The U.S. Patent and Trademark Office (USPTO) is working to clarify when inventions are eligible for patent protection. Early last month, the agency published revised guidance for subject matter eligibility under 35 U.S.C. § 101.
The first step of the USPTO's eligibility analysis entails considering whether the claimed subject matter falls within the four statutory categories of patentable subject matter identified by 35 U.S.C. § 101: process, machine, manufacture, or composition of matter. The second step involves determining whether the claimed invention also qualifies as patent-eligible subject matter. The three judicial exceptions that the courts have found to be outside of, or exceptions to, the four statutory categories of invention are abstract ideas, laws of nature and natural phenomena (including products of nature).
In accordance with the U.S. Supreme Court's decisions in Alice Corp. Pty. Ltd. v. CLS Bank Int'l, 573 U.S. _, 134 S. Ct. 2347 (2014) and Mayo Collaborative Servs. v. Prometheus Labs., Inc., 566 U.S. 66 (2012), a patent claim must not be directed to a judicial exception unless the claim as a whole includes additional limitations amounting to significantly more than the exception. Stated another way, the first part of the Alice/Mayo test is to determine whether the claims are directed to an abstract idea, a law of nature or a natural phenomenon (i.e., a judicial exception). If the claims are directed to a judicial exception, the second part of the Mayo test is to determine whether the claim recites additional elements that amount to significantly more than the judicial exception.
To provide greater clarity, the guidance makes two significant changes to how patent examiners apply the first step of the U.S. Supreme Court's Alice/Mayo test, which determines whether a claim is "directed to" a judicial exception. First, in accordance with judicial precedent and in an effort to improve certainty and reliability, the revised guidance extracts and synthesizes key concepts identified by the courts as abstract ideas to explain that the abstract idea exception includes certain groupings of subject matter: mathematical concepts, certain methods of organizing human activity, and mental processes.
As detailed by the USPTO, mathematical concepts include mathematical relationships, formulas, equations, or calculations. Methods of organizing human activity include fundamental economic principles or practices, commercial or legal interactions, or managing personal behavior or relationships or interactions between people. Mental processes include concepts performed in the human mind, including an observation, evaluation, judgment, or opinion. Claims that do not recite matter that falls within these enumerated groupings of abstract ideas should not be treated as reciting abstract ideas, except in rare circumstances that require approval by the Technology Center Director.
The Revised Patent Subject Matter Eligibility Guidance goes on to establish a two-prong inquiry for whether a claim is "directed to" a judicial exception. In the first prong, examiners will evaluate whether the claim recites a judicial exception and if so, proceed to the second prong. In the second prong, examiners evaluate whether the claim recites additional elements that integrate the identified judicial exception into a practical application.
What's Next for Patent Subject Matter Eligibility?
The USPTO is seeking public comment on all the issues addressed by the guidance. Impacted entities are encouraged to submit written comments to Eligibility2019@uspto.gov(link sends e-mail) on or before March 8, 2019.
If finalized in its current form, the Revised Patent Subject Matter Eligibility Guidance provides useful insight into how patent examiners will analyze claims under the Mayo/Alice test. The new framework also strongly favors eligibility, which is good news for entities that are seeking patent protection.
While the USPTO guidance is welcome news, this area of patent law is expected to continue to develop. We encourage our readers to stay tuned for updates and contact one of Scarinci Hollenbeck's experienced technology law attorneys with any questions you may have.


text:
Hershey says board unanimously rejects Oreo maker takeover bid
(AP Photo/Shutterstock)
HERSHEY, Pa. -- Hershey says its board has unanimously rejected a takeover offer from Oreo maker Mondelez and that the offer provided "no basis for further discussion."
The chocolate maker confirmed that it had received the preliminary offer from Mondelez International to be taken over for a mix of cash and stock consideration, totaling $107 a share of Hershey common stock.
The Wall Street Journal, citing sources it did not name, had reported earlier in the day that Mondelez recently sent Hershey a letter proposing the deal. Mondelez International Inc. said it would take on Hershey's name and move its global headquarters to Hershey, Pennsylvania, according to the Journal.
The paper noted the deal would be subject to the approval of the Hershey Trust. The trust owns 8.3 percent of Hershey's shares.
businesspennsylvania news

redpajama_set_name: RedPajamaCommonCrawl


text:
package org.audit4j.core.dto;

import static org.junit.Assert.assertEquals;
import static org.junit.Assert.assertNotNull;

import java.util.List;

import jsr166e.extra.ReadMostlyVector;

import org.junit.After;
import org.junit.Before;
import org.junit.Test;

/**
 * The class AuditEventTest contains tests for the class
 * {@link AuditEvent}.
 *
 * @generatedBy CodePro at 2/4/15 9:27 AM
 * @author JanithB
 * @version $Revision: 1.0 $
 */
public class AuditEventTest {
    /**
     * Run the AuditEvent() constructor test.
     *
     * @throws Exception
     *
     * @generatedBy CodePro at 2/4/15 9:27 AM
     */
    @Test
    public void testAuditEvent_1() throws Exception {

        AuditEvent result = new AuditEvent();

        // add additional test code here
        assertNotNull(result);
        assertEquals(null, result.getOrigin());
        assertEquals(null, result.getAction());
        assertEquals(null, result.getActor());
        assertNotNull(result.getUuid());
    }

    /**
     * Run the AuditEvent(String,String,Field[]) constructor test.
     *
     * @throws Exception
     *
     * @generatedBy CodePro at 2/4/15 9:27 AM
     */
    @Test
    public void testAuditEvent_2() throws Exception {
        String actor = "";
        String action = "";

        AuditEvent result = new AuditEvent(actor, action);

        // add additional test code here
        assertNotNull(result);
        assertEquals(null, result.getOrigin());
        assertEquals("", result.getAction());
        assertEquals("", result.getActor());
        assertNotNull(result.getUuid());
    }

    /**
     * Run the AuditEvent(String,String,Field[]) constructor test.
     *
     * @throws Exception
     *
     * @generatedBy CodePro at 2/4/15 9:27 AM
     */
    @Test
    public void testAuditEvent_3() throws Exception {
        String actor = "";
        String action = "";

        AuditEvent result = new AuditEvent(actor, action);

        // add additional test code here
        assertNotNull(result);
        assertEquals(null, result.getOrigin());
        assertEquals("", result.getAction());
        assertEquals("", result.getActor());
        assertNotNull(result.getUuid());    }

    /**
     * Run the AuditEvent(String,String,String,Field[]) constructor test.
     *
     * @throws Exception
     *
     * @generatedBy CodePro at 2/4/15 9:27 AM
     */
    @Test
    public void testAuditEvent_4() throws Exception {
        String actor = "";
        String action = "";
        String origin = "";

        AuditEvent result = new AuditEvent(actor, action, origin);

        // add additional test code here
        assertNotNull(result);
        assertEquals("", result.getOrigin());
        assertEquals("", result.getAction());
        assertEquals("", result.getActor());
        assertNotNull(result.getUuid());
    }

    /**
     * Run the AuditEvent(String,String,String,Field[]) constructor test.
     *
     * @throws Exception
     *
     * @generatedBy CodePro at 2/4/15 9:27 AM
     */
    @Test
    public void testAuditEvent_5() throws Exception {
        String actor = "";
        String action = "";
        String origin = "";

        AuditEvent result = new AuditEvent(actor, action, origin);

        // add additional test code here
        assertNotNull(result);
        assertEquals("", result.getOrigin());
        assertEquals("", result.getAction());
        assertEquals("", result.getActor());
        assertNotNull(result.getUuid());
    }

    /**
     * Run the void addField(Field) method test.
     *
     * @throws Exception
     *
     * @generatedBy CodePro at 2/4/15 9:27 AM
     */
    @Test
    public void testAddField_1() throws Exception {
        AuditEvent fixture = new AuditEvent("", "", "", new Field[] {});
        fixture.setFields(new ReadMostlyVector());
        Field field = new Field();

        fixture.addField(field);

        // add additional test code here
    }

    /**
     * Run the void addField(String,Object) method test.
     *
     * @throws Exception
     *
     * @generatedBy CodePro at 2/4/15 9:27 AM
     */
    @Test
    public void testAddField_2() throws Exception {
        AuditEvent fixture = new AuditEvent("", "", "", new Field[] {});
        fixture.setFields(new ReadMostlyVector());
        String name = "";
        Object value = new Object();

        fixture.addField(name, value);

