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Flat Irons-Personal Narrative
One summer ago, I discovered the truth behind the old saying, "Forever doesn't last too long these days." I felt as if forever had been cut short like
the strands of life were by the Furies.
I remember it like it was yesterday I had just bought a new flat iron. We were walking through the outlet mall in Orlando, Florida. Lost and confused
by all the hustle and bustle of it, I tried to remain optimistic. I always try to steer clear of the booths in the middle of a mall as the salespeople are
incorrigibly relentless. Suddenly, I was seized by an Italian–speaking woman. Immediately, she hauled me to her booth, and I could not escape. For fear
of us leaving, she forcefully seated me. Consequently, my family was forced to follow and participate. ... Show more content on Helpwriting.net ...
Almost finished, I looked up to note my accomplishments. I was impressed. My thick, coarse hair was silky and had body. I couldn't wait to show
it off. Every time I needed my hair to look salon done, I used the Royale. It was my favorite until it became unreliable. I had yearbook pictures the
next day and was depending on Royale with my life. I absolutely could not go to school with my hair half afro, half straight. A ponytail simply
would not do. I started crying because the flat iron would not turn on. I tried everything I could imagine. I cursed the Italian saleswoman, and the
creators of the Royale for filling my innocent mind with lies about a better future. I was about to give up on life when I remembered I still had an old
flat iron. It may not have been new and improved, but it got the job done.
When I returned home from picture day, I immediately phoned the Royale company about the lifetime policy. I did not know where my mother
brought it from nor where her warranty paper was. The Representatives were not helpful and could not assure me a new flat iron. I was heartbroken.
After all the promises and guarantees of no hassle replacement, the company did not follow
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Extended Warranty Expirations
A manufacturer's warranty barely last a year on new vehicles. Extended warranties keep your car covered for a few more years after the
manufacturer's warranty expires. So much skepticism surrounds extended warranties, and we don't know what to believe. Here are five types of
stereotypes we place on warranties and how untrue it is.
The product breaks down after the warranty expires: We believe extended warranties are a waste of time because the product will function until the
warranty expires, then it breaks down. Can you explain those times where it breaks down before the warranty expires? Extended warranties are for
those moments, and it does occur often. Companies who do this rarely stay in business because perceptive customers will
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Workmanship Warranty
What Does The Workmanship Warranty Mean? Replacing your roof is an expensive venture. Several parties are involved in roof replacement:
manufacturers, roofing contractors and dumpsters, among others. The different parties offer warranties. Do you understand what that means? Let us
focus on the workmanship warranty. The workmanship warranty backs up your roofing contractor's work. This warranty, together with the
manufacturer's warranty, provides your roof with coverage if improper installation causes any damage or defects. The workmanship warranty is a
standard industry practice, although that was not always the case. Caveats... Show more content on Helpwriting.net ...
Experience, therefore, becomes a crucial factor when choosing roofing companies. The warranty is only valid for as long as the contractor who issued
it retains sole control over their service – roof repair, replacement, or installation. The roofing contractor that you choose to install a new roof on your
property should be competent and reputable. He should be able to complete the work in a professional and timely manner. If you, the homeowner, and
the roofing contractor had agreed on details like installation, timelines, and had them written down, it is possible to predict the outcome in the event of
a dispute. You need to have all the details concerning the services to be performed by the contractor and what you expect written down in a clear,
precise way. Do not leave room for assumptions and
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Examples Of Contingent Liability
contingent liability A potential liability dependent upon some future event occurring or not occurring. For example, a company is named as a
defendant in a $1 million lawsuit. Does that mean the company automatically has a liability of $1 million? What if the lawsuit has no merit and can
easily be defended? If it is probable that the company will lose and the amount can be estimated, a journal entry is prepared to debit Loss from
Lawsuit and to credit Lawsuit Payable. If it is possible but not probable that the company will lose, the journal entry is not made but instead there will
be a footnote disclosure. If the lawsuit is remote (a nuisance suit without any merit), there is no need for a journal entry and no need to disclose the...
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If the company is certain that no units will be returned as defective, the company will have no liability and no warranty expense.
Accountants will record a journal entry to report a liability on the balance sheet and a loss or expense on the income statement only if the loss
contingency is both probable and the amount can be estimated.
If a contingent liability is possible (but not probable), no journal entry is needed. However, the accountant must disclose the contingent liability and
loss in the notes to the financial statements.
If a contingent liability is remote, then the accountant will not report the liability and loss and will not disclose it.
Where is a contingent liability recorded?
A contingent liability that is both probable and the amount can be estimated is recorded as 1) an expense or loss on the income statement, and 2) a
liability on the balance sheet. As a result, a contingent liability is also referred to as a loss contingency. Warranties are cited as a contingent liability
that meets both of the required conditions (probable and the amount can be estimated). Warranties will be recorded at the time of a product's sale with
a debit to Warranty Expense and a credit to Warranty Liability.
A loss contingency which is possible but not probable, or the amount cannot be estimated, will not be recorded in the accounts. Rather, it will be
disclosed in the notes to the financial
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Cause And Effect Of Buying A Car
Cause and effects of buying a new car
Vehicles are a part of a person's everyday life these days. You see them everywhere, no matter if it's a big city, or a little country town. People use cars
to travel to all sorts of places, whether it is a school or work. We push our vehicles to the maximum so they seem to wear out really fast. It seems like
every five to six years you have to purchase a new one. People have so many causes to by a new car these days but owning a car also comes with a lot
of effects. New cars come with a lot of benefits like reliability and warranties. The biggest downfall with buying that brand–new car is the car payment
and that expensive car insurance. A new car might look good, and you might get more attention, but you pay for that attention. You must ask yourself is
the cost worth the award?
The biggest thing that come along with a car is the car payment. After purchasing a car and all the taxes with it you can be in a lot of debt. To pay for
the car you must take out a loan out from your bank for whatever you owe on the car. The bank makes money of the loan by interest. Interest is a
percentage a bank charges you to use their money. Depending on your credit score depends on how much interest the bank charges you. When you
take out a loan you pay every month towards it until you pay it off. When you first start paying your car loan off all the money goes to the interest
because the bank wants there money first and then after a few months or even
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Consumer Choice or Influential Factors in Purchasing Products
People purchase products and services for a variety of reasons, whether it is for their own personal wants and needs, for family and friends, or for
prestige. These consumers vary in age, income, education, and lifestyles. This report briefly discusses the influences involved in consumer purchases
and identifies the consumer process used in order to purchase a product or service.
Consumer decision making is "the process of making purchase decisions based on cognitive and emotional influences such as impulse, family, friends,
advertisers, role models, moods, and situations that influence a purchase." (Schiffman & Kanuk, 2007, p. G–3)
External Influences External influences provide information about a product or service and can ... Show more content on Helpwriting.net ...
Need Recognition Recognition of need usually occurs when a consumer is faced with a 'problem' or awareness of a need. In reviewing this week's
assignment, I considered my recent purchase of a 2011 Chevy HHR. Although the automobile purchase was a major decision in itself, I had to face the
dilemma of purchasing (or not) an extended warranty package offered by the dealership. (Schiffman & Kanuk, 2007, p. 532) According to an Internet
article by Chen, Kalra, & Sun (2009):
Warranties have since become ubiquitous at the checkout aisle, and extended service contracts have become a core product for retailers, generating
about US$15 billion in revenue annually. According to Business Week, in 2003 warranties accounted for more than half of Best Buy's profit and
almost 100 percent of Circuit City's. The dealership offered a Mechanical Protection Plan (MMP), Guaranteed Automobile Protection Plan (GAP),
On–Gard Theft Protection, and Premier Vehicle Coverage for new, pre
–owned and certified vehicles, with a total service contract of $2,990.00 above
the purchase price. There appears to be two different need or problem recognition styles for consumers, which includes the actual state types, wherein
the consumer perceives they have a problem when a product fails to perform satisfactorily, and the desired state types, "for whom the desire for
something new may trigger the decision process." As I was purchasing a new vehicle and very concerned
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Coconut Telegraph
James Huang
Professor Kunkel
November 9, 2014
Individual Case Study
1. Yes, the agreement on February 1, 2012 is within the scope of ASC 985–605. Example 9 in section 985–605, 55–180 is similar to the case.
