So first off, where were you scouted?
I was scouted in the most unexpected places! I was approached on a family trip to the theatre when I was 13 and also was chased onto the tube by a booker! Once I was approached on the streets of Hackney aswell.
We loved your crazy mermaid 'do at the Trevor Sorbie show, have you ever had any wild haircuts?
That wig at the Trevor Sorbie show was incredible- so long and looked amazing under the lights! I have never had my hair cut too drastically but the styling for some jobs, especially hair shows, can be so wacky! Quite often I travel home with such big hair – back combed so much that it takes hours to brush it all out, but it's so worth it!
Your brownies on your instagram look divine, if you were going to bake us a treat what would it be?
They were pretty tasty! I never follow a recipe, I just mix brownie ingredients with dark rum. How wrong can you go?! If I were to bake you a treat, I would choose my cookies. They have caramel, honeycomb, white, milk and dark chocolate in!
You're making us hungry. We spotted lots of pictures of cocktails too! If you could dedicate a drink to your favourite fashion icon, who would it be and what would be in it?
I would dedicate it to the legendary Kate Moss – she is such an inspiration. Also, Kate's younger sister Lottie is so lovely, really down to earth! It would definitely be a vodka based cocktail, with a raspberry liqueur and lime maybe… I have a sweet tooth!
Us too. So it looks like you've been on shoots in all locations and weathers, what are your best and worst model memories to date?
There really aren't a lot of bad memories, there are so many incredible people in the industry and sometimes you have to shoot in cold conditions. A few years ago I did an editorial shoot outside, in the snow, wearing very very little! But it was worth it because the photos turned out well. I have so many amazing memories and I have been so lucky to have experienced the things I have and met the people that I have at my age. I walked in the Paul Costelloe show this year during fashion week, that's a memory I will never forget.
So you had McBusted tickets, what's your favourite song from your childhood?
Mum always used to put Busted on in the car when I was a kid. I think I probably know every lyric to every one of their songs – how embarrassing! But my favourite song from my childhood has to be one from the Lion King – it's my favourite Disney film!
If you could escape to any country in the world right now, which would it be?
I would love to go to Australia, apart from the spiders, I am envious of the wildlife, climate and the beaches. I would love to travel there one day, whether it be with work or just to explore.
Okay last one, if you weren't a model what would you be?
I have been dancing since the age of two, so maybe a dance teacher or assistant. I would maybe go to university but I can't decide what I would want to study!
Jacket by Songizo, shirt by Jun Li, trousers by Back by Ann-Sofie Back.
Dress by Acne, necklace models own.
Model: Phoebe @ Profile Model Management.


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London Zoo Tickets
Book tickets for London Zoo
Founded in 1828, London Zoo was the world's first scientific zoological gardens. Originally intended as a collection for scientific study, it was eventually made open to the public in 1847.
Set in 36 acres of gardens and with over 650 species of animals, the zoo offers the perfect day out for the whole family with lots to do, plenty to see and so much to learn. Visit the cheeky, the deadly, the chirpy and the wild - all at London Zoo. Discover amaing wildlife on the Nature Trail, get closer to your favourite animals and learn all about them at the amazing keeper talks, feeds and demonstrations throughout the day.
See animals in a different light at Rainforest Life, the exciting new experience built inside a giant bio-dome which includes birds and free-roaming animals, real rain, exotic living trees and a sweltering 80°F tropical climate.
Discover eagle owls and porcupines, mongooses and meerkats - and plenty more at Animal Adventure. Journey through the immersive exhibit with specially designed low barriers for young animal fans to feel like they're right in the heart of the action!
Walk through London's only living rainforest where you can get incredibly close to a variety of native South American species including monkeys, sloths, armadillos and tamanduas as they trek across a new forest canopy in this no-glass, no-bars experience. Then step out of the light and into the amazing all-new Night Life area, where you'll discover bats, rats and nocturnal wonders who make the dark their home.
By visiting London Zoo, you can help to protect endangered species, conserve natural habitats and bring learning to life for all ages.
London Zoo
Outer Circle
NW1 4RY
10am until 6pm
10am until 5.30pm
Nearest Tube: Camden Town
Nearest Rail: Marylebone
Bus Routes: 274, C2
There are six disabled parking bays near the Zoo entrance.
The zoo is more than 170 years old and contains many old buildings, 12 of which are listed. Most of the Zoo is accessible for wheelchair users and those with walking difficulties, with two notable exceptions - there is no access to the Moonlight World and no direct access to the Aquarium.
There are six manual wheelchairs and two electric buggies available for disabled visitors. A deposit of £25.00 is required. It is strongly recommended that you book a wheelchair in advance of your visit. Please call 020 7449 6576 to reserve one.