        // add additional test code here
    }

    /**
     * Run the void addField(String,Object) method test.
     *
     * @throws Exception
     *
     * @generatedBy CodePro at 2/4/15 9:27 AM
     */
    @Test
    public void testAddField_3() throws Exception {
        AuditEvent fixture = new AuditEvent("", "", "", new Field[] {});
        fixture.setFields(new ReadMostlyVector());
        String name = "";
        Object value = null;

        fixture.addField(name, value);

        // add additional test code here
    }

    /**
     * Run the void addField(String,Object,Object) method test.
     *
     * @throws Exception
     *
     * @generatedBy CodePro at 2/4/15 9:27 AM
     */
    @Test
    public void testAddField_4() throws Exception {
        AuditEvent fixture = new AuditEvent("", "", "", new Field[] {});
        fixture.setFields(new ReadMostlyVector());
        String name = "";
        Object value = new Object();
        Object type = new Object();

        fixture.addField(name, value, type);

        // add additional test code here
    }

    /**
     * Run the void addField(String,Object,Object) method test.
     *
     * @throws Exception
     *
     * @generatedBy CodePro at 2/4/15 9:27 AM
     */
    @Test
    public void testAddField_5() throws Exception {
        AuditEvent fixture = new AuditEvent("", "", "", new Field[] {});
        fixture.setFields(new ReadMostlyVector());
        String name = "";
        Object value = null;
        Object type = new Object();

        fixture.addField(name, value, type);

        // add additional test code here
    }

    /**
     * Run the String getAction() method test.
     *
     * @throws Exception
     *
     * @generatedBy CodePro at 2/4/15 9:27 AM
     */
    @Test
    public void testGetAction_1() throws Exception {
        AuditEvent fixture = new AuditEvent("", "", "", new Field[] {});
        fixture.setFields(new ReadMostlyVector());

        String result = fixture.getAction();

        // add additional test code here
        assertEquals("", result);
    }

    /**
     * Run the String getActor() method test.
     *
     * @throws Exception
     *
     * @generatedBy CodePro at 2/4/15 9:27 AM
     */
    @Test
    public void testGetActor_1() throws Exception {
        AuditEvent fixture = new AuditEvent("", "", "", new Field[] {});
        fixture.setFields(new ReadMostlyVector());

        String result = fixture.getActor();

        // add additional test code here
        assertEquals("", result);
    }

    /**
     * Run the List<Field> getFields() method test.
     *
     * @throws Exception
     *
     * @generatedBy CodePro at 2/4/15 9:27 AM
     */
    @Test
    public void testGetFields_1() throws Exception {
        AuditEvent fixture = new AuditEvent("", "", "", new Field[] {});
        fixture.setFields(new ReadMostlyVector());

        List<Field> result = fixture.getFields();

        // add additional test code here
        assertNotNull(result);
        assertEquals(0, result.size());
    }

    /**
     * Run the String getOrigin() method test.
     *
     * @throws Exception
     *
     * @generatedBy CodePro at 2/4/15 9:27 AM
     */
    @Test
    public void testGetOrigin_1() throws Exception {
        AuditEvent fixture = new AuditEvent("", "", "", new Field[] {});
        fixture.setFields(new ReadMostlyVector());

        String result = fixture.getOrigin();

        // add additional test code here
        assertEquals("", result);
    }

    /**
     * Run the void setAction(String) method test.
     *
     * @throws Exception
     *
     * @generatedBy CodePro at 2/4/15 9:27 AM
     */
    @Test
    public void testSetAction_1() throws Exception {
        AuditEvent fixture = new AuditEvent("", "", "", new Field[] {});
        fixture.setFields(new ReadMostlyVector());
        String action = "";

        fixture.setAction(action);

        // add additional test code here
    }

    /**
     * Run the void setActor(String) method test.
     *
     * @throws Exception
     *
     * @generatedBy CodePro at 2/4/15 9:27 AM
     */
    @Test
    public void testSetActor_1() throws Exception {
        AuditEvent fixture = new AuditEvent("", "", "", new Field[] {});
        fixture.setFields(new ReadMostlyVector());
        String actor = "";

        fixture.setActor(actor);

        // add additional test code here
    }

    /**
     * Run the void setFields(List<Field>) method test.
     *
     * @throws Exception
     *
     * @generatedBy CodePro at 2/4/15 9:27 AM
     */
    @Test
    public void testSetFields_1() throws Exception {
        AuditEvent fixture = new AuditEvent("", "", "", new Field[] {});
        fixture.setFields(new ReadMostlyVector());
        List<Field> fields = new ReadMostlyVector();

        fixture.setFields(fields);

        // add additional test code here
    }

    /**
     * Run the void setOrigin(String) method test.
     *
     * @throws Exception
     *
     * @generatedBy CodePro at 2/4/15 9:27 AM
     */
    @Test
    public void testSetOrigin_1() throws Exception {
        AuditEvent fixture = new AuditEvent("", "", "", new Field[] {});
        fixture.setFields(new ReadMostlyVector());
        String origin = "";

        fixture.setOrigin(origin);

        // add additional test code here
    }

    /**
     * Perform pre-test initialization.
     *
     * @throws Exception
     *             if the initialization fails for some reason
     *
     * @generatedBy CodePro at 2/4/15 9:27 AM
     */
    @Before
    public void setUp() throws Exception {
        // add additional set up code here
    }

    /**
     * Perform post-test clean-up.
     *
     * @throws Exception
     *             if the clean-up fails for some reason
     *
     * @generatedBy CodePro at 2/4/15 9:27 AM
     */
    @After
    public void tearDown() throws Exception {
        // Add additional tear down code here
    }

    /**
     * Launch the test.
     *
     * @param args
     *            the command line arguments
     *
     * @generatedBy CodePro at 2/4/15 9:27 AM
     */
    public static void main(String[] args) {
        new org.junit.runner.JUnitCore().run(AuditEventTest.class);
    }
}