According to 985–605, 55–182, the revenue for PCS would be "deferred and recognized in income over the one–year post–contract customer support
service period" assuming the "lack of vendor–specific objective evidence of the fair value of the delivered software element." In reference to the
example, the PCS should be accounted monthly over the 12–month period. There is no "vendor–specific objective" because the product and the service
are not sold separately.
2. The items should be accounted separately. In example 4, section 605–10, ... Show more content on Helpwriting.net ...
The contract from February 1, 2012 and May 1, 2012 should be accounted together. According to ASC 985–605–55–4, "any of the following factors
may indicate that a group of contracts should be accounted for as a single multiple–element arrangement: a. The contracts or agreements are negotiated
or executed within a short timeframe of each other. B. The different elements are closely interrelated or interdependent in terms of design, technology,
or function." It is evident that the second contract is an extension of the first contract. It satisfies the first factor in which the training of the system is
given within the same timeframe of the first year of PCS. It satisfies the second condition also. Without the first contract, the second contract would not
exist. The second contract provides training based on the Volcano System
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Advantage Of Elliptical Machines
BEST ELLIPTICALS UNDER $1000 Elliptical machines have successfully made its way into several homes recently and this is due to its price
flexibility and its much important use. Due to this day's busy lifestyle, everyone has lots of responsibilities and hence there is no free time.
On the other hand, it is important to get fit. Elliptical trainers eliminate the need to run and have got a lot more of benefits associated with it. It also
doesn't affect an individual suffering from knee injuries or lower body parts. Elliptical trainer offers a great amount of cardio and full body workout
routine only from your home comfort and this will save more time especially for busy individuals. Moreover, spending one hour on the Elliptical
trainer is equivalent to losing around 200 calories.
Over the years, the elliptical machine has received a much obvious advancement so much that you can find a better one for under $1000 with the right
balance of performance of affordability and technology.
Basic or entry level Elliptical trainers offers low cost but also fewer features. Depending on the brand, majority of basic trainers opt in for under $1000.
Also depending on brand, you can still see a basic ... Show more content on Helpwriting.net ...
This fitness machine is one of their most affordable performance machines offering an amazing variety of full body training exercise. Its body frame
is robustly capable of taking everyday workouts. Nautilus has a double center frame which renders an added strength to the full body structure. It is
made up of two integrated levelers which ensure a proper set of the device even in an uneven surface. To further its stability features, the oversized
crossbar tubing offers more usefulness. The availability of the transport wheel has made it available to transport the device from one location to
another. With a maximum weight capacity of 300 LBs, this fitness machine does an excellent job in the performance
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Purchasing A Large Order Of Widgets From Machine, Inc.
This agreement made and entered into this date October 23, 2015, by and between Machines, Inc. of Austin, Texas, and Widgets, Inc. of Detroit. It
was designed for both parties to understand terms and condition of their trading. This sale contract was developed by Uniform Commercial Code,
which is government rules regarding businesses or companies. According to Raina article, "the terms and conditions in import contracts outline the
rights and obligations of the importer and the foreign supplier in carrying out the transaction (1990, sec.1). This contract regards for the purchase of
the goods described below: Term This contract shall begin on October 23, 2015, and end upon the last delivery for the quantity specified in this
agreement, unless the Machine and Widgets, Inc. agree otherwise. This agreement describes Widgets, Inc. purchasing a large order of widgets from
Machine, Inc. If the seller does not follow the dated procedure, Seller might then wipe out this contract and sue for harms, including lost benefits,
balancing the store there against, and further recoup its expense of suit including lawyer charges. CompanyQty.DescriptionPriceTotal Machine,
Inc.2000Widget$100 per$200,000 Shipment Arrangement The buyer shall be notified by the seller regarding the shipment arrangement 7 days before
advances, such as the trucking company. Seller shall arrange a delivery that would make sure it on time and in appropriate material or box. The seller
will choose a
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Essay on Case Study
IN THE UNITED STATES COURT OF APPEALS FOR THE
TENTH CIRCUIT
Case No. 81–1505
Transamerica Oil Corporation, Plaintiff–Appellee,
v.
Lynes, Inc. and Baker International Corporation, Defendants–Appellants.
723F.2d 758; 1983 U.S. App. LEXIS 14288; 37 U.C.C. Rep. Serv. (Callaghan) 1076
–––––––––––––––––––––––––––––––––––––––––––––––––
December 21, 1983
PROCEDURAL POSTURE
Plaintiff brought suit under the Kansas Uniform Commercial Code (UCC) to recover damages resulting from the breach of an express warranty by the
defendant. Ajury in the United States District Court for the District of Kansas found in favor of the plaintiff. The defendant appealed the decision.
SUMMARY OF KEY FACTS
1. Plaintiff filed suit in the United ... Show more content on Helpwriting.net ...
However, actions pursuant to the UCC В§ 84–3–725 for breach of any contract for sale must be commenced within four years. If the court of applies
common law the plaintiffs' claim is barred. If the court applies the UCC the plaintiffs' claim is timely. The defendant's case–in–point relied on Miller v.
Williams. This case, however, applied to rental of equipment rather than the sale of equipment. Since this case involves the sale of goods, §§
84–2–102, 84–2–105, and 84–2–106 of the UCC apply in addition to the four–year statues of limitations.
2. Plaintiff filed suit against the defendant for breach of an express warranty under Kansas law.
K.S.A. В§ 84–2–313 states any affirmation of fact or promise made by the seller to the buyer which relates to the goods and becomes part of the
basis of the bargain creates an express warranty that the goods shall conform to the affirmation or promise. However, the defendant claims the
advertising and oral conversations with the plaintiff were merely opinions of the seller therefore no express warranty was created. Defendant used
Topeka Mill & Elevator Co. v. Triplett as case–in–point. Plaintiff objected using Boehm v. Fox to illustrate that the statement made by Mr.
Spencer, district manager, assuring him that the devises were applicable for permanent use was sufficient in creating an express warranty. Moreover,
the plaintiff used Scheuler v. Aamco Transmission to convey, under Kansas law, that
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Assessing Customer Experiences with Customer Service at My...
Introduction
A recent visit to the service department of the local auto dealership I purchased a car from two years ago forms the foundation of this analysis. As
auto dealerships rely on service departments for the majority of their revenue I thought the experience would be a mix of pure efficiency and
relationship building. Previous experiences with this dealership have shown them to be not as trustworthy as I had hoped they would be as well. One
of the most critical aspects of transitioning customers from being treated as members of a transaction to actually being fans is trust (Gronroos, 1994).
Trust is such a critical catalyst to make a customer experience successful that technologies need to better measure and evaluate this ... Show more
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He nodded and didn't say another word. I asked him for the cost to look at it and he said there would be no charge. I got the sense that even though the
car was under warranty the dealership wanted to still make money on this repair. That troubled me. I gave the technician the keys and he took the
car into the repair bays, as I went inside to talk to the service manager and ask them what the policy was on warranty repairs. He told me they were all
covered and would take care of it. I asked him if technicians were on commission for how many repairs they sold and he just laughed and walked away.
To this point in the interaction it was clear the dealership looked at me as more of just another transaction to be completed during their day. There was
no specific focus on how to take the transaction and transform it into more of a conversation or relationship (Gronroos, 1994). The entire culture of the
dealership seemed to resonate with a transaction mindset, as sales people in the coffee room asked if I wanted to see the new models in the showroom
"on sale" this weekend (Harris & Ogbonna, 1999). One of the sales people had sold me the car that was in for repairs and he started the conversation
with the requisite "so how is your 2009 Camry running?" and then directly into the sales pitch.
I reminded him that I had shopped online, was able to get a much better deal through the Toyota website and successfully drove
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Warranty Memo
Renewal by Andersen of New Jersey & New York Metro replacement windows come with our exclusive 20/2/10 warranty that gives you peace of
mind your windows will perform as represented for as long as you live in your home. But, what does that really mean? Warranty claims can be
confusing and misleading for some consumers. Does a lifetime warranty mean you're cover for your life time? Until the home collapses? Until the
window "shouldn't" be expected to maintain structural integrity and beauty? Consumers have a right to understand what replacement window dealers
are offering before they invest in new windows for their home. Here are a few things to look for as you consider companies and warranty packages.