redpajama_set_name: RedPajamaCommonCrawl


Kybella is the first and only FDA approved nonsurgical treatment that permanently diminishes fat under the neck and chin. It is a synthetic form of deoxycholic acid, which is a naturally occurring substance that helps to break down and absorb fat in our bodies. When injected, Kybella causes the destruction of fat cells, preventing the storage or accumulation of fat within the treated area. Kybella® is a minimally invasive treatment that allows for contouring of the jawline and provides a more youthful appearance.
+What causes submental fat (or a double chin)?
Submental fullness is a common condition that affects both male and female adults, and is caused by aging, genetics, and weight gain. Even young patients can have a double chin if they are genetically predisposed. Submental fullness is often resistant to diet and exercise, making it particularly difficult for patients to remedy on their own. As we age and gain weight, the double chin gets heavier and makes us look older.
Yes! Kybella has been extensively studied and tested for treatment of the double chin. It is FDA-approved and extremely safe for the treatment of submental fat by qualified dermatologists trained to perform this procedure. To ensure patient safety, Kybella is only available to physicians who have undergone a special training program to learn about recommended techniques, proper dosages, and appropriate uses.
+Can Kybella® be used in other places besides the chin?
Kybella is currently indicated only for treating excess fat under the chin. The safety and results of using Kybella elsewhere have not been fully explored and is not recommended at this time.
+Who should not be treated with Kybella®?
• If you are pregnant, planning to become pregnant, or breastfeeding.
• If you have severe skin laxity of the neck, you may be a better candidate for a traditional surgical neck lift.
• If you have a history of difficulty swallowing.
• If you have a history of bleeding abnormalities.
+When will I see results?
Visible changes are generally noted within 4-6 weeks of a treatment, and continued improvement is seen with additional treatment sessions.
+How many Kybella® treatment sessions will I need?
It varies from patient to patient – most patients require between 2-4 treatments, which are performed 4-8 weeks apart. We will coordinate a treatment plan based on your unique anatomy and aesthetic goals.
+Are the results of Kybella® permanent?
In short, yes. Once the double chin is treated, as long as you do not gain weight in that area, the treatment is essentially permanent and retreatment is generally not required. However, a small amount of fat is left behind in the treated area, and if you gain a large amount of weight, the remaining fat cells may expand. Additionally, normal aging changes in the skin and other tissues of the neck will continue to occur and issues of skin sagging in the jowl and neck area may develop separately.
+What is a Kybella® treatment like and what can I expect at my appointment?
Dr. Bhatnagar will examine your chin and determine if you are an appropriate candidate for Kybella®. If so, a customized treatment plan will be determined and explained. Kybella® is administered by injections into the fat cells under the chin. Each patient is different so the number of injection sites will vary depending on the size of your submental fat, but can range from 15-50 sites. Each treatment typically takes about 15-30 minutes. There may be mild to moderate discomfort during the injections. Prior to treatment, ice or a topical numbing cream may be used to numb the treatment area.
+What are the side effects of Kybella®?
All patients should expect immediate swelling in the treated area, which is most dramatic in the first 3 days after your first treatment since the most fat is dissolved during the first session. Swelling will steadily decrease, but may still be apparent up to 1 month post-treatment. Subsequent treatments are associated with milder swelling. Tenderness and numbness in the treated area is very common and can last weeks. Redness and firmness is also common. Bruising may occur, but generally resolves within 1 week.
Rarely, Kybella can cause more serious but temporary side effects, including trouble swallowing and nerve injury in the jaw that can lead to an uneven smile or facial muscle weakness.
+How shall I prepare for my Kybella® treatment?
• If you are taking over the counter agents that can increase bruising such as Advil (ibuprofen), Aleve (naproxen), aspirin, fish oil supplements, or vitamin E, please ask your primary care doctor about stopping these one week before the procedure to help minimize the risk of bruising. If these medications are medically necessary, please continue them. Do not stop your Coumadin or Plavix. Do not stop aspirin without consulting with your primary care doctor.
• Take 1g of Tylenol 30 minutes prior to your injection.
• If possible, plan your procedure so you can have 3-4 days before returning to work or important social engagements.
+What do I need to do AFTER my Kybella® treatment?
• You will experience swelling and redness of the treated areas for 24-48 hours which can be managed with cold compresses (up to 20 minutes/hour). If using ice or ice packs, be sure to cover with a fabric or napkin to avoid direct contact with the skin. Icing too vigorously can cause frostbite and scarring. Using an extra pillow at night helps to decrease swelling.
• You will likely experience mild bruising and numbness of the treated areas, which typically lasts ~5 days but may persist for up to 2 weeks.
• Do NOT scratch, massage, or traumatize the treated areas in any way.
• You may wear a scarf to camoflauge any swelling or bruising.
• Please contact the office if you develop any difficulty swallowing, crusting, scabbing, or asymmetry of your smile.
If you are interested in Kybella®, Contact Us today or call 732-739-3223 to schedule a consultation with Dr. Divya Bhatnagar. Together, we can discuss your concerns, determine if Kybella® is the right option for you, and design a treatment plan that will help you say goodbye to your double chin—for good!