redpajama_set_name: RedPajamaGithub


Peggy Outon is Assistant VP for Community Engagement and Leadership Development at RMU. She is also founding Director of the Centers for Effective Nonprofit Management in Austin and New Orleans, and the founding Board Chair of the Alliance for Nonprofit Management. A nationally noted consulta nt and trainer, Peggy has worked with more than 700 nonprofits. She served as founding member and trainer for the Drucker Foundation's international training team. An active community volunteer, Peggy has served on 33 community Boards and countless committees. She was named to the national Nonprofit Times Top 50 for Power and Influence and has been recognized locally by several organizations, including the Girls Scouts and Pittsburgh City Council.
Evie Gardner is Senior Consultant, Organizational Development and Finance at the Bayer Center for Nonprofit Management at Robert Morris University. She has teamed with a diverse set of clients on projects ranging from enhancing governance and evaluation practices to diversifying revenues and clarifying organizational strategy. Her integrated approach supports nonprofits as they use data and numbers to drive strategic decision-making. Evie holds a B.A. from the University of Wisconsin-Madison and masters of public administration from the University of Pittsburgh. She was the 2012 Heinz Endowments Graduate Fellow, is an AmeriCorps alumna, and is the President of the Young Nonprofit Professionals Network of Pittsburgh.
Shelby Gracey is Office Coordinator at the Bayer Center for Nonprofit Management at Robert Morris University, responsible for keeping the center's office functions flowing smoothly. After receiving an A.S. from Lake-Sumter Community College as well as certification as a professional secretary, she went on to work in healthcare public relations, word processing and computer support. Shelby is also organist and director of music at Sunset Hills United Presbyterian Church where she coordinates and plays music for church services, and directs the adult, children's and handbell choirs.
Susan Loucks is Senior Consultant, Organizational Development and Strategy at the Bayer Center for Nonprofit Management at Robert Morris University. A longtime resident of Boston, she has worked as an organizational development consultant for nonprofits independently and with the Human and Institutional Development Forum in Bangalore, India. Particular areas of focus include transitions (e.g. leadership, business model, size), efficiently and effectively involving people in organizational improvements and systems development, and communication/conflict. Susan holds a master's degree from the University of Michigan, a bachelor's degree from Wellesley College, and a certificate in Grassroots Development and NGO Management from the School for International Training.
Jennifer Pease is Program Specialist at the Covestro Center for Community Engagement at Robert Morris University, lending her extensive nonprofit program experience to the Covestro Institute for Engagement. She is also president of Senior Pet and Animal Rescue. Jennifer has volunteered for Strong Women Strong Girls, Animal Rescue League, Steel City Road Runners Club, Humane Society of the United States, WYEP radio, Family House, Hello Bully, the office of Mayor Bill Peduto, and St. Paul Cathedral. Jennifer graduated from the University of Pittsburgh with a bachelor's degree in English writing and maintains a public and professional writing certificate.
Carrie Richards is Programs Team Leader at the Bayer Center for Nonprofit Management at Robert Morris University where her favorite roles are playing BoardsWork! matchmaker and crafting the educational catalog. She mentors in the Women's Leadership and Mentorship Program and teaches in the Nonprofit Leadership Association, both at RMU. A Northsider and proud owner of a rescued pit bull, she's an animal rescue volunteer, member of Elks Lodge #339, and board president of Allegheny Goatscape. Carrie is an RMU alumna with master's degrees in nonprofit management and human resources. She and her husband Bradly love exploring National Parks and visiting Disney World as often as possible.
Carrie Tancraitor is Associate Director at the Bayer Center for Nonprofit Management at Robert Morris University, responsible for the collection and analysis of customer, demographic, and survey data. She also contributes original research to various studies on the nonprofit sector. Carrie was a Schreyer's Scholar at The Pennsylvania State University, holds a master's degree in public administration from the University of Delaware and a Ph.D. from Robert Morris University. An active volunteer, she is a marathoner and proud parent to three spirited boys and a tail-less shelter cat.
Yvonne Van Haitsma, Associate Director at the Covestro Center for Community Engagement, began working with the Bayer Center for nonprofit management in 2000, initially working with nonprofit organizations on collaboration planning, strategic planning, and board development. Now she works building collaborations between companies and nonprofits, creating win-win-win relationships that build nonprofit capacity, corporate social responsibility, employee engagement, and purpose-driven opportunities for companies and their workforce. She manages the Executive Service Corps, SkillShare, and BoardsWork! Yvonne earned her M.S.W. in Community Organizing and Nonprofit Management at the University of Pittsburgh and has worked with nonprofits in Pittsburgh, Ecuador, and El Salvador.


On April 7th, 2014, I had to put my dog to sleep. He had a brain tumor. Harley has been part of real estate with me, in every ad, on billboards and in everything I did. All my customers know him. For as long as I have been advertising I have had a photo of me with my best buddy Harley. My photos with him signified what I loved about where I lived, being out at the beach with my pal, running, swimming, and his most favorite thing of all, playing catch. Together we sold a lifestyle. One day, almost 13 years ago, I went to the mall for a pair of shoes. I came home with Harley instead. I have had many dogs, but Harley was special. Not for even one second of his life did he ever have a mean moment. He made so many people smile and everyone who met him, loved him. He was the perfect example of unconditional love. Sadly we found that he had a brain tumor. He was such a trooper. He never showed that he had any discomfort. We thought he would have had longer to be with us but sadly it went faster than we thought and he left us. I am broken hearted but know that there is a very special place in heaven for him. He will always stay in my heart and in my ads because it would just be too sad to do it without him. For those of my friends and customers who knew him, say a little prayer as he makes his way across the stars. I miss you my sweet boy and will see you again one day. May you rest in peace and feel our love on your journey.


text:
Nebraska Council on Economic Education Executive Committee
Empowering Elementary Students to Save
Lincoln Center for Economic Education Promotes Financial Literacy Through In School Savings Program
Students at Wysong Elementary School learn the ins and outs of banking through the In School Savings Program.
In a financially complex world, Randy Oltman, principal at Wysong Elementary knows his students need to learn to take care of money and understand the importance of savings. When he heard about the In School Savings Program coordinated locally by the University of Nebraska–Lincoln Center for Economic Education, Oltman believed he found the best way to instill those values in his students.
"Kids need to start learning early about financial literacy. A lot of children have very short-term goals, as some adults do, with money and savings. Helping them realize a longer-term goal of something they want to accomplish or save for starts with very small amounts of savings and planning," he explained.
With goals to teach students how to become savers and how financial institutions operate, Oltman collaborated with center director Dr. Tammie Fischer, who led a four-month planning process involving Wysong school faculty and representatives from West Gate Bank, to create a school branch. With a scheduled opening in November, they planned for the branch to open once a week during the school year for savings deposits starting at $1. West Gate Bank offered to match initial student deposits up to $5 to get them started. Teachers at Wysong interviewed and selected student tellers who West Gate staff then trained. Students in grades 3-5 received targeted savings lessons to prepare for their participation.
The center previously assisted eight other elementary schools in the Lincoln Public Schools district to open branches through school and bank partnerships. In each case, a school partners with a local financial establishment, and uses the program framework provided by the center. Oltman believes the In School Savings Program enables children to establish a saving habit early they will want to continue.
Wysong's In School Savings Student Branch opened this fall with a ribbon cutting ceremony.
"I knew some other schools in Lincoln Public Schools were participating in the program. I didn't know a lot about it, but I knew the opportunity was there. We decided to take this on because we thought it would be a great learning opportunity for the students, who are making deposits and learning to save," said Oltman. "We are building a community of economically literate students here at Wysong and want our children to become savvy savers."
With 31 schools in Nebraska participating, the In School Savings Program impacted Nebraska's youth since the first student branch began in 2002. The center's parent organization, the Nebraska Council on Economic Education, recently surveyed students statewide who previously took part in the program. The results highlight its success to promote financial literacy and economic education in the state.
"Research shows that savings habits form at an early age. Students who participate in this program, once in high school, are more likely to be banked, have jobs while in high school and save at higher rates than students who didn't participate in the elementary program," said Fischer, who also serves as an assistant professor of practice in economics at the Nebraska College of Business, where the center is housed.
The center's work expands beyond student programs to also providing professional development for teachers and college faculty to become better economics instructors. Each of the center's initiatives share the common goal to ultimately help people develop economic ways of thinking and problem-solving that they can use in their daily lives as consumers, savers, investors and responsible citizens.
"Economic and financial literacy allows us to understand the everyday world around us. It enables us to understand people, businesses, markets and governments. It also gives us the ability to make informed financial decisions and improve the financial well-being of future households," said Fischer.
To learn more about the Lincoln Center for Economic Education, visit their website. Or view Nebraska elementary schools participating in the In School Savings Program and the financial establishments supporting them.


Many brides-to-be find the initial thought of shopping for their dream dress extremely daunting! We want the entire experience to be a pleasure, from start to finish!
when should i start looking for my dream dress?
Ideally you should aim to order your dress at least 9 months before the date of your wedding. This allows the time it takes for your dress to be made to order and time to have your dress fitted perfectly to you.
However, if you don't have the luxury of time, we can still help. It may be possible for one of our many designers to offer a very quick service. We even have a range of sample dresses which can be bought 'off the peg' and adjusted to fit.
when should i make my appointment and how long will it last?
Typically, your initial appointment will last one and a half hours. This allows plenty of time for your personal consultation, for us to get to know you and understand what you are looking for, before trying on our gorgeous dresses.
Saturday appointments are the most popular, so we recommend you book your appointment as far in advance as possible. If weekdays and Saturdays are difficult for you, we are able to offer late night appointments on a Thursday.
We recommend that you bring no more than 2-3 guests with you to your initial appointment. Too many opinions can often be unhelpful and rather confusing!
We have everything you will need for your appointment, however, you may wish to ensure you are wearing comfortable underwear and it is useful to wear a strapless bra.
Once you have chosen 'the one', we will take your measurements and you will then pay a 50% deposit to secure your order and enable us to place your dress on order with the designer. We will contact you as soon as your dress arrives and agree an appointment for you to come and try it on. The final balance is due within 14 days of the arrival of the dress.
what happens with regards to fitting and alterations?
We offer all our brides the option of our fitting service. Our highly experienced seamstress will ensure that your dress fits you to perfection. Usually you need 2-3 fittings. Please note that the cost of your alterations is not included in the price of your dress. We will provide you with a guideline as to the cost of possible alterations prior to buying. It is essential that you bring with you the shoes and underwear you intend to wear on your wedding day.