All Promises, No Solutions Sadly, some replacement window companies have warranty plans that seem to be intentionally worded to create
ambivalence. Let's face it, even though there are exceptionally manufactured replacement windows and patio doors that truly will last for decades,
there are cheap imitations that come with a very limited coverage term and vague, hard to interpret rules if you ever need support or assistance with
an issue. And, even with a superb warranty, defects occasionally cause a problem. Plus, improper installation may void certain parts of your warranty.
So, whenever possible, consumers should choose a local company with a solid reputation for only promising things they can delivery on, and then
delivering with a smile when something comes up.... Show more content on Helpwriting.net ...
Take time to read the full warranty. (Tip: If a company won't let you read the warranty before you sign a contract, it ought to send up a red flag.
You must feel confident, the representative is giving you an accurate description of services and defects covered. A great window provider wants
you to be happy with your purchase for as long as you live in your home, and research shows a happy customer is more likely to become a repeat
customer and refer their friends and
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Lawsuit for Wrongful Death, Negligence and Breach of Warranty
Facts
The plaintiff Michael Aloe, widower of Robin Aleo, brought a suit individually and on behalf of his wife's estate in Massachusetts/ U.S. First Circuit,
against SLB Toys, Amazon.com Inc., Toys "R" Us, and Amazon.com Kids, Inc., after his wife dies from injuries sustained when an inflatable pool
slide collapsed while she was sliding down. The decedent was attempting to slide down head first in an inflatable, in–ground swimming pool slide
imported and sold by Toys R Us. The pool slide collapsed and caused her to strike her head on the concrete deck of the pool. The decedent fractured
two cervical vertebrae and suffered a severed spinal cord. She died the following day after she was removed from life support.
In 2005, Toys R Us started... Show more content on Helpwriting.net ...
A consumer should be able to assume that when they follow the instructions properly, a slide pool should remain inflated when they use it, without
causing any unreasonable danger or harm.
Secondly, Aloe can allege fornegligence which lead to the wrongful death of his wife because Toys R Us did not follow the required testing
procedures for compliance with Federal Safety Standard. In addition, Toys R Us are negligent for having only one employee in their safety assurance
department who received approximately 4,000 certificates of this kind per month.
Furthermore, Aloe could also make a strong argument by imposing strict liability in tort on Toys R Us for personal injuries that result from selling a
defective product with design defect that is unreasonably dangerous to the consumer without proper testing and compliance with Federal safety
standard for such products. Aloe could also appeal for both compensatory and punitive damages for the loss which could be economic (such as lost
income, medical expense) or non economic (such as pain and suffering and loss of consortium, meaning the loss of someone's active presence and
enjoyment in their life).
Discussion from plaintiff's side
Aloe could argue that the cause of death of his wife is due to the defective and unreasonably dangerous product that Toys R Us knowingly sold in the
market. The regulation
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Case Case Study : Rite Aid Corporation V. Ellen R. Levy Gray
Mariah Alvarado–Gonzales (Group 10)
Bus 80
5 November 2014
Case Brief
Case Name: Rite Aid Corporation v. Ellen R. Levy–Gray, 162 Md. App. 673, 876 A.2d 115, 2005 Md. App. LEXIS 64 (2005)
Facts: On October 25, 2000, the plaintiff, Ellen Levy–Gray visited the head of Infectious Diseases at Mercy Medical Center, Dr. Ronald Geckler, who
diagnosed her with Lyme disease. In response to this, he then gave her a prescription for doxycycline. Because Ms. Levy–Gray was concurrently
breastfeeding her baby son, Dr. Geckler ordered her to discontinue breastfeeding until the end of her treatment, but did not provide her with any further
instructions on how to take the medication. The prescription that Ms. Levy–Gray obtained through the defendant, Rite Aid, came packaged with a
patient package insert entitled "Rite Advice." The pamphlet enclosed instructions on how to take the drugs including its suggestion to consume food
or milk with the daily dose if an upset stomach occurs. The "How to take this medication" section of the pamphlet explicitly stated, "Take with food or
milk if stomach upset occurs unless your doctor directs you otherwise." On October 26, 2000, Ms. Levy–Gray consumed her first dose of the
prescription solely with water. The following day, she began to consume milk with the drug because she experienced an upset stomach. She continued
to digest large quantities of dairy products including eight to ten glasses of milk daily in order to maintain her breast milk so that she
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Asymmetric Information And Market Outcomes
BUS530 Managerial Economics
Module 4
CASE– Asymmetric Information and Market Outcomes
Trident University International
Dr. John Gaze
Antoinette Gibson
January 28, 2015
Car Market
The car market is at the forefront of many homes within the society today. At some point in everyone's life they have to purchase a car or someone
close to them makes that big purchase in their life. Throughout this paper I am going to discuss a few things when we talk about car markets. First I
am going share whether or not I believe the car market has an asymmetrical information problem. Then I will share what the markets response to
adverse selection. Next, I will highlight the car market's response to moral hazard. When we think as a "market signal", I will be considering whether or
not education can help companies make better economic decisions when asymmetric information exist. Finally I would share what I believe the market
response would be if there was perfect information.
Market response to asymmetric information
In many markets, asymmetric information is a problem, such as the insurance markets, credit markets and even the car markets. This is simply where
one person in the exchange knows significantly more than the other (Lillo 2013). I believe in the car market, there is definitely a asymmetric
information problem. I think it may be a more common issue when we talk about some of the smaller car lots or used car lots. Often times individuals
go to those lots thinking they are
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Blood Money
Hitman: Blood Money
LICENCE AGREEMENT AND LIMITED WARRANTY
IMPORTANT– Please read this Licence Agreement carefully.
This End–User Licence Agreement ("EULA") is a legal agreement between you and Eidos Interactive Limited ("Eidos" or "we") for the computer game
software stated above, which includes computer software and associated media, materials and other documentation together with any updates to the
original game software which is provided to you or which you may download from any website or other service authorised by Eidos in order to access
and/or use any on–line features and functionality which may be associated with such game ("Software Product").
Copyright and other intellectual property laws and treaties protect this ... Show more content on Helpwriting.net ...
These services may, however, require payment of additional fees and access to and use of such services and other goods or information made
available as part of such services may be subject to completion of a registration process and acceptance of additional terms and conditions.
Importantly, not all purchasers of the Software Product will be able to register or benefit from such services (including Online Features associated
with the Software Product). These services may not be available in your country or for any period of time and may, for example, be subject to age
restrictions.
4. Termination
Without prejudice to any other rights, Eidos may terminate this EULA immediately without notice if you fail to comply with the terms and conditions
of this EULA. In the event of termination, you must destroy all copies of the Software Product and all of its component parts including any Software
Product stored on the hard disk of any computer. All provisions of this EULA relating to disclaimers of warranties, limitations of liability, remedies, or
damages, and Eidos' proprietary rights shall survive termination.
5. Ownership
You only own the media on which the Software Product is recorded. Eidos and/or its licensors shall at all times retain ownership of the
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Asymmetric Analysis : Asymmetric Information Problem
In today's world, society has an abundance of options to choose from; whether it is the type of soda they drink, brand of clothing, or type of car.
Even within a certain product, there are so many choices; for example, purchasing a car. Customers have the option to choose what type of car, the
size, color, year, and brand. When it comes to major purchases, such as car buying, most consumers try to do as much research as possible before
making a decision. And just like there are many characteristics of a certain product, there is a substantial amount of available resources to help make
those kinds of decisions.
Asymmetric Information Problem However, what if a company did not release all of the information of a product and knew something ... Show more
content on Helpwriting.net ...
What those advertisements usually do not say are the negatives that come with the car. While companies may brag about how fast and powerful this
new sports car is, it won't mention its inefficiency in gas or the cost of insurance. Luckily, consumers do not have to rely solely on advertisements and
can help bridge the gap within the asymmetric information problem.
Market's Response The car market's response to asymmetric information is doing their research. While the car ads may not show how many miles a
car can go per gallon of gasoline, a quick search on the internet can produce those results. There are many businesses dedicated for the sole purpose
of reviewing and comparing products. Even before the internet, car buyers were able to talk to friends and neighbors and get recommendations from
owners of a car they were interested in. There are many consumers that remain loyal to a certain company, that they feel is reputable, due to past their
experiences with that company (Notte, 2014). The government has even step in to create laws against fraud from automakers and car dealerships.