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PROJECTS (Archive)
Heinrich Maier - Gedenken
Musisch-soziale Methode | music-social method
AUDIOBOOKS for blind (LISTEN)
Cantico delle Creature (Sonnengesang)
Gerald Spitzner (official site)
Renate Spitzner (official site)
Dringende Petition (urgent petitions)
Delphinschutz (Dolphin protection-NEWS)
Venite Musizieren
Thema Kinderschutz (#STOPChildAbuse- NEWS)
Thema Umweltschutz (Environment-NEWS) - Aktuelles
UN-News
Thema UN-Frauenrechte (UN - Women rights)
Nearly half a billion people can't find decent work; unemployment set to rise: new UN labour report (Mo, 20 Jan 2020)
Around half a billion people work fewer paid hours than they would like, or are not getting enough access to paid work, shows a study published by the International Labour Organization (ILO) on Monday, which also forecasts that unemployment will rise by about 2.5 million this year.
Major humanitarian hub in north-east Nigeria burned in attack (Mon, 20 Jan 2020)
The top UN aid official in Nigeria has condemned a weekend attack against a major humanitarian facility in the north-east of the country.
East Africa locusts threaten food insecurity across subregion, alerts UN agriculture agency (Mon, 20 Jan 2020)
Ethiopia, Kenya and Somalia are dealing with desert locust swarms of "unprecedented size and destructive potential" that could spill over into more countries in East Africa, the United Nations Food and Agriculture Organization (FAO) warned on Monday.
Latin America and Caribbean region deadliest for journalists in 2019 (Mon, 20 Jan 2020)
Twenty-two journalists were reported killed in the Latin America and Caribbean region in 2019, making it the deadliest part of the world for the press, followed by 15 in Asia-Pacific, and 10 in Arab States.
Smokers who quit one month before surgery reap benefits: UN health agency (Mon, 20 Jan 2020)
Tobacco smokers who quit at least four weeks before undergoing surgery not only have a lower risk of complications, but also show better results six months later than those who continue, the United Nations health agency said on Monday.
World leaders must address 'shameful' disparities in education spending: UN children's agency (Mon, 20 Jan 2020)
A new report from the UN Children's Fund, UNICEF, shows that a third of adolescent girls from the poorest households have never been to school, and spending on education is heavily skewed towards wealthier households.
'This terrible situation cannot be allowed to continue', UN chief tells world leaders at major Libya summit (Sun, 19 Jan 2020)
Speaking at a major, high-level summit on Libya, held in the German capital Berlin on Sunday, UN Secretary-General António Guterres evoked the disastrous humanitarian situation faced by thousands of civilians, as conflict in the North African country grows deeper and more destructive.
Former UN chief Perez de Cuéllar celebrates his 100th birthday (Sun, 19 Jan 2020)
The fifth Secretary-General, Javier Perez de Cuéllar, whose UN career began with the first ever General Assembly meeting in 1946, celebrates his 100th birthday on Sunday.
Urgent need for 'immediate' solutions to combat drug-resistant infections, warns WHO (Fri, 17 Jan 2020)
Drug-resistant infections are on the rise as private investment in new antibiotic development declines, the World Health Organization (WHO) said on Friday.
Haiti earthquake victims honoured at UN, with pledge to safeguard the nation's future (Fri, 17 Jan 2020)
More than 200,000 Haitians who perished in the devastating earthquake which struck the island nation ten years ago, were honoured in a solemn ceremony of remembrance at UN Headquarters in New York on Friday, along with 102 staffers who died – the single greatest loss of life in the Organization's history.
Libya: 'Dire and untenable' situation for tens of thousands of children in unrelenting conflict (Fri, 17 Jan 2020)
The world should not accept the "dire and untenable" situation facing children in wartorn Libya the head of the UN Children's Fund, UNICEF, said on Friday.
Tackling femicide in Argentina: a UN Resident Coordinator blog (Fri, 17 Jan 2020)
Tackling violence against women is crucial to realizing the Sustainable Development Goals (SDGs). In January, the United Nations launched a Decade of Action to support meeting the 17 goals by 2030.
Aid to vulnerable Iraqis may 'come to a complete halt within weeks' (Thu, 16 Jan 2020)
Aid to vulnerable people in Iraq risks being completely blocked within weeks, warned the UN's humanitarian chief in Iraq, Marta Ruedas, on Tuesday, as a result of the suspension of government documents allowing humanitarians to carry out critical missions.
Yemen resilient and 'unscathed' in face of latest Gulf crisis (Thu, 16 Jan 2020)
Despite the threat posed by recent tensions in the Gulf, Yemen was able to weather the crisis thanks in part to restraint exercised by its political leaders, the UN Special Envoy for the country said on Thursday.
Climate crisis 'affecting quality of life and fuelling discontent' (Thu, 16 Jan 2020)
The climate crisis, as well as persistently high inequalities, and rising levels of food insecurity and undernourishment, is affecting the quality of life in many societies and fuelling discontent, the UN warned on Thursday, on the publication of the 2020 World Economic Situation Report (WESP).
Syrian conflict has 'erased' children's dreams: new UN report (Thu, 16 Jan 2020)
Nearly nine years of conflict in Syria have robbed boys and girls of their childhood and subjected them to "unabated violations of their rights", including being killed, maimed, displaced, forced to fight or subjected to torture, rape and sexual slavery.
UN peacekeepers protecting hundreds displaced by Central African Republic fighting (Wed, 15 Jan 2020)
Fresh clashes in the Central African Republic's southeast have driven some 400 people to seek shelter at a UN base there, the United Nations Spokesperson said on Wednesday.
2019 second hottest year on record, UN confirms (Wed, 15 Jan 2020)
Last year was the second warmest year on record, the World Meteorological Organization (WMO) confirmed on Wednesday.
Implementing peace deal only path for stabilization in Mali: UN peacekeeping chief (Wed, 15 Jan 2020)
Implementation of the 2015 peace agreement in Mali provides the only pathway for stabilization there, the head of UN peacekeeping told the Security Council on Wednesday.
Sudan: Lives of traumatized, displaced women in West Darfur under threat (Wed, 15 Jan 2020)
Ongoing instability in Sudan's West Darfur region has left the lives, health and safety of thousands of women hanging in the balance, according to the United Nations Population Fund, UNFPA.
Philippines volcano: UN stands ready with support, as thousands told to flee (Wed, 15 Jan 2020)
The UN is concerned over warnings issued by Philippines' authorities that volcanic eruptions on the country's most populous island could last "days, months or even years".
UN aviation experts to join Ukraine Airlines Iran crash investigation (Tue, 14 Jan 2020)
Experts from the UN aviation watchdog, ICAO, will support the investigation into the crash of a Ukrainian Passenger plane in Iran on January 8, following an invitation from the Iranian authorities, which was accepted on Tuesday.
UN moves to tackle 'hidden abuse' and violence against Europe's children (Tue, 14 Jan 2020)
Each year, at least 55 million children in Europe suffer some form of physical, sexual, emotional or psychological violence, the UN health agency (WHO) said on Tuesday.
Colombia: 'Staggering number' of human rights defenders killed in 2019 (Tue, 14 Jan 2020)
The UN human rights office, OHCHR, is "deeply troubled by the staggering number of human rights defenders killed in Colombia" last year, its spokesperson said on Tuesday.
Global Goals top General Assembly President's priority list (Mon, 13 Jan 2020)
The President of the 74th session of the UN General Assembly on Monday set out his 2020 priorities, which aim to make the 17 Sustainable Development Goals (SDGs) a reality by the start of the next decade.
'No shortcuts to a healthier world': WHO chief sets out health priorities for the decade (Mon, 13 Jan 2020)
The head of the UN health agency, WHO, has set out his urgent global health challenges for the next ten years – designated the "Decade of Action" by the UN General Assembly" – and underscored the importance of investing in public health, in a statement released on Monday.
Colombia: 'Significant strides' towards integrated peace, UN envoy tells Security Council (Mon, 13 Jan 2020)
Colombia has continued to make "significant strides in its peace process", the top UN envoy in the country told the Security Council on Monday.
UN health agency urges China to continue search for source of new virus, as Thailand case emerges (Mon, 13 Jan 2020)
It is "essential" for China to continue investigating the source of a previously unknown strain of coronavirus, the World Health Organization (WHO) declared on Monday, following confirmation that an infected patient is being treated in Thailand.
UN committed to helping Haiti build better future, says Guterres, marking 10-year anniversary of devastating earthquake (Sun, 12 Jan 2020)
On 12 January 2010, a 7.0 magnitude quake struck Haiti, devastating its capital, Port-au-Prince. About 220,000 people were reportedly killed, among them, 102 UN staff who lost their lives when the building housing the stabilization mission there, known as MINUSTAH, collapsed. Some 300,000 people were injured and 1.5 million become homeless during the 35-second-long tremor.
Capacity of cities to tackle climate change key in 'crucial battle' for planet's preservation, says UN chief (Fri, 17 Jan 2020)
Cities – hubs of creativity and new ideas – can provide solutions to resolve humanity's "suicide war" against nature, and lead the world towards a sustainable future, UN Secretary-General António Guterres said on Saturday in Lisbon, which has been named the 2020 European Green Capital.
Venite-Austria 2017