International bond exchange traded funds with European exposure could advance as the European Central Bank could be forced to pay a premium on bond purchases and lift prices on all Eurozone debt in response to the lack of supply.
While there are no Europe-focused bond ETFs available, investors can gain exposure to the region through broader international fixed-income ETFs. For example, the SPDR Barclays International Treasury Bond ETF (NYSEArca: BWX) includes U.K. 7.9%, Italy 6.6%, France 6.5%, Germany 5.2%, Belgium 4.6%, Spain 4.7%, Netherlands 4.6% and Austria 3.5%, among others. The iShares International Treasury Bond ETF (NYSEArca: IGOV) includes Italy 7.3%, France 6.7%, U.K. 5.8%, Germany 5.8%, Belgium 4.6%, Ireland 4.6%, Spain 4.7%, Austria 4.3% and Netherlands 4.5%.
Additionally, the Vanguard Total International Bond ETF (NYSEArca: BNDX) provides broad exposure to international debt, including foreign investment-grade government, corporate and securitized debt while hedging currency exposure, which can diminish volatility attributed to the Forex risks. BNDX also includes a 47.2% tilt toward European countries.
The ECB has enacted a 1 trillion euro bond purchasing program, but analysts are skeptical about the ECB's chances of actually meeting the supply as investors are unwilling or unable to sell top-rated government bonds, notably German debt, reports Christopher Whittall for the Wall Street Journal.
"It will be challenging for the ECB to source enough government bonds to meet its QE targets," Anthony O'Brien, co-head of European rates strategy at Morgan Stanley, said in the WSJ article.


text:
L'U.S.C. Freiburg è una società cestistica avente sede a Friburgo in Brisgovia, in Germania. Venne fondata nel 1972.

Disputa le partite interne nella Sepp-Glaser-Halle, che ha una capacità di 2.300 spettatori.

Cestisti

Allenatori

Collegamenti esterni

redpajama_set_name: RedPajamaWikipedia


Nose bursts from the glass with crushed black cherries and wet stones after a summer rain. Delicious, ripe but precise high acid fruit. More Northern Rhone style than Southern. Super long velvety tannins and remarkable freshness. What can I say; the guy knows how to motivate a team. I am "begrudgingly", very proud of this wine. By the way – no corkscrew required, finished with a revolutionary glass decanter style topper. Salud!
Aged in 100% once used French oak barrels for 20 months.


Is it sacrilege to open the exclusive polybags to display the figures?
Buy two. Cover all your bases.
@Shib yeah... too many threads asking simple Yes or No questions. Kind of annoying to see all the time.
But seriously, it's all about personal satisfaction. Some people may be content with having them sealed, some only with the open figs. Some want both. There's no correct option.
Some people like the concept of pristine/sealed if only for the potential and flexibility that it represents. You can choose to build it at any time you like knowing that it'll be good. You can choose to resell it later if that floats your boat. You can give it away as a gift. Whatever. I bought the Simpson's house because I like the show and like the model, but don't know if I'll ever actually build it. I also know that if I feel that way later after it retires and want it then, I'll have to pay more. In the meantime, I'm not going to break those seals, because doing so instantly reduces my options (or at least the value of those options).
Then again, some people like having them sealed, encased in acrylic with spotlights shining on them and angel music playing in the background. That's cool too.
^ The people that seal up a perfectly good toy, car, etc, etc, never to play, drive, touch, said item... I don't see the point a status symbol for the sake of a status symbol. "Come around & gaze at my pristine Comic Con 2019 Mini Han Solo's Millennium Falcon.....well.....ur.....the box anyway. Just imagine what it would look like fully assembled." Eh, sorry, don't get the appeal... Each to their own, I guess.
I'm more interested in the packing than the set itself: It's pretty, it's different, attracts attention and carries the value of the thing.
Once opened, all you have is a small set that can be easily bricklinked for a measly amount of a ship I'm not even familiar with outside the lego world (as I haven't watched the yoda episodes). Sure, you still have the box and instructions, but you're giving away the potential and flexibility TheLoneTensor mentioned for pretty much nothing.
And if I'm dying to have it built and see it fully assembled, I can simply bl it and display it in front of the box.
So unless you're interested in that purely as a collectible, I honestly don't see the reason to get it given the prices.
They're just one of those things that serve no real purpose whatsoever but provide a certain satisfaction just for having them.
Now if we're talking about a modular building, that's a different story for me. That's the kind of thing that needs to be built to experience it.
I had no qualms about opening my Hoth Han poly. I think my kids might have dumped him inside one of the modulars maybe? He will probably turn up somewhere.
^^Maybe he is in Hell...Hyah!!!
I opened my iron patriot without a second thought! Thats my most valuable poly fig. Got it with the ps3 game for $40. The figure sealed I may get $32 for, open $25+. Value is only figured in how much one is willing to pay for it. I really want the emerald night #10194. Am I going to pay $400+ for one sealed. Absolutely not. Wont even give $250 used. Ill wait for the Lego bubble to bust then buy one. Even if that means waiting till im 70! Got to agree with VorpalRyu. Lego is a toy. Play with it!!!!!
I really want the emerald night #10194. Am I going to pay $400+ for one sealed. Absolutely not. Wont even give $250 used. Ill wait for the Lego bubble to bust then buy one. Even if that means waiting till im 70!
Back in the late 90s I purchased a sealed #8862 for something like $150ish. I kept watching auction prices and one went for close to $400. This was back when you could see who bid on the auction and contact them. I contacted the highest losing bid and offered him mine that I had just gotten, opened and put together for a little less than the one he had bid on sold for. The set can now often be had used for <$100 when it pops up.
I realize this isn't exactly a fair comparison to something like the Emerald night, but I think it is reasonable to think as LEGO continues to produce models, there is a chance that older product will eventually drop to levels much less than what they currently go for. I know eBay now is much different than it was then, but at the time, it was a set that had been retired for 10 years and was a pretty great set then. I don't think it is crazy to think that in 10 to 15 years you might actually be able to get a used Emerald night for <$150 as well. Who knows, and only time will tell.
I dunno. I don't play with toys . I build Lego, but figures and stuff... I just don't. I like my Mighty Muggs. I doubt I will ever sell them. But I get joy from arranging them, still sealed, on my desk. There's just a prettiness about them in the packaging that I love.


text:
HTC boss Cher Wang bilked of a few million dollars by church mates and long time friends
by Alex Linder
Cher Wang, the co-founder, chairperson and CEO of Taiwanese smartphone manufacturer HTC has been swindled out of a few million dollars by members of her church, it has emerged.
The culprit, as it turned out, was a longtime friend and business associate of her husband Chen Wen-chi, CEO of the integrated chipset maker VIA Technologies.
So trusted was Jonathan Chang, 60, by Chen, that he was appointed chief financial officer at VIA Technologies. Both he and his wife, Grace Chang, 57, were arrested on Monday in Cupertino and are now out of custody on $200,000 bond.
Jonathan Chang was the church elder in charge of managing day-to-day finances at the Home of Christ Christian Church in Saratoga, California, where Cher Wang and her husband were married. It was also here that Chen was baptized years ago.
Together with his wife, Chang set up a bogus foundation, Home of Christ Associates, and hatched an elaborate plan to bilk Wang of donations meant for the church's new multi-million-dollar building project.
According to the indictment, the couple allegedly bilked Wang and the church out of $7.4 million between 2004 and January 2016.
This includes a $2 million donation and $3 million loan Wang was persuaded to provide the church with in 2004, as well as a later transfer of more than $892,000 for the church building.
To repay short-term loans, the church later agreed to sell the new building to Chang's bogus foundation. Things came to a head when the 10-year lease expired in June 2015, and the Changs began to charge $10,000 in rent per month and threatened the church with eviction.
If convicted of the various charges of fraud and money laundering, the Changs face a maximum of 20 years in prison and several hundred thousand dollars in fines.
Identified in the indictment and in a report by the San Jose Mercury News only as C.W., Cher Wang's role in the case was revealed by the World Journal, a Chinese-language national daily in the United States.
The Journal also revealed that Wang and her husband have been major donors of the church since 1996, giving over a million dollars towards special accounts such as the Seminary Fund, the Mainland China Mission Fund, and the Church Building Development Fund.
Long the power couple in Taiwan's technology circles, Cher Wang and Chen Wen-chi topped the island's rich list in 2011, but have seen their fortunes dwindle as HTC shares shed more than 90% of their value since then. They placed 37th in Forbes' Taiwan's 50 Richest list in 2015. Cher Wang was also listed as the world's 54th most powerful woman by Forbes in 2014.
Wang's popularity in Taiwan has also taken a hit since she began injecting herself into politics. In 2012, she endorsed President Ma Ying-jeou when he was seeking re-election, and voiced open support for the "1992 Consensus", a verbal agreement by powers on both sides of the straits that there is only one "China", and that each side would be free to define "China" their own way.
In 2013, it also emerged that HTC was working with the Chinese government to develop a mobile operating system that was hoped would break the dominance of Apple's iOS and Google's Android systems.
Critics also charge that Wang has been bankrolling the Bread of Life Church, a leading Taiwanese megachurch with billions of New Taiwan Dollars as it embarked on high profile campaigns to oppose same-sex marriage on the island.