Commonly referred to as "Lemon Laws", these regulations set out to "protect the rights of consumers everywhere regarding automobiles, trucks,
motorcycles, RVs, boats, and other products, that continue to have significantly impairing malfunctions after multiple attempts to repair the problem"
(What is
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Company Analysis : Best Buy Co.
The overall health of companies long–term is determined by the strategies and the goals for future growth in marketing. One of the best ways a
company can analysis its sustainability is by understanding its strength, weakness, opportunities and threats (SWOT). Best Buy Co., Inc. the largest
consumer electronics retailer is known to be the leading provider of technology products, services and solutions with 1,400 stores and is located in
Canada, Mexico and the United States. (Best Buy, 2016)
STRENGTHS
Brick and Mortar Retailer
Brand Loyalty in price and services
Customer and technical support (Geek Squad)
Specialized electronic retailers such as Apple
Strong infrastructure
Discounts, rewards, and warranty plan for purchasesWEAKNESSES
Sales Growth
Mid–range profit market despite
Management of inventory
Senior Management staff turnover
OPPORTUNITIES
E–commerce rising popularity that is increasing
Electronics more prevalent in consumers today
Exclusive brand technology
Absents of mobile technology rate
Holiday sales to increase customer interest
Improved technology
New smartphone on the market yearly
Less competitors
Growth internationally in other countries
LawsTHREATS
Competitive pricing and sources
Competitors such as Amazon that under cut prices online
Labor Wage rising due to political changes
Competitors price matching
Direct sales to consumers from the manufacturer
Competitors expanding their online
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Best Buy Case Study Essay
1.What can any retailer learn from this case?
According to this case, and concerning about the strategy that Best Buy has created, retailers can similarly create a retailer–led product strategy to
leverage their customer knowledge for product differentiation and to understand what the needs of the customers are; they must discover what satisfies
the customer and what not. In addition, the retailer can seek for news partnerships, new stores, new countries and new categories and services in order
to increase their net sales and their share market. It's very important invest in marketing study aiming to discover what the other companies are doing.
Besides, with the time, the smaller retailer can increase significantly even more than the ... Show more content on Helpwriting.net ...
They should also carefully evaluate categories and brands and stock only the best performing products. This would allow them to reduce store size,
while at the same time retain its experience and presence in multiple categories.
5.Assess Best Buy's global strategy.
Best Buy is a company that is a financially strong and profitable, that has generated a good few billion in cash flows from operating activities as is
shown in its financial statements. They also delivered positive operating income through their trajectory. They grew total market share in the third
quarter according to the most recent public data available. They have closed down certain operations that were not profitable (according to recent
reports), which they expect to have a positive impact on their earnings going forward. And they are focusing the company on areas where they see the
greatest opportunities for growth and profit: mobile devices and connection plans; enhanced digital and e–commerce strategies; growth in their services
business; and expansion of their established business in China.
Furthermore, they offer to the customer the experience to buy in a physical store, compared with Amazon that is one of the strongest competitor,
there's no doubt that the internet, and the mobile web in particular, have changed the way people shop, but there is strong evidence that consumers
continue to value the experience of
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Car Warranty
If your car had a warranty when you purchased it, it probably gave you some peace of mind. The warranty might have even helped encourage you to
purchase the car that you chose. Therefore, the last thing that you probably want is to find out that your warranty is not valid later on when you need
it. For example, some people end up voiding their car warranties without even realizing it. These are a few tips that can help you avoid issues with
your car's warranty, however.
1. Keep Up With Your Car's Maintenance Schedule
For one thing, your car should have a manufacturer–specific car maintenance schedule that lists when you are supposed to have certain maintenance
tasks done, such as changing the oil or flushing out the fluids and replacing them. Some ... Show more content on Helpwriting.net ...
This might be required by your warranty. Plus, someone who has experience in working with your type of car can be more likely to be competent and
to do a great job with the maintenance and repairs of your vehicle.
3. Make Sure You Use OEM Parts
Another thing that you might be required to do in order to maintain your car's warranty is to replace any parts that are faulty with original equipment
manufacturer (OEM) parts. Even though you might sometimes be able to save some money by choosing aftermarket parts instead of OEM parts,
you'll probably find that it's not worth the potential cost savings when it could put you in jeopardy of voiding your car's warranty.
Luckily, in most cases, it's not too difficult to maintain your car's warranty. If you follow these tips, you shouldn't have anything to worry about. Of
course, different car warranties do vary, so if you have any specific questions about your vehicle, it's a good idea to check your warranty information
or to contact your dealer or a certified mechanic who has experience in working on cars of your make and
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The Woes of Extended Warranties Essay
The Woes of Extended Warranties
An extended warranty may be purchased at the time you buy your electronic device or appliance; it may also be possible to purchase one much
further along in your ownership experience. If you're the type who likes to be prepared for all eventualities, an extended warranty may be just what
you're looking for. Bearing in mind the ever–increasing cost of electronics repairs, these contracts can make a lot of sense.
The purpose of this paper is to delve into consumers' viewpoints on extended warranties. The topic will be further analyzed by studying the extended
warranties offered by Future Shop and RadioShack. Then, a few consumer interviews will be presented ... Show more content on Helpwriting.net ...
Background Information on RadioShack
Radio shack on the other hand was established in 1919 in Fort Worth, Texas. Two brothers, Theodore and Milton Deutschmann, opened the first retail
store in the heart of downtown Boston. RadioShack has formed strategic alliances with some of the best known and most trusted brands in the
consumer electronics and computer industries – including Compaq, RCA, Sprint and Verizon Wireless. They have positioned themselves for consistent
and sustained growth. In just over five years, RadioShack has essentially "reinvented" itself into an innovative company that is, with each passing year,
moving further from a traditional retailer to a leading–edge growth company.
Benefits of Purchasing Extended Warranties
1) Offer peace of mind
2) Allow repairs to be made when one needs them.
3) Most include a replacement good if there are no available parts for repair in shop.
4) Protect against the rising cost of repairs.
5) Added resale value– most is transferable.
1) Allows repairs to be made in accordance with level of coverage.
2) Ensures consumer goods are always in best possible mechanical condition.
Major Drawback of Purchasing
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Differentiating Customers : Some Customers Are Worth More...
Chapter Overview: "Differentiating Customers: Some Customers Are Worth More than Others" This chapter discusses the value of a customer. It
indicates that customers have different and distinctive actual values, potential values, which lead to their lifetime values. It is important that a company
understand first, and foremost that the only reason that they are able to make a profit is because of their customer base. However, it is also important to
realize the cost to serve a customer and to know how much value they bring to your business and if in fact they cost the company more to serve them
then they spend.
Companies are increasingly trying to enter and foster learning relationships with customers. Building these intimate relationships with customers helps
a business learn many things. They learn about their reputations and how well they are meeting market demands, and how satisfied customers are with
their treatment. Beyond this, by building a personal relationship with a customer, they begin to find out how much value that customer will bring to
them over their lifetime. They also learn how to develop potential of those that are not bringing enough value to the company. Possibly, there is a way
that the business can interact with that consumer to help change the financial path they are following.
One controversial topic regarding knowing a customer's actual net value is when that value is below zero. More and more companies are working to
help those
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Uniform Commercial Code Essay
A new law will probably be introduced into state legislatures which will govern all contracts for the development, sale, licensing, and support of
computer software. This law, which has been in development for about ten years, will be an amendment to the Uniform Commercial Code. The
amendment is called Article 2B (Law of Licensing) and is loosely based on UCC Article 2 (Law of Sales), which governs sales of goods in all 50
states. A joint committee of the National Conference of Commissioners on Uniform State Laws (NCCUSL) and the American Law Institute is drafting
the changes to the UCC. The UCC was drafted in the 1950's and currently governs the sales of goods but not products like software, which are
licensed, not sold. Basically, when... Show more content on Helpwriting.net ...