text:
Strasbourg vs Paris SG
Bet on Strasbourg vs Paris SG - FRANCE: Ligue 1 - with Unibet !
Profit: +594.00
Bet on Strasbourg vs Paris SG and claim your 100% bonus with Unibet.com !
Strasbourg have won only 20% of their games against Paris in Ligue 1 (11/54), their lowest win ratio against a top-flight opponent that they have faced more than two times.
Strasbourg have won two of their last four home games against Paris in Ligue 1 (D1 L1), after winning none of their previous seven (D2 L5).
Strasbourg have lost only once in their last eight games in Ligue 1 (W3 D4), with that defeat coming against Nîmes in November (0-1).
Paris are unbeaten in their last 16 Ligue 1 games (W14 D2), their best run since May-November 2017 (18).
Strasbourg have won three of their last five games in Ligue 1 (D1 L1), after winning only one of their previous eight (D4 L3).
Paris are unbeaten in their last 15 away games in Ligue 1 (W11 D4), their best run since April 2015-February 2016 (18).
Five of Strasbourg's last six goals in Ligue 1 have been scored following a set piece situation (3 corners, 2 penalties).
Paris have scored 48 goals after 15 games in Ligue 1 this term, their best tally at this stage of a season in their history. It is the best such tally for a French top-flight team since St Etienne in 1969/70 (49).
Nuno Da Costa was involved in three of Strasbourg's four goals against Paris in Ligue 1 last season (1 goal, 2 assists).
Neymar has scored 19 goals in 18 games in Ligue 1 with Paris in 2018. Amongst players in the big five European leagues in 2018 (min 15. Goals), only Cristiano Ronaldo (77 mins) has a better mins/goal rate than Neymar (83 mins).
Today we propose the best prediction for the game Strasbourg vs Paris SG, valid for the FRANCE: Ligue 1, which will be played on 05.12.2018 20:00. Look for the best odds and betting offers for FRANCE: Ligue 1 offered by the best online bookmakers.


Disclosure: Please note that this is a sponsored post. I received special perks, including monetary compensation, in order to facilitate this review. However all thoughts and opinions expressed below are my own. A full disclosure may be found at the bottom of this post.
ZumZum intends to take the world by storm with their KickStarter for a classic kids toy that's been reinvented with a modern twist! Created with the help of Steve Peat, a professional mountain biker, the ZumZum bike features natural suspension, ensuring little riders get the most out of their experiences on their bicycle by absorbing shock, which also protects their spines from damage. This adjustable balance bike is 13" at its lowest setting, ideal for early walkers. Made from birch, this amazing bike grows with your child up to its highest setting of 15 1/2". You can start with the 10" alloy wheels for smaller children, and upgrade to the 12" wheels as they grow. The specially designed lightweight material result in the lightest product possible, making it more manageable for small children. The perfect beginner's bicycle!
There is also a great, unique feature with ZumZum bikes! Each bicycle has a chip in the steering wheel containing information about the bike's owner and guarantee.
Reserve a ZumZum bike today at their special Kickstarter price on the ZumZum Kickstarter campaign.
Disclosure: This is a sponsored post. I received monetary compensation in exchange for writing this content. All opinions expressed are my own, and were in no way influenced by the brand or any other sources. The post and all photos with the watermark are the property of Found Frolicking, and should not be used or distributed in any way without first receiving permission. Found Frolicking is in no way responsible for prize shipment, but will work with the sponsors in all ways possible to ensure the winner receives their prizes. If you would like to work with Found Frolicking for a review, giveaway, advertising, or promotion of any other nature, please email Lalia at found.frolicking@gmail.com.
That's a really interesting looking bike. I'm sure my youngest would love to try it out.
Love the idea of chip in steering wheel! I have wondered about balance but never understood them. The video explained it well.
ZumZum bikes looks like a great one for kids making it very much user friendly, being a light weight material product as well. Kids would love this for sure.
These bikes look so cool. I would love to try one out with my kids.
I hope they meet their goal. It looks like such a cool bike to me.
Great idea. I know lots of friends who've met their goal with kickstarter.


text:
package sh.isaac.api.task;

/**
 * {@link AggregateTaskInput}
 *
 * @author Dan Armbrust
 */
public interface AggregateTaskInput
{
	/**
	 * Call this prior to executing the task, to specify input data for the task
	 * @param inputData
	 */
	public void setInput(Object inputData);
}

redpajama_set_name: RedPajamaGithub


text:
The Liga Nacional de Básquetbol de Chile, also known as the LNB Chile, is the top national basketball leagues in Chile, it is a professional league, organized by the Federación de Básquetbol de Chile. The league was created in 2010 and the old national league, Dimayor was discontinued in 2013, being the only basketball professional league in the country. The league is now referred as Liga DirecTV by Spalding for sponsorship reasons.

History

Founded in 2008 with the objective of forming strong competition from basketball at national level.

Initially there was the creation of three (League A, League B & League C) divisions, but only the latter two were played. In 2010 the League B was renamed the Liga Nacional de Básquetbol, ranking as the main category of the competition, while the League C was renamed Liga Nacional Promocional.

However, that year was constituted the Liga Nacional Superior, vocational and bringing together the country's top clubs.

The inaugural season of the National League had an optimistic hosting, with 12 teams participate in this country. After eliminating Sagrados Corazones and Universidad Católica, Español de Talca met CD Boston College in the finals, winning by a marker 3-1 to become the first champion of the LNB.

In the 2011-12 edition there was a great turnout, with 18 teams, but the defending champion Español de Talca opted to return to the Dimayor. The winner this time was Deportes Castro, who defeated CD Boston College in the finals.

The 2012-13 season saw Español de Talca again crowned champion against CD Boston College, who won their third consecutive sub-championship. The title completed what was nearly a perfect season with only two losses in the tournament, winning Game 4 in overtime.

The 2013-14 season included 16 teams, with debutant team Tinguiririca San Fernando being champions after winning the final 3-1 to Osorno Basketball at the Monumental María Gallardo. With the win Tinguiririca San Fernando became the first team in the Northern Zone to win the championship.

2014-15 saw CSD Colo Colo crowned champion, winning the series 3-2 against Deportes Castro in Chiloé. The championship win earns Colo Colo the honor to represent the country in the Liga Sudamericana de Básquetbol.

Format

All team from Liga Nacional de Básquetbol de Chile teams play each other twice during the regular season. At the end of the regular season, the top eight teams qualify for the playoffs.