We are glad to list our top choice for the best remington available today. please note that our pick is based on our experience. if you feel some specific remington is missed from our list please contact us and we will review our list again.
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Whether it takes you across the seas and to an exotic location or just a couple of hours away to the next city, taking a business trip means you're out of the office. Exciting at first, until you realise that you need to somehow pack your office up into one tiny little bag.
When travelling on business, especially via plane, you can't afford to pack heavy. Being able to pack a small, carry on bag means you can be on your way as soon as your plane arrives. Let's face it – time is money when it comes to a business trip.
Before you even think about packing, work out exactly what it is you'll be doing while you're gone. Know your flight times, hotel address, important phone numbers, car rental information, and who you'll be meeting. Using a handy travel folder, keep all documents together in the order that you'll need them. In addition to this, download the Passbook app for your smartphone and compile all your important documents in one place.
Also determine whether or not you will have any downtime, as you will want to pack accordingly for this. Everyone deserves a little bit of R&R when working away so if possible, try to squeeze in a non-business activity.
Pack versatile items that can be mixed and matched to allow for more space in your luggage. Consider accessories to change the look of an outfit rather than pack a series of outfits. Casual items should be smart enough that should you attend a non-business related event with a colleague you still look professional, but casual enough for you to realise that it's not all work and no play. Also pack a water-tight plastic bag, which can be useful for wet/dirty clothes.
Toiletries should be kept to a minimum and reduced in size where possible. Consider using hotel shampoo and conditioner for a few days, and just pack deodorant and cologne. Makeup can be transported in smaller, perfume bottles or kept to just the essential items. Pack a pocket-sized toothbrush and facial wipes to use just before your arrival so that you feel refreshed and ready to take on the trip.
If you're sick of paying $10+ an hour for airport or hotel WiFi, or feel fed up at having to hunt around for an internet cafe, the MiFi will save you a ton of frustration. The slim, credit card-sized package gives you easy access to 4G networks and helps you stay connected wherever you are.
Your laptop is likely to get plenty of use during your trip, and you want to be sure you can plug it in. Look for a multifunctioning travel plug adapter, which can be found at most airports. If possible, pack two so you can charge your laptop and phone at the same time.
The pocket-sized Innergie power accessory is designed to give you power on hand when you need it, and is suitable for almost all USB-powered devices. Simply connect your device when it's running out of charge and watch as the battery life is quickly transferred.
While a tablet can save you heaps on space and is easy to transport in and out of meetings, one disadvantage is its lack of keyboard. For those having to enter lots of information, a removable keyboard will make typing much easier.
The Brookstone HDMI pocket-sized projector is perfect for making a presentation wherever you go. Running up to two hours on a single charge, it includes built-in speakers, connects to all HDMI-based devices, and cranks out 1080p high definition video up to 60-inches digitally. All this from something that sits in the palm of your hand.
These in-ear headphones are great at blocking out outside noise, meaning you can take a phone call even at the busiest of events. The Sennheiser MM70s come with an inline remote for call controls, and are a universal 3.5mm fit so they will work with almost every smartphone, tablet and laptop.
Power is one of the most important things when travelling long haul, and the Kensington Absolute Power keeps your devices charged with up to 100 watts of power. Coming with a range of detachable adapters, it can power a huge range of devices and virtually every laptop on the market.
Forget lonely nights in the hotel room watching drivel on TV. The Google Chromecast is a cheap, USB-based device that allows you to stream video content from your laptop or smartphone over Wi-Fi connections for quick and easy movie viewing.
Amazon's Kindle Paperwhite is designed specifically for frequent travellers, and gives you access to hundreds of e-books while offering multi-day battery life. It's considered one of the best e-readers around.
With all these gadgets to pack, you'll need a handy way to store them without risk of something falling out or rolling around in your bag. Grid-it is an organisation system for your suitcase, and is made up of dozens of elastic bands that hold devices firmly in place.


text:
Prince William opens up about Princess Diana's bulimia battle
The royal said he was 'proud' of his mother for sharing her story
August 22, 2017 - 10:14 BST Gemma Strong Prince William proud of mother princess Diana for talking about bulimia battle. Royal appears in new documentary Wasting Away: The Truth About Anorexia
Prince William has spoken about his late mother's battle with bulimia in a new Channel 4 documentary focused on eating disorders. The father-of-two sat down with former ITN newsreader Mark Austin and his daughter Maddy, who was diagnosed with anorexia in December 2012, but has thankfully made a full recovery. Having welcomed Mark and Maddy into his Kensington Palace home, William told the pair that there's a need to "normalise the conversation about mental health", adding: "The fact you are speaking out is incredibly brave, but it should become very normal."
Prince William spoke to Mark Austin and his daughter Maddy in the Channel 4 documentary
Princess Diana first revealed she had suffered from bulimia in Andrew Morton's book Diana: Her True Story in 1992, and spoke about the disorder again in 1995 during her interview with Panorama. In the Channel 4 documentary, Maddy tells William, "I was really inspired by what your mum did", to which he replies: "We need to be matter-of-fact about it, and not hide it in the dark where it festers." Mark, meanwhile, asks the prince if he is proud of his mother for sharing her story with the public.
The Prince said he was proud of his mother for speaking publicly about her battle with bulimia
"Absolutely," William, 35, replies. "These things are illnesses and they need to be treated. Mental health needs to be taken as seriously as physical health." He later added: "I really hope George and Charlotte can grow up in a world where mental health is completely normalised and where we can all talk about it openly and honestly. We can talk about stuff and it is not a weakness and not to be ashamed of."
Wasting Away: The Truth About Anorexia will air on Channel 4 on Thursday 24 August.
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Duchess Kate glitters in Princess Diana's favourite tiara at The Queen's annual winter party


Croatia defeated England in Moscow's Luzhniki Stadiumby 2-1 in extra-time to reach their first-ever FIFA World Cup final.
Somehow, Mandzukic was fast enough to react to Ivan Perišic's header and shot pastJordan Pickford that send Croatia into their first-ever World Cup final.
Within few minutes, the referee blew his whistle and England got into the break with a lead as Trippier's free-kick made clear path for their country.
Soon after the second half, Croatia was trying hard since long to score one soon whileEngland were happy so sit back and defend.
To everyone's surprise, Perisic equalised the score with a wonderful header!