The Mass–Market License is a standard–form, non–negotiable, license. Companies use standard–form contracts instead of trying to negotiate a
separate contract for each buyer, or licensee. The lengthy legal forms that most don't read when installing software are shrink–wrap licenses. These
mass–market licenses restrict rights of users. Licenses involve restrictions on the use of intellectual property. They can have nondisclosure provisions,
restrictions on how the product is used and who can use it, and restrictions on transfer of the licensed product. Software companies solely benefit from
this where they can not only dictate the terms of the agreement, but they can also avoid consumer defect and privacy protections laws that apply to a
sale of goods. An example of a typical shrink–wrap license on–line is as follows: Attention, Please Read: Installing this software constitutes your
acceptance of the terms and conditions of the license agreement. Other rules and regulations of installing this software are: 1. The product cannot be
rented, loaned or leased. 2. The customer shall not disclose the results of any benchmark test to any third party without Network Associates' prior
written approval. 3. The customer will not publish reviews of the product without prior written consent from Network Associates. By loading any
software, you may be inadvertently entering into a contract.
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Platinum Box Case Report Essay examples
Executive Summary
Memorandum
From: Jared John Hicza
Procurement Manager
To: Jim Hicza
Re: Selection of Supplier for Presses
My recommendation is to go in for a single source and choose the supplier that we have confidently have had a relationship with, without a problem,
for over a decade now.
Major of Action plan:
Choose JabaKing as the supplier of choice.
Get an investment loan from Labour Central Credit Union @ 5.25% for next 10 years.
Visit an operational facility using JabaKing's presses.
Procure presses from JabaKing with appropriate people assigned duties and with proper checks in place.
Commission the presses with assistance from Jabaking.
Evaluate maintenance for the first three warranty years and then ... Show more content on Helpwriting.net ...
That apart, even though the presses will be covered under a three year warranty, in case there is damage to even one piece of equipment during
transportation, it will mean that our growth and expansion project will have to suffer a major setback and we will have to face major delays.
Some positives for this supplier are that it will help us in commissioning and in case of any major breakdown, Merakuri promises us next day service,
as the company has a distributor located in Regina. This in itself increases our confidence, as we know that Merakuri is a big enough fish to have its
distributor in Canada.
The rookie, Pnutype – A total novice in the market, this company utilizes state of art technology. The technology is so good that it produces excellent
results. If Pnutype presses are acquired, it will give our company an edge over our competitors.
There are a few drawbacks to Pnutype and its presses. This company has been making presses for only two and a half years. Among all of the
prospective suppliers for the new presses, Pnutype has no proximal presence. Its closest presence is in the United States. Considering our top
management being high level of cost consciousness, Pnutype presses are, by far, the most expensive option.
It, however, has the reputation of its presses requiring zero maintenance. One company that uses Pnutype presses provided this feedback.
See Appendix 1 for the weighted evaluation matrix.
Alternatives and / or
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Questions On Accounting And Auditing Issues
Introduction:
After visiting the company, we found some accounting and auditing issues that come to our attention. So we prepared a memo for Mr. Kovacs as a
result of our visit to make him be aware of these potential problems.
Accounting issues:
The owners of the company believe that WHCL will be poised to be a major player in the Canadian and the US heating and cooling markets in three
years. However, after collecting information and auditing all the financial statement, we found that there is numerous issues need to be concerned for
WHCL in recent years.
1. Covenants:
We can notice that in the early fiscal 2000, WHCL increased its debt significantly, and the company had attached several covenants specifying that
debt–to–equity ratio ... Show more content on Helpwriting.net ...
But this would certainly increase the audit risk. If the company has violated the covenants, the auditor should disclose that in the financial statement.
Exhibit 1 Current RatioDebt–To–Equity Ratio
19991347/895=1.505 1420/1257=1.12
20001446/1149=1.251974/1007=1.96
2. Warranty (Estimated Expense):
In 1994, WHCL introduced a new model of gas furnace and these products are sold with ten–year warranties on parts and labor. Although this
marketing strategy can attract more customers to buy their product, the increased long–term warranty claims will increase company's warranty
expense, and lower their future profit.
The most serious accounting problem for WHCL is the warranty potential liability. The increasing liability concern is because WHCL sold a new
model of gas furnace with 10–year warranties in 1994. So we need to consider how much repair costs should be reported in the 2000 financial
statements. As we know, cost of repairing each furnace was $150, and there are 30 claims were made. So we need to record 30 x $150=$4500 in
warranty expenses in 2000 financial statement. Another problem for us is the information we currently collect cannot let us make an accurate estimate.
Apparently, WHCL don 't want to record too much costs in current period, but the fact is they require a large amount of accrual. If the estimate is low,
then the costs we
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Uniform Commercial Code 2b the
A new law will probably be introduced into state legislatures which will govern all contracts for the development, sale, licensing, and support of
computer software. This law, which has been in development for about ten years, will be an amendment to the Uniform Commercial Code. The
amendment is called Article 2B (Law of Licensing) and is loosely based on UCC Article 2 (Law of Sales), which governs sales of goods in all 50
states. A joint committee of the National Conference of Commissioners on Uniform State Laws (NCCUSL) and the American Law Institute is drafting
the changes to the UCC. The UCC was drafted in the 1950’s and currently governs the sales of goods but not products like software, which are
licensed, not sold.... Show more content on Helpwriting.net ...
Article 2B says that the publisher doesn’t have to show software customers the terms until after the sale, when it’s too late to do
comparison shopping. By then, the consumer has already started installing the software. The customer is deemed to have accepted the terms of the
contract if he/she uses the product instead of returning it. All of the terms of the agreement are now fully enforceable as if the consumer had
reviewed, discussed, and signed a paper contract before the sale. Many of the shrink–wrap software licenses say that once you break the seal and use
the software, you’re releasing the vendor from all warranties. Basically, the software has been sold “as is” and you’ve
given up your legal recourse if it doesn’t perform as claimed, damages your computer, or has bugs that lead to errors. Under the
Magnuson–Moss Warranty Improvement Act customers are entitled to see the warranty of any goods sold for $15 or more. It is not unreasonable to
assume that software purchased for home usage would be covered by the Act. But software customers rarely get to see the warranties provided with
software until after the sale. Article 2B characterizes mass–market software sales as licenses, which may not be covered by the Magnuson–Moss Act.
Products normally come with an implied warranty of merchantability, which states that the product will be fit for ordinary use, it will
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Sample of Documents: Letter of Appointment
Sample of Documents: Letter of Appointment
Date :
Our Ref. : LETTER OF APPOINTMENT
(TO WHOM IT MAY CONCERN)
We hereby certify (Name of Company), a company incorporated in the Republic of Singapore having its principal place of business at (Singapore
Address of Company), (Postal Code) is pleased to confirm the appointment of:
(Name of Indonesian Company) (Company / Office Address)
As our Agent / Distributor (exclusive or non–exclusive) for the Territory of the Republic of Indonesia for the following e.g. Oil and Gas Equipment,
Supplies and Petrochemical Products and Services:
(Name and Brand of Products)
In accordance to the agency / distributor agreement dated ______________________ between (Name of
Singapore Company) and ... Show more content on Helpwriting.net ...
VII. ORDERS/ACCEPTANCE/PRICE AND TERMS
1.
All orders from Distributor are subject to approval and final acceptance by Manufacturer /
Principle. Price lists to Distributor shall be as set forth in Exhibit B (as revised from time to time by Manufacturer in its sole discretion) in effect on
date of shipment. For nonstandard Products which are sold to Distributor for resale, the price shall be as quoted to Distributor at time of inquiry,
provided that the inquiry is within thirty (30) calendar days of order entry.
Payment to Manufacturer by Distributor shall be in United States / Singapore currency. Upon the placing of order(s), Distributor shall cause an
irrevocable confirmed letter of credit to be issued by a Singapore financial institution satisfactory to Manufacturer / Principle, in favor of said
Manufacturer / Principle, unless another arrangement is previously approved in writing by
Manufacturer / Principle.
WARRANTYAND FORCE MAJEURE
1.
Manufacturer / Principle warrants that all Products delivered hereunder shall be of Manufacturer's
/ Principle' standard quality. MANUFACTURER / PRINCIPLE MAKES NO OTHERs
WARRANTIES, EXPRESS OR IMPLIED: THERE ARE NO IMPLIED WARRANTIES
INCLUDING WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE.