Teams 2023

Original league system

Current system

Champions

Championship by team

References

External links
 Liga Nacional de Básquetbol de Chile official website
 Official FebaChile
 Chilean league on Latinbasket.com

Chile
2010 establishments in Chile
Sports leagues established in 2010

redpajama_set_name: RedPajamaWikipedia


text:
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  init() {
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    this.getSpdxList();
  },
  getSpdxList() {
    this.set('spdxList',spdx.licenses);
    return true;
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My experience with the company www.courtlinked.com was awful, coz these scammers promised a lot of and told that they would help me in any way. But all their promises and speeches were real crap. I paid them money and all my problems started. I was so upset and tried to get money back, but of course it was already impossible. Stay away from these ### and post comments about your things with them.
www.courtlinked.com customer care service did everything in their power to resolve this complaint. All attempts to contact the client have failed. Therefore, this complaint has been annulled and must not be considered where company image and it's services are concerned.
Another fake review posted by the same user - this competitor (Southern california firm) has now posted 3 - 4 false reviews on courtlinked.com within a duration of 2 - 3 weeks.
Courtlinked.com is an a company with the bbb - los angeles. Why don't you file a complaint with the bbb so we can get your real information.
Keep it coming! We will continue our great services and an affordable rate!!


text:
Buenavista Social Club fue un club social ubicado en la Habana, Cuba en los años 1940.

Buena Vista Social Club también puede referirse a:

 Buena Vista Social Club, un grupo de música fundado en 1996.
Buena Vista Social Club (álbum), un disco grabado en 1997 por músicos asociados con el club.
Buena Vista Social Club (documental), un documental filmado en 1999 acerca de los músicos y la historia del club.