text:
Dirty Skittles and broken Butterfingers: How abstinence is taught in Texas schools
Local // Texas Politics
Raga Justin Sep. 25, 2019 Updated: Sep. 25, 2019 2:58 p.m.
Ludi Ortega teaches an eighth grade Worth the Wait sex education class at Zamora Middle School, Friday, April 4, 2008. The abstinence curriculum has been criticized by opponents as dissuading kids from having sex by focusing on contraceptive failure rates. Nicole Fruge/San Antonio Express News
Photo: NICOLE FRUGE, STAFF / SAN ANTONIO EXPRESS-NEWS
Crowded into a science classroom in her Texarkana middle school, Parker Ellyn Madlock and her seventh-grade classmates watched as their sex education teacher held up two Butterfinger candy bars.
Then the teacher unwrapped one and took a bite, asking the students which one they would pick if they were offered a choice between the two. None of her female classmates — boys were in a separate room— said they would eat the half-eaten candy bar, recalls Madlock, now 20.
"It felt like that was saying 'If you have sex now or anytime soon, no one's gonna want you," said Madlock, a sophomore at Ouachita Baptist University. "Wait until you're married, girls, or else."
Madlock's experience is nothing new. Texas sex education is required to stress abstinence above all else, with health standards that have remained untouched for more than 20 years. A major review by the State Board of Education, the ultimate authority on Texas public school curriculum, could change them next year — or not.
Advocacy groups have long documented examples of "fear and shame-based instruction" in Texas that they say lack unbiased information about contraception and sexually transmitted diseases.
Texas Take: Get political headlines from across the state sent directly to your inbox
They point to the state's high teen birth rate and a national study from 2008, which concluded that adolescents who received comprehensive sex education had a 50 percent lower risk of teen pregnancy than those who received abstinence-based education.
But Texas officials have already signaled a degree of reluctance to even add a few lessons on contraception to the curriculum, as some parents and educators worry that instruction on birth control will only propel students toward risky behavior.
At a conservative forum earlier this month, Stephanie Curry, a public policy manager with the religious organization Family Policy Alliance, said comprehensive sex education is linked to a liberal agenda.
"Comprehensive sex education is not education, it is indoctrination," Curry said. "It teaches our children that they are sexual beings from birth … It will teach them they can have sex with anyone, LGBT, whenever they want."
In the meantime, bitten-off Butterfingers aren't the only candy-based abstinence lesson in Texas public schools.
For subscribers: Rewrite of Texas sex education standards could include lessons on contraception
At Leander Independent School District just outside of Austin, Cailyn Stewart and her middle-school classmates were given Skittles and instructed to swap them with each other. After the candy made the rounds, passing from hand to hand, the teacher asked if anyone wanted to eat it.
When nobody did, the teacher told them this was how sex, and sexually-transmitted diseases, work.
"Would you eat that Skittle?" Stewart, now 20 and a student at the University of Texas at Austin, recalls her teacher asking. "No, it's dirty, it has germs on it, it wouldn't be sanitary. It kinda gave us the insinuation of the more people you have sex with, the dirtier you are."
At her high school in Leander, Cassie Heath, 22, remembers her teacher crumpling up an artificial flower while telling female students the flower represented their bodies before and after sex.
"They were borderline traumatic ideas about your body's worth, and even if you rejected it then, it's in your head now," said Heath, now a student at Texas State University. "For me, it created such a shame around having sex."
Birth control, and local control
With over 1,200 school districts in Texas, what students hear in their science classrooms and health seminars can vary wildly, even in the same school.
The discrepancies boil down to Texas policy. The Texas Essential Knowledge and Skills health standards don't require schools to teach sex education at all. If schools choose to, however, state law requires them to emphasize abstinence as the preferred behavior and devote more time to it than anything else. Information on contraception methods is not required.
With no state-mandated curriculum, districts wind up choosing from several popular programs offered by independent contractors or using state-approved health textbooks. Many of these offer the bare minimum of abstinence-based instruction.
Some include analogies that seem like springboards for the candy-based abstinence lessons. According to a 2012 report in the Journal of Health Education Teaching, the sex education curriculum WAIT Training tells teachers to stick a piece of clear tape on a student's arm, then pull it off and point out how the tape loses its stickiness each time it is reapplied to the skin.
Related: Are we really teaching sex education in Texas?
Jennifer Driver, a state policy director with the Sexuality Information and Education Council of the United States, said the effects of fear- and shame-based instruction can be dire. Texas has seen high rates of suicide and sexual assault, which can be attributed in part to "harmful" messages spread in schools, she said.
"It's baffling to me. It's not only scarring, it's shaming young people away from honest questions about their sexual and reproductive health," Driver said. "There's facts and evidence, and then there's ideology. I think nationally, we're failing our young people, but Texas also has a long way to go."
A 2017 Journal of Adolescent Health report scrutinizing abstinence-only programs across the U.S. concluded those programs largely "stigmatized" students who are not heterosexual and contributed to adolescent health problems including suicide and risk for HIV infection.
For years, troubled by high rates of teen pregnancy and sexually-transmitted disease, state health experts have called for changes that better reflect national standards of comprehensive sex education, including focus on contraceptive measures, gender identity and LGBTQ inclusion.
It seemed like Texas was taking some lessons from comprehensive sex education in June, when Commissioner of Education Mike Morath recommended that students learn "sexual risk reduction methods that may be needed later in their lives," presumably contraceptive measures.
Texas has consistently had one of the highest teen birth rates in the nation, coming in at No. 7 in 2017, according to data by the Center for Disease Control. And the number of Texas teens involved in "risky behaviors," such as unprotected sex, is greater than the national average, according to Morath's report.
State board-appointed content advisers drafted their own recommendations in August. The recommendations don't change the abstinence policy. But they do request instruction around contraception be modified — by telling students more directly about the risks and failures associated with birth control.
If any revisions are ultimately approved, it will be the first change since 1998. Final votes will take place in September of 2020 and approved curriculum will be rolled out by 2022.
Ken Mercer, a Republican state board member who represents part of Travis County, said candy-based abstinence lessons are not ideal. But he pledged to guard against what he sees as radicalization of the curriculum.
"We don't want Skittles or Butterfingers, maybe there needs to be more language, but we don't want a how-to manual," Mercer said in an interview. "Girls in Texas are not sluts, we don't need to tell them to have sex. But I want girls to have information, it gets back to that — I want kids to be informed."
Some teachers just avoid it
Donna Hunt, a veteran biology teacher in Bowie County, has taught sex education for at least a decade. Since the state doesn't require her to teach any particular curriculum, or really even address sex education at all, Hunt has developed her own methods. The candy bar analogy is one of them.
She says the lesson isn't meant to shame anyone — rather, it's intended to emphasize the idea of choice in a way 12-year-olds can understand.
"We never want to be inaccurate about biology," Hunt said. "The point was to disassociate children's bodies from the sex education, especially when we're talking about choosing to have sex."
Hunt is open about her faith-based approach to teaching the TEKS health standards and said she doesn't want "any radicalized community" coming in to revamp the curriculum. She says abstinence should always be the baseline.
"Now if you pull abstinence away, you're basically teaching them that when you have these impulses, it's OK to act on them as long as you're doing them safely," Hunt said. "But if you're going to act on this impulse, what other impulses are OK to act on? That's my concern."
Hunt said teachers need more concrete requirements for teaching sex education, and more detailed instruction on contraception.
Hunt has worked with science teachers who avoided sex education as much as possible. While she was having discussions with students and teaching the basics of using a condom, other teachers would have a few slides on abstinence and common STDs and discourage questions.
Lauren Carter, now a 20-year-old college student in Arkansas, had her sex education as a seventh-grader as well, down the hall from Madlock's classroom. She said her teacher offered few details, and virtually no discussion of contraception, its benefits or risks.
When Carter got pregnant three years later at 15, she said she didn't know how easily it could happen. She was unaware of what her symptoms meant for nearly six months.
"I didn't get any birth control, I didn't know how to go about doing anything," Carter said. "I was 15. I was blindsided. We were supposed to learn that stuff. When you really think about it, that sucks that I made life-altering decisions and school was supposed to educate us about that-and didn't."
Raga Justin
Follow Raga on:
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Raga Justin is an intern for the Houston Chronicle's Austin Bureau. She is a junior at the University of Texas at Austin studying journalism and Plan II honors, and previously reported for her college paper, The Daily Texan.