Manufacturer / Principle shall not be liable for damages resulting from delays in shipment or inability to ship due to normal
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Liability In Practice: Superkool Selling Use Products
Liability in Practice
SuperKool selling their use product "as–is" the company is asking the buyer it give up implied warranty of merchantability (Liuzzo, 2010). The
implied warranty exists whether or not the seller says it or puts it in writing, unless you give up this warranty. The time frame for an implied warranty
last no longer than four years. Other types of warranties that might apply under statute or common law are the warranty of fitness for a purpose, this
applies when a buyer buys merchandise on the seller's recommendation it is suitable for a specific use ("implied warranty of fitness," 2014 For
example a customer is looking to buy a lawnmower that collect the cut grass as it mows. The seller person recommends a lawnmower and helps
customer pick one out , then there is an implied warranty that the product can be used for that purpose and will work the way the customer need t it
to. If you do rely on the seller's knowledge, this warranty exists whether or not the seller puts it in writing ("implied warranty of fitness," 2014). ... Show
more content on Helpwriting.net ...
In the case of SuperKool, the product is sold "as is," no warranty sale means exactly what it says. You accept the product in the condition in which it is
in at the time of sale and the seller has no duty to take refund or fix the merchandise after sale. In addition implied warranty can be relinquished without
signing anything, if the buyers abused or misused, or is not properly maintained merchandise or wears out over time under normal use or the
instructions are not followed(Liuzzo,
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The Pros And Cons Of Breach Of Warranty
Everyday billions of consumers purchase products across the entire world. As natural consumers, this is a way to buy things that are seen as beneficial
for whatever the reason may be. This could include benefitting one's health or well–being or simply meeting personals wants and needs. In the United
States, buying and selling products is so common that many underlying factors of what goes into the process go unnoticed, up until something goes
wrong. As a consumer, you naturally expect that what you are buying is 100% safe, secure, and authentic because most of the time this is the case.
However, for the times when something does go wrong, it is important to know the legalities of product liability as both a producer and a consumer.
"Product liability is the legal liability manufacturers and sellers have for defective products that cause injury to the... Show more content on
Helpwriting.net ...
The term also covers a failure of a statement or agreement by a seller of property which is a part of the contract of sale, when the truth of the
statement is necessary to the validity of the contract (USLegal, 2007)." Breach of warranty claims come in two forms– an express warranty or implied
warranty. An express warranty is one that is explicitly stated from the manufacturer or seller to the consumer. Most express warranties are made in
written statements, warning stickers, informational tags, etc. Although, an advertisement or a product sample that demonstrates how the product is
properly used may also be used to make an express warranty claim (Rottenstein Law Group, 2010). Contrary to this, an implied warranty is not
explicitly stated. Instead, an implied warranty is based on the reasonable expectations of the buyer. For example, when a shopper buys a lamp, they
expect it to light up the room without the lightbulb getting so hot that it starts a fire. This would be a reasonable expectation of the
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The, An Idea Thought Of By Steven Harris
Background: DoorGuard, an idea thought of by Steven Harris, which protects the side of your car from accidental dents that occur in parking lots all
across the world. Harris's idea of a product that helps prevent dents in the side of car doors is a very simple idea that many individuals would never have
thought to create, and the DoorGuard product would seem to have many buyers who are looking to help protect their new/used cars. The thought
of having a giant piece of removable foam on each side of an individual's car has its benefits, and its disadvantages. The strong points of DoorGuard
would obviously be the face that it protects the side of an induvial car from unwanted accidental dents that occur when another individual either
parks to close to one, or someone who is reckless. On top of preventing dents, DoorGuard is easy to place on the side of car doors, and is easy to
dismantle and store away. The protection DoorGuard would bring to one's car comes with some weaknesses. One weakness that seems to stick out
is the fact that DoorGuard is a giant foam pad that rests on the side of one's car doors. Many consumers would not like the look of DoorGuard with
its big appearance which is good for advertising, but some people would like a product that is minimal and blends in with their cars color. If theft is
attempted on the DoorGuard, the cable that goes into the door to keep it from easily getting stolen would tear the panel, thus, ruining the product for
the person
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Car Sales : A Car Market For Vehicle Sales
Fine Print
There is a need to own a vehicle just as the majority of the consumer population, due to managing a fixed schedule, long distances and lack of public
transportation. Auto dealers make all and any promises to sell the consumer a vehicle, since they have an abundance of used and new vehicles at hand.
Unfortunately, many desperate people who are in need of a vehicle tend to be easily enticed by the auto advertisements and will sign for anything just so
they can get a vehicle. Auto dealers intentionally mislead their audience continuously.
The United States is the world's second largest market for vehicle sales (citation). Car dealers are in business to make money, however, the ambiguous
car sale advertisements continue to deceive consumers. Auto dealers advertise using multiple ways, such as television commercials, printed ads in
newspapers and magazines, and local radio broadcasting. As the consumer actually goes in the dealership, and start the process of financing, they find
out for themselves that their interpretation of the commercials is not accurate. There are many factors that can make or break a vehicle purchase for a
buyer; there are laws that auto dealers are to abide by, for example. Ultimately the comprehensive information of what's being advertised will be
displayed in fine print on the television commercials, printed ads, and rapidly muttered on radio stations. Car dealerships are intentionally misleading
their audience, so they can get the consumer
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Snt Legal Essay
Sierra Nevada Trees Inc. Legal Analysis Consequential Damages Disclaimer: The disclaimer that protects Sierra Nevada Trees Inc. from liability in a
claim for consequential damages contained in the purchase order acknowledgement is part of the agreement with Burger Ranch Inc. Burger Ranch Inc.
accepted the terms of the offer and there was proper performance by both parties. As stated in the Gould Commercial Code Section 2–207 subsection 1,
"A definite and seasonable expression of acceptance or a written confirmation which is sent within a reasonable time operates as an acceptance even
though it states terms additional to or different from those offered or agreed upon, unless acceptance is expressly made conditional on assent to... Show
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Simon, the manager of the damaged Burger Ranch, inspected the tree, was satisfied with the tree, initialed the receipt, and paid the $150 for the tree.
These facts definitively imply that the buyer did accept the goods after he had a reasonable opportunity to inspect it and then made the judgement that
it conformed to their satisfaction, therefore legally accepting the goods. The buyer may contend that regardless of these facts, the disclaimer clause of
the purchase order acknowledgement represents a "material alteration" to the original contract and therefore would not become part of the contract as
per Gould Commercial Code Section 2–207 subsection 2, "The additional terms are to be construed as proposals for addition to the contract. Between
merchants such terms become part of the contract unless: a. The offer expressly limits acceptance to the terms of the offer; b. They materially alter it;
or c. Notification of objection to them has already been given or is given within a reasonable time after notice of them is received." Despite this
contention,
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A Report On Cardinal Ventilation
Cardinal Ventilation (hereafter known as "Manufacturer") offers a standard fifteen (15) year warranty to both our residential and commercial
customers. Manufacturer herein warrants its solar powered ventilation product(s) to be free from defects in workmanship, parts and/or materials as
defined below for a period of fifteen (15) years from the date of installation. Manufacturer's warranty is a full component (parts) warranty (motor, solar
panel, and fan housing) and shall not cover any labor expenses that may be incurred by the customer.
The following definitions shall be apply as used in this warranty statement:
The term "Defects" is defined as imperfections that impair the functionality of the product.
The term "Residential" is ... Show more content on Helpwriting.net ...
If a Residential Customer chooses to upgrade their warranty, the terms of Manufacturer's warranty shall be extended from the standard fifteen (15)
years, to a term period that shall remaining in effect for as long as the end–use Residential Customer owns the property where the product is installed.
All other conditions set forth in this agreement shall remain unchanged by the warranty upgrade option. Commercial Customers shall not have the
option for upgrading to a "limited lifetime warranty".
Manufacturer's warranty is extended to the original end–use Customer only and only to that Customer whose name, address, and contact information
appear on the original online registration. Warranty registration shall only be deemed valid when registered information provided for the Residential or
Commercial Customer has been provided in full (installation address, property owner information, product model, and installation date) as requested on
Manufacturer's online warranty registration form. Warranty is explicitly not extended to the sales agent, dealer, distributor, or installer of the product.