text:
West Side Institutional Synagogue
120 W 76th St, New York, NY 10023, ארצות הברית
120 West 76th Street New York New York 10023 US
http://www.wsisny.org/
RABBI DANIEL SHERMAN
Rabbi Daniel Sherman joined West Side Institutional Synagogue in 2013. He studied at Yeshivat HaKotel in Jerusalem and then earned a BA from Yeshiva College, where he won the award for Talmudic Excellence. He earned his rabbinic ordination at the Rabbi Isaac Elchanan Theological Seminary, where he was a Maybaum Scholar as well. Prior to recieving his semicha, he interned at Congregation BIAV in Overland Park, Kansas. Rabbi Sherman is also the Co-Director of TorahLetzion, an organization that assists motivated high school students afford a gap-year in Israel. He also spent many summers at Camp Nesher serving as the Head of Staff Beit Medrash Program, chinuch Rebbi, and Assistant Athletic Director.
CANTOR ZEV MULLER
Cantor Zev Müller, our very own "Chazzan Zevi", was raised in a house of Rabbis and Chazzanim. His father, Rabbi Aron Müller, is the Rabbi of the Jewish community in Baden, Switzerland, and his uncle is the famous Cantor Benjamin Müller of Antwerp, Belgium. Chazzan Zevi studied in the renowned Ponevezh Yeshiva in Bnei Brak, Israel, and in Beth Medrash Gavoha of Lakewood, New Jersey. Zevi received his BA in Cell Biology & Neuroscience summa cum laude from Rutgers University, and his MA in Biological Sciences from Columbia University. He is currently a graduate student at the Center for Theoretical Neuroscience at Columbia University.
Cantor Müller has studied Chazzanut and voice for many years with acclaimed cantors and opera singers, and has been leading high holiday services since the age of 18. He is a Spinto Tenor with a full range and with variations of color and dynamics. Despite his young age, Cantor Müller is well regarded in the cantorial world and is often invited to perform at concerts, officiate Chuppot and daven as a guest Chazzan around the world. In 2010, Cantor Müller recited the Kel Moleh Rachamim prayer at the UN General Assembly in commemoration of the Holocaust.
Cantor Müller has been the cantor at WSIS since 2007 and has become an integral part of the shul and the community. Though well-versed in traditional Chazzanut, Chazzan Zevi has integrated more contemporary-styled music, which encourages participatory davening and singing. Chazzan Zevi has inspired many with his warm heartfelt services and attracts many locals and visitors to the synagogue.
Besides his role as Cantor, Zevi also lectures and gives shiurim on Gemara, Jewish and Halachic topics for members of the shul and the broader community. He also finds time to teach Chazzanut, Nusach and voice to adults and children. Zevi and his wife, Chaya, live on the Upper West Side.
מיין לפי: Helpfulness
ישנים קודם
נפלא
At WSIS, we truly celebrate Shabbat and Jewish life. Our incredible community brings joy to all that we do. We look forward to seeing you at one of of our creative events, delicious Kiddushes or inspiring Shabbat services led by our world-class Chazzan.
מיין לפי: הצבעות
West Side Institutional Synagogue .jpg לפני 4 שנים
images.jpg לפני 4 שנים
מיין לפי: Distance
בית כנסת קהילת שארית יעקב
: 8 W 70th St, New York, NY 10023, ארצות הברית 0.59 km
http://www.shearithisrael.org/
קהילת שארית ישראל נוסדה במנהטן, ניו יורק בשנת 1654, על ידי מגורשי ספרד ופורטוגל, ונחשבת לקהילה הי...
בית הכנסת לינקולן סקוור, Lincoln Square Synagogue
180 Amsterdam Ave, New York, NY 10023, ארצות הברית 0.63 km
http://www.lss.org/about-us.html
LSS is a diverse and vibrant Modern Orthodox Congregation that provides religious, social, and e...
שטיבלך, Boyaner Shtiebel
451 West End Ave, New York, NY 10024 0.67 km
Minyan Times: Shacharis Sun: 8:15 AM Shacharis Mon/Thu: 7:15 AM Shacharis T/W/F: 7:15 AM Shachar...
המרכז היהודי (בית כנסת) , The Jewish Center
131 W 86th St, New York, NY 10024, ארצות הברית 0.88 km
http://www.jewishcenter.org/
Rabbi Yosie Levine joined The Jewish Center's rabbinic team in 2004. He earned a BA in English an...
קהילת אהבת חסד, Congregation Ahavath Chesed - Ridniker Shteibel
http://ridniker.com/
Shacharis (Mon-Fri) 7:15 am Shacharis (Sunday) 8:15 am Rosh Chodesh Shacharis 7:00 am Daf Yomi...
קהילת אוהב צדק, Congregation Ohab Zedek
http://www.ozny.org/about-our-rabbi.html
Congregation Ohab Zedek, or OZ, as it is fondly known, is more than just a synagogue. Under the l...
בית הכנסת פארק איסט, Park East Synagogue
163 E 67th St, New York, NY 10021, ארצות הברית 1.94 km
https://parkeastsynagogue.org/
Park East Synagogue is dedicated to providing the opportunity for spiritual growth, Jewish educat...
קהילת אור החיים (בית כנסת), Congregation Orach Chaim
1459 Lexington Ave, New York, NY 10128, ארצות הברית 2.31 km
http://orachchaim.org/
Rabbi Ben Skydell has been the rabbi at Congregation Orach Chaim since January 2013. He follows a...
Chabad of Upper East Side , חב"ד באפר איסט סייד
http://www.chabaduppereastside.com/
Chabad of the Upper East Side is part of a world-wide organazation of Chabad-Lubavitch, under the...
קהילת רמת אורה כי נר מצוה ותורה אור (בית כנסת) , Congregation Ramath Orah
550 W 110th St, New York, NY 10025, ארצות הברית 2.79 km
http://www.ramathorah.org/our-history
Ramath Orah has a unique legacy among Upper West Side synagogues. Founded in 1941 by Rabbi Dr. Ro...
Chabad Lubavitch of Midtown Manhattan, חב"ד מידטאון מנהטן
509 5th Ave, New York, NY 10017, ארצות הברית 2.95 km
http://www.chabadmidtown.com/
Rabbi Joshua Metzger – Executive Director Rabbi Asher N. Webb – Kollel Director Rabbi...
חב"ד באוניברסיטת קולומביה, Chabad at Columbia University
RabbiBlum@columbia.edu
http://www.chabadstudentcenter.com/
What is Chabad at Columbia University? · Chabad at Columbia University is a meeting place for soc...
Millinery Center Synagogue
1025 Ave of the Americas, New York, NY 10018, ארצות הברית 3.15 km
The synagogue was supported by the many millinery organizations that were based in the neighborho...
בית כנסת שערי צדק, Shaare Zedek Synagogue
5308 Palisade Ave, West New York, NJ 07093, ארצות הברית 3.29 km
http://shaarezedekwny.org/
Historic Shaare Zedek Synagogue For over a century, Congregation Shaare Zedek has served the Orth...
חב"ד הארלם, Chabad of Harlem
437 Manhattan Ave, New York, NY 10026, ארצות הברית 3.47 km
http://www.jewishharlem.com/
Rabbi Shaya Gansbourg, OBM, was many things to many people. A husband, a father, a grandfather. A...
קהילת תלמוד תורה אדרת קל, Congregation Talmud Torah Adereth El
http://www.aderethel.org/20070619/index.htm
Congregation Talmud Torah Adereth El was established in 1857. It has the distinctionof being New ...
בית הכנסת הישן ברודווי, Old Broadway Synagogue
15 Old Broadway, New York, NY 10027, ארצות הברית 4.27 km
http://www.oldbroadwaysynagogue.blogspot.co.il/
About Us The Old Broadway Synagogue is located at 15 Old Broadway, which is a small street that s...
JCC Chabad of Long Island City Astoria, חב"ד בלונג איילנד סיטי אסטוריה
10-29 48th Ave, New York, NY 11101, ארצות הברית 4.57 km
http://www.chabadlic.com/
The Jewish Community Center – Chabad of West Queens Mission Statement To assist the residents of...
Community Synagogue Max D Raiskin Center
New York, NY 10003, ארצות הברית 5.4 km
http://www.sixthstreetsynagogue.org/
Rabbi Gavriel Bellino A native of Lower Manhattan, Rabbi Bellino grew up attending the Young Isra...
808 Abbott Blvd, Fort Lee, NJ 07024, ארצות הברית 5.69 km
http://www.chabadfortlee.com/
Chabad of Fort Lee is founded on the principle that, while Jews embrace many levels of observance...
מקום חומוס, Hummus Place
305 Amsterdam Ave, New York, NY 10023, United States 0.18 km
http://www.hummusplace.com/
Hummus is one of the few foods that leaves you feeling satiated without spiking your blood glu...
161 W 72nd Street, New York, NY 10023 0.29 km
212 W 80th St, New York, NY 10024, United States 0.42 km
http://www.grill212newyork.com/
Grill 212 offers delicious dining, carryout and delivery to New York, NY Grill 212 is a cornersto...
zabar's
עסקים עם מוצרים מישראל
2245 Broadway, New York, NY 10024, ארצות הברית 0.53 km
http://www.zabars.com/
מעדניה, קפה, חנות מכולת. Eighty Years, and 3 generations later, Zabar's family business is still ...
מעדניית קסבה, Deli Kasbah
http://www.delikasbah.com/
Kasbah Kosher BBQ & Grill is the Upper Westside's premier kosher steaks, burgers, delicatesse...
209 West 38th Street, Manhattan, NY 10018, ארצות הברית 1.51 km
חנות המוזיאון היהודית, The Jewish Museum Shop
1109 5th Ave, New York, NY 10128, ארצות הברית 1.86 km
http://shop.thejewishmuseum.org/
The Jewish Museum Shop offers the world's finest selection of Jewish ceremonial objects and produ...
חגיגות - חנות מוזיאון העיצוב היהודית, Celebrations - The Jewish Museum Design Shop
1 E 92nd St, New York, NY 10128, ארצות הברית 1.87 km
http://thejewishmuseum.org/
The Jewish Museum is open today from 11 am – 5:45 pm. Hours: Galleries VIEW ALL Sunday 11 a...
טבון, Taboon
773 10th Ave, New York, NY 10019, United States 1.9 km
http://www.taboononline.com/
In February of 2004, partners Danny and Ayala Hodak and Gadi and Sheila Ruham open the doors of T...
Abaleh
1611 2nd Ave, New York, NY 10028, United States 2.14 km
http://www.abaleh.com/
פתוח 7 ימים בשבוע. על המקום: The latest entrant in Yorkville's fast/casual/healthy category is a ...
1395 Lexington Ave, New York, NY 10128, United States 2.18 km
קפה אורלין, Cafe Orlin
שווארמה, Shawarma Ave
שלום יפן, Shalom Japan
קהילת הר סיני, Congregation Mt Sinai
מעוז צמחוני, Maoz Vegetarian
סבבה גריל, Sababa Grill
Almayass


text:
/**
 * @author Brandon Alexander - baalexander@gmail.com
 */

/**
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  });

  var request = new ROSLIB.ServiceRequest({
    name : this.name,
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};