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1 STANDARD TERMS AND CONDITIONS FOR THE SALE AND/OR SUPPLY OF MARINE BUNKER FUELS, LUBRICANTS AND OTHER PRODUCTS DEFINITIONS (2015).
"Buyer" means the party requesting the Company to sell and supply the Fuels.
"Company" means Maritime Bunkering Limited.
"Fuels" means all types and grades of fuels, oils, lubricants and goods of whatever description.
"Conditions" means the terms and conditions of sale set out in this document and in the Company's Confirmation. In the event of any conflict between those Conditions and the Confirmation, the latter shall prevail.
"Confirmation" means the confirmation of stem message sent by the Company to the Buyer.
the physical supplier of the Fuels delivered to the Vessel where the Company has undertaken solely to sell the Fuels.
"Seller" means the Company where the Company is not the Supplier.
"Price" means the price quoted by the Company and contained in the Confirmation and is based on the prices ruling at the time of quotation. For the avoidance of doubt, where specified in the Confirmation, the Price will extend to any and all additional charges incurred by the Company and shall include but not be limited to wharfage, barging or other similar charges; mooring charges, port dues, duties, taxes, charges and other costs incurred in the country where the Stem takes place.
"Vessel" means the vessel, ship or craft duly nominated to receive the Fuels as specified in the Confirmation.
"Carrier" means Rix Shipping Company Limited and/or the owner of the bunker barge used to deliver the Fuels to the Vessel.
2.1 The Company has the option to either simply sell the Fuels to the Buyer and/or in addition to undertake the physical supply of the Fuels to the Vessel.
2.2 Where the Company undertakes the physical supply of the Fuels to the Vessel, it contracts as agent for and on behalf of the Carrier to effect delivery to the Vessel on the Carrier's usual terms, a copy of which appears at Appendix A of these Conditions.
2.3 These Conditions shall apply to all contracts for the sale and/or supply of Fuel by the Company to the Buyer and, subject to clause 2.2, to the exclusion of all other terms and conditions including any terms or conditions which the Buyer may purport to apply under any purchase order, confirmation of order or similar document.
2.4 All orders for Fuels shall be deemed to be an offer by the Buyer to purchase the Fuels pursuant to these Conditions.
2.5 Acceptance of the order by the Company contained in the Confirmation shall be deemed to be conclusive evidence of the Buyer's acceptance of these Conditions.
2.6 Any variation of these Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Company.
3.1.4 any variation in the rate of VAT which shall be charged in addition at the rate appropriate to the relevant tax point.
4.1 Delivery shall occur when the Fuels pass the Supplier's flange connected to the bunker manifold of the Vessel.
4.2 The Buyer shall be responsible for making all connections and disconnections to ensure that all hoses to the Vessel are properly connected.
4.3 Subject to 4.2, risk of loss of or damage to the Fuels, and responsibility for loss or damage caused by pollution or in any other manner passes to the Buyer when the Fuels are delivered.
4.4 Ownership of the Fuels remains with the Company until all sums due to the Company by the Buyer on the account whatsoever shall have been paid for. If the Fuels are added or mixed with other goods which are not the property of the Company before payment is made in accordance with clause 7 below, the property in the whole shall be and remain with the Company until payment is made as aforesaid and the Buyer shall hold the whole as bailee and trustee of the Company.
5.1 The quantities of Fuels delivered shall be conclusively determined by the official gauge or meter of the bunker barge or tanker effecting delivery; alternatively for deliveries ex-pipe the shore tank figures shall be conclusive; alternatively for deliveries ex-road tanker, the road tanker figures shall be conclusive.
5.2 The Company will not accept a claim for short delivery based solely upon the figures obtained by measuring the Fuels delivered in the Vessel's tanks.
5.3 The Buyer waives any quantity claim unless expressly noted in writing on the bunker delivery receipt at the time of the Stem.
6.1 Fuels are supplied on the faith and credit of the Vessel to which they are supplied as well as on the faith and credit of the Buyer. It is agreed, accepted and acknowledged that a lien over the Vessel is thus created for the Price of the Fuel supplied. The Buyer, if not the Owner of the Vessel, expressly warrants that the Buyer has the authority of the said Owner to pledge the Vessel's credit and to the creation of such a lien .
6.2 Further or in the alternative to 6.1, where the Company is the Seller and has paid the Supplier's invoice, that payment will act as an assignment of the Supplier's maritime or statutory lien, as appropriate, over the Vessel to the Company to the extent of the amount of the Supplier's invoice, and these Conditions shall be deemed to be due notice of such assignment.
6.3 The Buyer warrants that it has given notice of the provisions of this clause 6 to the Owner. The Buyer assumes sole responsibility for communicating these Conditions to the Owner of the Vessel prior to the day of delivery.
7.1 Terms of payment shall be as agreed between the Company and the Buyer as set out in the Confirmation. The following terms apply unless the Confirmation provides otherwise.
7.2 Payment of the Price will be made in US dollars, British pound or euro, whichever currency is stated in the Confirmation to the bank account specified in the invoice in full on or before the due date.
7.3 The Buyer may not withhold payment of any invoice or other amount due to the Company by reason of any right of set off or counterclaim which the Buyer may have or allege to have or for any reason whatsoever.
7.4 The due date is the agreed number of days from the date of Delivery as provided in the Confirmation or, in default, is the date of Delivery.
7.5 Time for payment is of the essence.
7.6 Late payment will attract a financial charge of 2% per calendar month on the outstanding sum calculated on a daily basis from the due date until receipt by the Company of sufficient cleared funds.
7.7 In addition, if the Price remains unpaid for more than 15 days after the due date, the Buyer will pay an additional administrative fee of 5% of the Price.
7.8 Payment will be made by telegraphic, telex, swift or rapid electronic transfer to the bank account specified in the invoice. All bank and other charges incurred in effecting remittance will be for the account of the Buyer. Advice of remittance should always be given to the Company.
7.9 The Company may in good faith vary, amend, withdraw, substitute or add to the terms relating to payment at any time in the course of the transaction in such a manner as it shall in its absolute discretion consider necessary to protect its interest. In particular, if the financial condition of the Buyer becomes, in the opinion of the Company, impaired or unsatisfactory then the Company may demand that payment be made at any time before the due date of payment whether before or after delivery of the Fuels or may demand the giving of such reasonable security as in its absolute discretion it may specify.
7.10.8 if the Buyer shall suffer any analogous proceedings under foreign law, all sums outstanding in respect of the Fuels shall become immediately payable.
7.10.9 In addition, the Company may, in its absolute discretion and without prejudice to any other rights which it may have, suspend all future Stems to the Buyer and/or terminate the agreement contained in these Conditions without liability on its part.
7.11 Full legal costs (on an indemnity basis) and other costs and expenses incurred by the Company including for the avoidance of doubt the legal and other costs and expenses incurred in exercising any lien due to any breach by the Buyer of any term of these Conditions shall be for the Buyer's account and shall form part of the Price due from the Buyer to the Company.
7.12 All payments received from the Buyer in respect of an invoice received after the due date shall be applied towards interest, legal and other costs and any administrative fee before being applied to the principal sum of any subsequent Stem.
8.1 Whilst the Buyer shall have sole responsibility for the selection of the appropriate Fuels for the Vessels, the Fuels to be supplied shall be, except where more precisely specified in the Confirmation, the Company's or Supplier's normal commercial grades offered generally to its customers for similar use at the time and place of delivery, details of which are available upon request. Should the Confirmation guarantee a particular specification, the analysis of any test result shall make due allowance for generally recognised standards of repeatability and reproducibility. No other warranties, express or implied, as to the satisfactory quality of the Fuels, as to their fitness for purpose or as to whether Fuels will correspond to the description in the Confirmation are given or form part of these Conditions.
8.2Where the sale and delivery of the Fuels is an international supply contract as defined by Section 26 of the Unfair Contract Terms Act 1977, the implied conditions as to title, freedom of encumbrance from undisclosed charges and the Buyer's right to quiet possession are all excluded.
9.1 The Buyer and/or their agent shall give the Company 72 and 48 hours approximate and 24 hours definite notice of the arrival of the Vessel at the port or other geographical location specified in the Confirmation where the Stem is to be effected.
9.2 Notwithstanding clause 9.1, any time for performance under these Conditions or for delivery given by the Company is an estimate only. Notwithstanding acceptance of the Buyer's order as evidenced by the Confirmation, the Company's obligation to supply Fuels shall be subject to availability of Fuels of the Supplier at the time and place of delivery. The Company shall not be liable for any damages, costs, claim, loss or demurrage or expenses whatsoever including consequential loss arising out of delay.