Manufacturer's warranty which is extended to either Residential or Commercial Customers is non–transferable. Warranty is only valid for the original
registered end–use Customer and the original registered location where the product was installed. No other party or entity, including, without limitation,
subsequent
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Conditions & Warranty
INTRODUCTION: The Sales of Goods Act 1893 provides the definition of 'condition' and 'warranty'. During the period between 1893 to 1962 both
'condition' and 'warranty' was generally accepted that they were the only two types of terms which assist in 'identifying the breaches which entitled the
injured party to terminate the contract. In the turning point of 1962, a new type of term–intermediate term brought about a whole new page into the
Law of Contract. Hong Kong Fir Shipping Co. Ltd vs Kawasaki Kisen Kaisha Ltd is the key case which owns the credit for this discovery. In the case,
the ship owner hired out the Hong Kong fir, 'being in every way fitted for ordinary cargo service'. The ship was delivered on 13 February 1957, sailing
... Show more content on Helpwriting.net ...
In case of a breach the party at fault is liable to pay compensation Section 12(1) of the act state that, "A stipulation in a contract of may be a
condition or a warranty" explaining that all terms and stipulations of the contract of sale are not of equal important and also of same consequences,
however, some of terms are so vital to the contract that their failure to fulfil would cause breach of contract as a whole. Such terms are known as
"Conditions". Further, a term which are not of so vital importance is known as "Warranty". Under Section 12(4) which provides that "whether a
stipulation in a contract of sale is a condition or a warranty depends in each case on the construction of the contract. A stipulation may be a condition
though called a warranty in the contract". Therefore, every contract is to be assessed in the light of circumstances including intention of the parties
and also terminology used in the construction of the contract. CONDITIONS: Section 12(2) of the act defines a condition as "a stipulation essential to
the main purpose of the contract, the breach of which gives rise to a right to treat the contract as repudiated." Conditions is called an 'express
condition' when a condition is expressed clearly in writing. A condition is a stipulation essential to the main purpose of the contract. It is very vital to the
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1.Do The Company Have Any Particular Target Audience?.
1.Do the company have any particular target audience?
Ans: Yes, the audience is IT Companies majorly, and also, small businesses, homes, schools.
2.What behaviors and preferences do the target buyers have, if any?
Ans: The target audience behaves differently in each case. Companies prefer an upgrade to the existing system, or repairs, but homes and schools prefer
new computers i.e. Replacement.
3.What are the marketing mediums through which the company plan to market their products?
Ans: Hoardings, Flyers, Radio and Website.
4.Do the company have any monthly sale targets to adhere to?
Ans: Yes, the company do have monthly sale targets and asales / month tracker should be installed to monitor the sales.
5.Out of all the products ... Show more content on Helpwriting.net ...
Services and repair department
1.How many individuals currently fielding service calls?
Two individuals
2.What happens if no one is present to answer call?
If no one is present to answer phone calls, they can leave a message and someone will get back to them as soon as possible. If call involves a high
priority issue, the caller could contact the service technician supervisor via cell # provided on VM.
3.Is there a process in place for incoming calls received during lunch hours?
Calls received during lunch hours go to VM where caller could leave a detailed message. Supervisor is reachable via cell phone.
4.How are after hours calls to the service department handled?
After–hours calls are sent to the service supervisors' phone for review. Supervisor reviews details of call, then places it in the respective technicians
work queue
5.How is service technician assigned to service request?
Usually it is on a first come, first serve basis. However, if the call involves work that is a bit advanced, then the senior technician is dispatched.
6.If requesting service repair, what must an individual provide to the service personnel answering the phone?
Necessary details include Name of company, service location, and contact information, detailed description of the issue they are currently experiencing,
and the product requiring
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Technical Consulting Agreement Is Made Effective
Technical Consulting Agreement This Technical Consulting Agreement is made effective as of October 04, 2015, by and between Skynous
Consulting Services, of 5032 Water Vista Drive, Orlando, Florida 32821, and ProSoft Consulting Services, of 2130 Mane Drive, Orlando, Florida
32821. In this Agreement, the party who is contracting to receive services shall be referred to as "Skynous", and the party who will be providing
the services shall be referred to as "ProSoft". ProSoft has a background in IT infrastructure evaluation and is willing to provide services to Skynous
based on this background. Skynous desires to have services provided by ProSoft. Therefore, the parties agree as follows: 1)DESCRIPTION OF
SERVICES. Beginning on October 18,... Show more content on Helpwriting.net ...
b)Survey Skynous staff, structure, and association, and recognize ranges for basic change. While Skynous will engross proposals for new staff
positions, the organization 's financial plan is restricted and the inclination is to abstain from including positions. Skynous is additionally keen on
adding to a stock of the current/fancied abilities, with the goal that Skynous can distinguish needs and plan for preparing. c)ProSoft should incorporate
suggestions for routine reinforcements and recuperation, including recuperation including a circumstance in which a building would be unusable.
d)Several large applications used by specific departments are slated for purchase or upgrade in the next five years. Skynous would like to explore
options for acquiring these applications including their priority and the possible participation with comparable regional systems. Prosoft should provide
solutions for this. e)ProSoft should audit Skynous's present Charge–back and Equipment Replacement methodology and billings. Capable
administration requires the accessibility of stores to swap both equipment and programming for expansive and little frameworks. As of now, just
equipment has a set up wellspring of substitution financing. Proposals ought to oblige another biennium spending plan process. 2)DELIVERABLES
a)ProSoft should provide a five–year strategic plan addressing the topics listed above and any others identified in the process of
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Car Warranties
Car Warranties Manufacturer or Factory Warranties Manufacturer or factory warranties help maintain the new car and are included in the purchase
price. But, the customer must carefully read the fine print. Understanding what the warranty covers is crucial. A warranty or service contract is a
promise to perform or pay for the listed repairs or services. Car dealers have various categories and types of warranties –– and the names or titles are
not the same from one dealer or manufacturer to another. But, for the most part, there are two major types of manufacturer warranties. There is the
"bumper to bumper" warranty. Unfortunately, this warranty is not nearly as comprehensive as the name suggests. Various components that
deteriorate, because of wear and tear like brake pads and tires, are excluded. In addition, labor costs are excluded. Another major type of warranty is
the "Powertrain" warranty. This warranty lasts longer than a "bumper to bumper" warranty but the coverage is usually limited to an even shorter list of
items. The list normally includes the various components of a car's engine and transmission. Buying A Demo A normal demo car, even though it has
not been owned, leased, or used as a rental –– but has been used in short drives by potential customers –– may not... Show more content on
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Normally, new cars come with a manufacturer's warranty for at least three years and up to at least 36,000 miles –– whichever comes first. Any service
contract, prior to the expiration of the manufacturer's warranty, would only have value if it covers items not otherwise covered. Don't pay twice for the
same coverage. Plus, if the manufacturer warranty coverage is longer than the customer expects to own the car, then it makes little sense to buy an
extended warranty or an extended service
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Essay on Case Study
TransAmerica Oil Corporation v. Lynes, Inc & Baker International Corporation
Case Brief
Issue:
This is a case of breach of an express warranty, subsequent decision, and appeal in the State of Kansas and the issue is whether or not breach of an
express warranty warrants an award of damages under the Uniform Commercial Code.
Facts:
Harold Brown, TransAmerica's president, purchased 10 production injection packers typically used for temporary purposes, but advertised as a
permanent solution. With most shipments, an invoice was included that contained language disclaiming express or implied warranties and limiting the
purchaser's remedies. The statute of limitations pursuant to this case is four years. Under Kansas law, ... Show more content on Helpwriting.net ...
The jury had only to determine whether the advertising and oral statements by Spencer constituted express warranties that the packers would work
properly in open holes. The jury awarded TransAmerica $196,577.62 based on a claim of breach of expresswarranty.
Reasoning/Analysis:
In the debate as to whether or not the three–year statute applies, В§ 60–512 comes into play. If it applies, the plaintiff's claims are excluded. If В§
84–2–725, four–year statute applies, the plaintiff's claims are timely. This case involves a sale of goods within the meaning of the UCC, Kan Stat Ann
§§ 84–2–102, 84–2–105, and 84–2–106. Therefore the four–year statute applies and the claim is timely. Under Kansas law an express warranty may
be created by "any affirmation of fact or promise made by the seller to the buyer which relates to the goods and becomes part of the basis of the
bargain" or "any description of the goods which is made part of the basis of the bargain creates an express warranty that the goods shall conform to the
description."