/**
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ROSLIB.Param.prototype.set = function(value) {
  var paramClient = new ROSLIB.Service({
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    name : '/rosapi/set_param',
    serviceType : 'rosapi/SetParam'
  });

  var request = new ROSLIB.ServiceRequest({
    name : this.name,
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/**
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 */
ROSLIB.Param.prototype.delete = function() {
  var paramClient = new ROSLIB.Service({
    ros : this.ros,
    name : '/rosapi/delete_param',
    serviceType : 'rosapi/DeleteParam'
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  var request = new ROSLIB.ServiceRequest({
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  paramClient.callService(request, function() {
  });
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Every month we bring a new art installation featuring a variety of media from local and regional artists.
Derrick Freeman resides in Knoxville. At the age of two, this 28-year old man was diagnosed with autism. Soon after his diagnosis, he stopped talking. By the age of three, he began to draw. Thus, Derrick started communicating to his family through his artwork, which has been an inspiration to many families affected by disabilities. Derrick has proven that regardless of any disability, each of us has something to give back to our community. Each piece has its own story to tell, so come check it out in the taproom the entire month of April, which is Autism Awareness Month!
Dino Day Liddick is a self taught artist, born and raised in central Pennsylvania. He currently resides in eastern Tennessee primarily practicing painting, metal work, and carpentry. Rather than pulling ideas from the mind to produce "art", Dino practices clearing his mind through the process of a piece resulting in an artistic product than can be shared, but ultimately an undefinable state of being. Each work is a result of deep and meaningful journey into the self, frozen in paint to share with you.
H.M. Howell grew up bouncing around the United States. Born in Kodiak, Alaska, she had detours to Seattle, Miami, Harlan, and made other assorted pit stops before finally, in 1987, she began calling Knoxville home.
More than 30 years (and a lifetime) later, she now shares her view of the "Ordinary Beauty" all around us. The small bits of nature, that can be extraordinary, when given just a moment to be appreciated.
Dan initially began painting landscapes by following Bob Ross. He's painted houses for many years, so he is comfortable with a brush. Learning to paint with a palette knife was challenging, however. Once he blended his first sky, he was hooked.
Dan likes to use oil as his medium. He feels that acrylics just don't blend as well, and that watercolors lack the vibrancy found with oil paint. The downside is that each landscape takes at least a month to dry. He says the effect he's looking for is the feeling you can walk right into the landscape, and even pick out the path you want to take.
Dan is an avid hiker, mushroom hunter, nature lover, and river guide on the Ocoee when he's not in his studio in South Knox County.
Subscribe to our newsletter for the latest news from Hexagon Brewing Co.
This website is intended for persons of legal drinking age.
© 2019 Hexagon Brewing Co., Knoxville, TN. All rights reserved.


text:
Score It Network
Languages Of Lies: Alex Weston Talks Scoring 'The Farewell'
One composer for Two Popes: Bryce Dessner
A Score Klaus to Perfection: A chat with Composer Alfonso G. Aguilar
The 'I Lost My Body' Score Was in Good Hands With Dan Levy
composer,Film Score,interview,films,netflix
Score It Magazine's Top 10 Soundtracks of the 2010s
Score It Magazine's Top 10 Soundtracks of 2019
composer,Film Score,interview,films,film composer
Scoring the Fae-Folk's Skid Row: Nathan Barr on Carnival Row
World Soundtrack Awards 2019: The Guðnadóttir Method
composer,Film Score,films,score,film composer
Nainita Desai: Composer and Storyteller
How Do You Respond? – Jacob Yoffee and Roahn Hylton on scoring "Free Meek"
Bleeding Fingers: A Chat with the Music Team Behind "The Simpsons"
Writing a Symphony with James McWilliam
composer,Film Score,interview,films,Cannes Film Festival
Becoming Human: A Chat With Composer Nima Fakhrara
Score Picks from Gareth Coker
Dinosaurs, Orchestras and Indian Flutes – An Interview with Video Game Composer Gareth Coker
Emile Awards: Long Way from Stage to Screen with Jonathan Morali
composer,Film Score,interview,score,Film
Score Picks from...
Score Picks from Alfonso G. Aguilar
Score Picks From Dan Levy
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composer,Film Score,score,Film,film composer
Alexei Aigui on Scoring the Breakthrough Documentary I am Not Your Negro
Things have been quite hectic lately for Russian composer Alexei Aigui: I Am Not Your Negro, his sixth collaboration with director Raoul Peck, has been shown in a large number of festivals (41st Toronto International Film Festival, 67th Berlinale, etc.) and has garnered the most prestigious accolades, among which an Academy Award nomination for Best Documentary. In I Am Not Your Negro, director Raoul Peck envisions the book essayist James Baldwin never finished about his friends Medgar Evers, Malcolm X and Martin Luther King, Jr. Using a rich archival material, Peck intertwines his filmmaking talent to James Baldwin's unfinished work and creates an extraordinary, enthralling, thought-provoking documentary voiced by actor Samuel L. Jackson. This up-to-the-minute examination of race in America is a journey into Black History that connects the past of the Civil Rights movement to the present #BlackLivesMatter.
To create a gripping musical environment, Peck re-teamed with his frequent collaborator Alexei Aigui. The composer is also a violonist in his own band Ensemble 4'33'' and the music he creates unites elements of contemporary classical and electronic music. Between a recording session and a trip to the Berlin Film Festival, we had the pleasure of exchanging a few words with the engaging and extremely bubbly Russian composer.
Score It: Congratulations to you, Raoul and the team for the Oscar-nomination! Can you tell us more about the collaboration process with director Raoul Peck for I Am Not Your Negro?
Alexei Aigui: Raoul was unfortunately unavailable when I was recording the I Am Not Your Negro score. It's our sixth collaboration and it's the only recording session that he missed. He usually comes into the studio with me and he's really hands-on: he tells me what he likes and dislikes and we make some changes together. In 2016, we also worked on The Young Karl Marx, also screened at the 67th Berlinale. For Marx, we were in the editing room together in France and Belgium. We talked a lot about the role of music, of the stylistic aspect of music. He wanted a music that was both orchestral and rebellious. He came to Moscow where I usually work. It's more convenient for me as I know the studio and the musicians—I've been working with them for almost 20 years. A few weeks after I finished the score for The Young Karl Marx, Raoul called to tell me he was done with the editing of I Am Not Your Negro and that I could start working on it. The period of time between the two films was very short. Since Raoul was dealing with Marx's post-production, he wasn't available to fly to Moscow where I was working. But we Skyped and it was business as usual! I was recording without him but I was sending him the different pieces and he was making some modifications as we went.
The music for I Am Not Your Negro is very different from the music for Marx. It didn't need a large orchestra. We needed some chamber music for the most intimist scenes and for the rest, I created jazzy pieces to match the era of the film. With my band, the 4'33'' Ensemble we improvised on themes that I had created. I usually write the music ahead of meeting with my band and then, when I come to the studio for the recording session, I tell the musicians what I want.
Alexei Aigui
Did Raoul leave you some instructions since he was busy with Marx?
He wanted some jazz music. He told me to listen to Miles Davis and to find a good trumpeter. Luckily I had one! His name is Andrey Gontcharov and I've been playing with him for ages. Raoul wanted something violent so I asked Andrey to create a tense sound, in total opposition to his style that is usually more lyrical. The trumpet is an instrumentent that screams, that can be very emotional. The best jazz trumpeters are African-American, so creating these jazz pieces were quite a challenge.
Is there a big difference between scoring fictions and scoring documentaries?
I am passionate about everything. Raoul's films, whether fiction or documentaries, are always very militant, I am used to it. However, Marx and I Am Not Your Negro are different regarding the orchestration and musical themes. I have scored different kinds of films: historical, comedies, dramas, documentaries. I have scored French director Marina De Van's adaptation of Le Petit Poucet and Alexander Kott's wordless film Test (Ispytanie). In every instance, you have to write notes! The themes, the genre, the editing influence me a lot. For I Am Not Your Negro, I had to take into account the sound environment of the film for my music not to be dissonant and not to clash with the rest. You need to be flexible.
Did you know James Baldwin before I Am Not Your Negro?
No, I did some research. He's not well-known in Russia. I'd like to read his essays but he has not been widely translated in Russian. He was a complex thinker, very interesting. Baldwin is a likeable person, he was a visionary.
The documentary underlines the lack of representation —or the misrepresentation— of African-Americans in films and on TV in the US. All the songs of the documentary come from funk, jazz and blues music ('Stormy Weather' by Lena Horne, 'Just a Dream' by Big Bill Broonzy, 'People Get Up And Drive Your Funk Soul' by James Brown, etc.). Raoul Peck seems to tell us that this identity, though visually absent, was well and truly there.
African-American music is a major music style of the 20th century. The most important, I think. Blues, jazz, gospel music are at the origin of everything we have today. I didn't grow up with jazz because it was almost forbidden in the USSR! When rock music arrived, the Soviet government said that it should be forbidden too, and at this moment we were able to listen to jazz. That was only 30 years ago!
What's coming up next for you?
I love to work for cinema because it's a different way to create. When I compose for myself, I can be quite lazy as no-one forces me to work all day long. Cinema is more challenging: I Am Not Your Negro made me dive into jazz music, The Horde (Andrei Proshkin) forced me to study Mongolian instruments. Cinema makes me think and allows me to develop as a composer.
Any tips for aspiring composers?
The market is swamped! No, I don't know, I came to cinema by chance. You need to be original and not copy Hollywood composers. You need to be a musician first. You need to create, to tour, to play live, even for an audience of ten people. Then you also need to be lucky, or to have a network.
The soundtrack is released by Lakeshore Records since February 17, 2017
Interview prepared, conducted, transcribed and edited by Marine Wong Kwok Chuen.
Author: wpscoreitcm
Tags: academy award, Alexei Aigui, Berlin Film Festival, composer, documentary, I Am Not Your Negro, Jr, Malcolm X, Martin Luther King, Medgar Evers, Oscar, Raoul Peck, Samuel L. Jackson, The Young Karl Marx
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Big Score for a Short Film. An Interview with 'Safety' Director Fabrice Joubert and Composer Mathieu Alvado
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text:
Q: How to load an earlier version of jQuery onto a page of a newer Wordpress Site I have an older jQuery plugin that I really like, and it works fine in a basic HTML web page, but not very well when I try to bring it into a WordPress page that's probably using a newer version of jQuery.
In particular, my WordPress site (version 3.7.1) is making use of a newer jQuery library, while the plugin is based on an earlier jquery-1.6.2.js library.
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*the necessary CSS,