9.3 Subject always to clause 9.1, if the Vessel to be supplied is delayed in arriving or is likely to be so delayed, the Buyer shall promptly advise the Company. At the Buyer's request the Company will endeavour to supply a Vessel so delayed on terms originally agreed but the Company reserves the right to pass on to the Buyer all additional costs, consequent upon the delay, including any increase in the Price as defined in clause 3.
9.4 The Company shall not be liable for Vessel's demurrage or off charter hire or for any consequential or indirect loss arising out of any breach of contract, statutory duty or negligence by the Company. In the event of any such breach of these Conditions by the Company, the Buyer's remedy shall be limited to damages. Under no circumstances shall the liability of the Company exceed the Price of the Fuels supplied.
9.5 The Buyer will indemnify the Company against any claims or demands whatsoever, howsoever arising, by whomsoever made, in excess of the Company's liability under these Conditions.
10.1 If the Buyer at any time subsequent to the Confirmation cancels a supply of Fuels or if the Vessel fails to take delivery of part or all of the requested Fuels for whatever reason including circumstances outside of the Buyer's control then the Company, without prejudice to any other rights or remedies, shall be entitled to any cancellation fee imposed by the Supplier and to the difference between the Price and amount received by the Company upon resale to any third party and all costs and damages arising from any underlying physical or derivative paper contract which the Company has entered into in order to effect the supply.
10.2 In the event of delay caused by the failure of the Buyer to give notice as required by clause 8.1 the Company shall be entitled to compensation for that delay at the agreed rates per day or pro rata stated in the Confirmation.
10.3 Without prejudice to clause 9.5 the Buyer shall defend indemnify and hold harmless with regard to any liability, loss, claim, expense or damage the Company may suffer due to or in any way connected to the act omission or fault of the Buyer in connection with the sale supply and delivery of the Fuels.
11.1 Notwithstanding and without prejudice to clause 4.2 above, if a spill does occur while the Fuels are delivered or being delivered the Company shall take such action as it considers, in its absolute discretion, reasonably necessary to remove the spilled Fuels and to mitigate the effects of such a spill. The Company is authorised at its option on notice to the Buyer to take such measures and incur such expense, whether by employing its own resources or by contracting with others, as are reasonably necessary in the judgment of the Company to remove the spilled Fuels and to mitigate the effects of such a spill. The Buyer shall co-operate and render such assistance as is required by the Company in the course of such action.
11.2 The Buyer will indemnify the Company against any expense incurred, costs, liabilities, fines and penalties arising out of such a spill unless proven to be wholly caused by the Company's negligence.
The benefit of these Conditions shall not be assigned by the Buyer without the Company's consent. The Company may assign and shall give notice of this to the Buyer.
13.1 Unless the party with whom the Company is dealing specifically declares to the Company prior to despatch by the Company of the Confirmation that the party with whom the Company is dealing is not the Buyer and at the same time provides to the Company the full name and address of the Buyer then the party with whom this Company is dealing shall be deemed to be the Buyer.
13.2 Without prejudice to clause 13.1 above in the event that the party with whom the Company is dealing is an agent of the Buyer then the party with whom the Company is dealing shall be jointly and severally liable with the Buyer to perform all the Buyer's obligations under these Conditions notwithstanding that the party with whom the Company is dealing purports to contract as an agent only.
14.1 Short time limits are the norm within the bunker industry for the notification of claims. Such short time limits are demanded by Suppliers. Therefore, the time limits contained in this clause 14 will not be relaxed by the Company in any circumstances.
14.2 Written notice of any claim or potential claim must be given to the Company within the following specified time limits. Such notice should give sufficient details so that the Company can identify the relevant supply and investigate and pursue a claim itself and can only be made by way of an email to maritime@rix.co.uk. The Company will always acknowledge receipt of such a notice.
14.3.3 for all other claims and disputes, 28 days from the date of delivery.
14.4 Any claim not made and notified within the time limits contained in clause 14.3 above shall be deemed to be waived and absolutely barred.
14.5 Notwithstanding the provisions of clause 14.3 above the Company shall in any event be discharged of all liability whatsoever howsoever arising in respect of the Fuels delivered unless suit is brought and written notice thereof given to the Company within 9 months from the date the Fuels were delivered or should have been delivered to the Vessel.
15.1 If the Buyer makes a claim against the Company with respect to either quantity or quality of the Fuels supplied the Company will be entitled and the Buyer if Owner will permit ( and if not owner will procure permission for ) the Company to attend on board the Vessel to inspect the Vessel's records taking copies where necessary for its investigations. Failure to allow the Company access to the Vessel shall amount to waiver of the Buyer's claim.
15.2.1 for delivery by barge, on delivery to the Vessel a minimum of 3 representative samples will be taken at the barge manifold. All samples will be signed and sealed by an officer of the Vessel. One sample will be retained by the Vessel.
15.2.5 if the Buyer fails to make the joint appointment the Company shall be at liberty to solely appoint the laboratory and the Buyer will be bound by the findings of the laboratory without further reference.
15.3.1 subject always to clause 5 above, if there is a discrepancy the Vessel shall forthwith and in any event before leaving the port where delivery has taken place issue a letter or note of protest specifying the details of the problem. The letter or note of protest should be forwarded to the Company immediately or at the latest within 48 hours. If any such step required by this clause is not taken within the required time limits, any subsequent claim shall be deemed to be waived and absolutely barred and the Company shall be entitled to reject the claim in its entirety.
All headings are for ease of reference only and shall not affect the construction of these Conditions.
These Conditions constitute the entire agreement and supersede all prior oral or written agreements, representations and warranties.
Any provision of these Conditions which is or may be void or unenforceable shall to the extent of such invalidity or enforceability be deemed several and shall not affect the other provisions in these Conditions.
No waiver or forbearance by the Company (whether expressed or implied) in enforcing any of its rights under these Conditions shall prejudice its rights to do so in the future.
The Company shall not be liable for any failure to fulfil any obligation under these Conditions if fulfilment has been delayed, hindered or prevented by any circumstance whatsoever which is not within the immediate control of the Company including but without limiting the generality of the aforegoing, any strike, lock out or labour dispute or reasonable apprehension of such a dispute, any governmental order, request or restriction, any limitation restriction or interruption of existing or contemplated sources of supply of Fuels or the means of supply of Fuels.
The provisions of the Contracts (Rights of Third Parties) Act 1999 shall not apply to the supply of Fuels under these Conditions.
Any dispute under these Conditions shall be governed by English law and subject to the jurisdiction of the Mercantile Court or the Commercial Court of the High Court of Justice of England and Wales, except that the Company shall have the option to take any action or actions as it in its absolute discretion shall consider necessary to enforce its rights under these Conditions in any court or tribunal in any state or country including instigation of proceedings in rem against the Vessel.
1.1 "Barge " means the bunker barge named overleaf.
1.2 "Carrier" means the owner of the bunker barge named overleaf and/or Rix Shipping Company Limited of Witham House, Spyvee Street, Hull, HU8 7JR.
1.3 "Goods" means the products named overleaf.
2.1.1 Every contract for the carriage of the Goods shall be subject to the following responsibilities and liabilities.
2.2.4 properly and carefully load, carry and discharge the Goods.
2.3.6 act or omission of the owner, charterer, manager or operator of the Vessel his agent servant sub contractor or representative. In particular and without prejudice to the generality of the aforegoing, the Carrier shall be under no liability in respect of any failure to correctly make all connections and disconnections between the Vessel and the Barge .
2.3.7 seizure under legal process.
2.3.13 any other cause arising without actual fault or privity of the Carrier.
3.1 In no circumstances whatsoever shall the Carrier be liable for direct, indirect or consequential loss or damage caused by delay.
4.1 The Carrier's liability howsoever arising shall not exceed a) the value of the Goods lost or damaged or b) a sum at the rate of 3SDR's per kilogram of the gross weight of the Goods lost or damaged whichever shall be the lower.
5.1 The Carrier shall be discharged of all liability under this contract of carriage, howsoever arising, unless suit is brought and written notice given to the Carrier within 9 months from the date the Goods were delivered or should have been delivered.
6.1 The provisions of the Contracts (Rights of Third Parties) Act 1999 shall not apply to this contract of carriage.
7.1 This contract of carriage shall be governed by and construed in accordance with English law and any dispute arising out or in connection with it shall be referred to the Mercantile Court or the Commercial Court of the High Court of Justice of England and Wales.
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