*the 1.6.2 javascript library, and

*the plugin's javascript file into the <head> section of the web page:

function test_enqueue_css() {
    wp_enqueue_style( 'jquery.popeye', get_template_directory_uri() . '/jquery.popeye.css',false,'1.1','all');
    wp_enqueue_style( 'jquery.popeye.style', get_template_directory_uri() . '/jquery.popeye.style.css',false,'1.1','all');
}
add_action( 'wp_enqueue_scripts', 'test_enqueue_css' );

function get_jquery_library() {
         wp_enqueue_script( 'jquery-1.6.2', get_template_directory_uri() . '/jquery-1.6.2.js',false,'1.1','all');
}
add_action( 'wp_enqueue_scripts', 'get_jquery_library', 1);

function test_enqueue_script() {
    wp_enqueue_script( 'jquery.popeye-2.1', get_template_directory_uri() . '/jquery.popeye-2.1.js',false,'1.1','all');
}
add_action( 'wp_enqueue_scripts', 'test_enqueue_script' );

The css work well, but the JS doesn't. Can anyone suggest a way for me to load an earlier version of jQuery onto a site that has a newer version of jQuery?
Any help would be greatly appreciated!

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text:
MIT Libraries home DSpace@MIT
DSpace@MIT Home
MIT Open Access Articles
Multi-crease Self-folding by Global Heating
Miyashita, Shuhei; Onal, Cagdas D.; Rus, Daniela L
DownloadPublished version (1.052Mb)
Article is made available in accordance with the publisher's policy and may be subject to US copyright law. Please refer to the publisher's site for terms of use.
This study demonstrates a new approach to autonomous folding for the body of a 3D robot from a 2D sheet, using heat. We approach this challenge by folding a 0.27-mm sheetlike material into a structure. We utilize the thermal deformation of a contractive sheet sandwiched by rigid structural layers. During this baking process, the heat applied on the entire sheet induces contraction of the contracting layer and thus forms an instructed bend in the sheet. To attain the targeted folding angles, the V-fold spans method is used. The targeted angle θout can be kinematically encoded into crease geometry. The realization of this angle in the folded structure can be approximately controlled by a contraction angle θin. The process is non-reversible, is reliable, and is relatively fast. Our method can be applied simultaneously to all the folds in multi-crease origami structures. We demonstrate the use of this method to create a lightweight mobile robot.
https://hdl.handle.net/1721.1/129716
Massachusetts Institute of Technology. Computer Science and Artificial Intelligence Laboratory
MIT Press - Journals
Miyashita, Shuhei et al. "Multi-crease Self-folding by Global Heating." Artificial Life 21, 4 (November 2015): 398-411 © 2015 Massachusetts Institute of Technology
Version: Final published version
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