Lynes Inc and Baker argue that the descriptions and statements made by the sales associate, Spencer, were opinion only and insufficient to create an
express warranty. Brown testified that Spencer assured him that the packers were suitable for permanent use. This statement if believed is sufficient to
support the finding of an express warranty. Under Kansas law,
... Get more on HelpWriting.net ...
General Motors ( Gm )
Facts: General Motors (GM) recalled about 3 million worldwide of their small cars due to faulty ignition switches, which shuts off the engine while
driving, thus preventing the airbags from inflating in case of an accident. General Motors paid compensation for 124 deaths, this fault had been know
to GM for at least a decade prior to the recall being declared.
Since GM is a big automobile manufacturer, the party directly affected would involve mainly consumers who purchased vehicles from a GM dealer.
A second subsidiary party would be dealers, who purchased these cars for resale. But an even more threatening party would be federal and state. These
cars could be purchased by anyone thus making the risk even greater, because not only was ... Show more content on Helpwriting.net ...
General motors could try to counter dispute this by alleging to the purchasers were contributory negligent by having more weight on the ignition
switch, which possibly was the reason why the ignition switch moved and shut off the engine. This would probably be annulled by the court because
GM has a responsibility to provide a save product for the purchasers.
Secondly, this would apply to implied warranty of merchantability. The buyer purchased the car for its ordinary use, which is to drive the car and for
it to work properly but most of all to be safe. It was not purchased with the intention of having the car turn off and be a hazard for everyone inside the
vehicle or to the outsiders. GM's responsibility was to produce these vehicles for their ordinary use, which is to perform like the rest of the vehicles
in a safe manner. GM could dispute this by alleging assumption of risk. It is reasonable and foreseeable to assume that people could have accidents
while driving, just as it happens with other vehicles. Although the court could reject this because it is reasonable and foreseeable to assume people will
have accidents, but it is not reasonable to assume that the airbags will not deploy causing many deaths and injuries.
A third cause of action would be fraud. This is a deliberate deception to secure unfair or an unlawful gain. General Motors sold the vehicles knowing
that they had faulty ignition switches.
... Get more on HelpWriting.net ...

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Flat Irons-Personal Narrative

  • 1. Flat Irons-Personal Narrative One summer ago, I discovered the truth behind the old saying, "Forever doesn't last too long these days." I felt as if forever had been cut short like the strands of life were by the Furies. I remember it like it was yesterday I had just bought a new flat iron. We were walking through the outlet mall in Orlando, Florida. Lost and confused by all the hustle and bustle of it, I tried to remain optimistic. I always try to steer clear of the booths in the middle of a mall as the salespeople are incorrigibly relentless. Suddenly, I was seized by an Italian–speaking woman. Immediately, she hauled me to her booth, and I could not escape. For fear of us leaving, she forcefully seated me. Consequently, my family was forced to follow and participate. ... Show more content on Helpwriting.net ... Almost finished, I looked up to note my accomplishments. I was impressed. My thick, coarse hair was silky and had body. I couldn't wait to show it off. Every time I needed my hair to look salon done, I used the Royale. It was my favorite until it became unreliable. I had yearbook pictures the next day and was depending on Royale with my life. I absolutely could not go to school with my hair half afro, half straight. A ponytail simply would not do. I started crying because the flat iron would not turn on. I tried everything I could imagine. I cursed the Italian saleswoman, and the creators of the Royale for filling my innocent mind with lies about a better future. I was about to give up on life when I remembered I still had an old flat iron. It may not have been new and improved, but it got the job done. When I returned home from picture day, I immediately phoned the Royale company about the lifetime policy. I did not know where my mother brought it from nor where her warranty paper was. The Representatives were not helpful and could not assure me a new flat iron. I was heartbroken. After all the promises and guarantees of no hassle replacement, the company did not follow ... Get more on HelpWriting.net ...
  • 2. Extended Warranty Expirations A manufacturer's warranty barely last a year on new vehicles. Extended warranties keep your car covered for a few more years after the manufacturer's warranty expires. So much skepticism surrounds extended warranties, and we don't know what to believe. Here are five types of stereotypes we place on warranties and how untrue it is. The product breaks down after the warranty expires: We believe extended warranties are a waste of time because the product will function until the warranty expires, then it breaks down. Can you explain those times where it breaks down before the warranty expires? Extended warranties are for those moments, and it does occur often. Companies who do this rarely stay in business because perceptive customers will ... Get more on HelpWriting.net ...
  • 3. Workmanship Warranty What Does The Workmanship Warranty Mean? Replacing your roof is an expensive venture. Several parties are involved in roof replacement: manufacturers, roofing contractors and dumpsters, among others. The different parties offer warranties. Do you understand what that means? Let us focus on the workmanship warranty. The workmanship warranty backs up your roofing contractor's work. This warranty, together with the manufacturer's warranty, provides your roof with coverage if improper installation causes any damage or defects. The workmanship warranty is a standard industry practice, although that was not always the case. Caveats... Show more content on Helpwriting.net ... Experience, therefore, becomes a crucial factor when choosing roofing companies. The warranty is only valid for as long as the contractor who issued it retains sole control over their service – roof repair, replacement, or installation. The roofing contractor that you choose to install a new roof on your property should be competent and reputable. He should be able to complete the work in a professional and timely manner. If you, the homeowner, and the roofing contractor had agreed on details like installation, timelines, and had them written down, it is possible to predict the outcome in the event of a dispute. You need to have all the details concerning the services to be performed by the contractor and what you expect written down in a clear, precise way. Do not leave room for assumptions and ... Get more on HelpWriting.net ...
  • 4. Examples Of Contingent Liability contingent liability A potential liability dependent upon some future event occurring or not occurring. For example, a company is named as a defendant in a $1 million lawsuit. Does that mean the company automatically has a liability of $1 million? What if the lawsuit has no merit and can easily be defended? If it is probable that the company will lose and the amount can be estimated, a journal entry is prepared to debit Loss from Lawsuit and to credit Lawsuit Payable. If it is possible but not probable that the company will lose, the journal entry is not made but instead there will be a footnote disclosure. If the lawsuit is remote (a nuisance suit without any merit), there is no need for a journal entry and no need to disclose the... Show more content on Helpwriting.net ... If the company is certain that no units will be returned as defective, the company will have no liability and no warranty expense. Accountants will record a journal entry to report a liability on the balance sheet and a loss or expense on the income statement only if the loss contingency is both probable and the amount can be estimated. If a contingent liability is possible (but not probable), no journal entry is needed. However, the accountant must disclose the contingent liability and loss in the notes to the financial statements. If a contingent liability is remote, then the accountant will not report the liability and loss and will not disclose it. Where is a contingent liability recorded? A contingent liability that is both probable and the amount can be estimated is recorded as 1) an expense or loss on the income statement, and 2) a liability on the balance sheet. As a result, a contingent liability is also referred to as a loss contingency. Warranties are cited as a contingent liability that meets both of the required conditions (probable and the amount can be estimated). Warranties will be recorded at the time of a product's sale with a debit to Warranty Expense and a credit to Warranty Liability. A loss contingency which is possible but not probable, or the amount cannot be estimated, will not be recorded in the accounts. Rather, it will be disclosed in the notes to the financial ... Get more on HelpWriting.net ...
  • 5. Cause And Effect Of Buying A Car Cause and effects of buying a new car Vehicles are a part of a person's everyday life these days. You see them everywhere, no matter if it's a big city, or a little country town. People use cars to travel to all sorts of places, whether it is a school or work. We push our vehicles to the maximum so they seem to wear out really fast. It seems like every five to six years you have to purchase a new one. People have so many causes to by a new car these days but owning a car also comes with a lot of effects. New cars come with a lot of benefits like reliability and warranties. The biggest downfall with buying that brand–new car is the car payment and that expensive car insurance. A new car might look good, and you might get more attention, but you pay for that attention. You must ask yourself is the cost worth the award? The biggest thing that come along with a car is the car payment. After purchasing a car and all the taxes with it you can be in a lot of debt. To pay for the car you must take out a loan out from your bank for whatever you owe on the car. The bank makes money of the loan by interest. Interest is a percentage a bank charges you to use their money. Depending on your credit score depends on how much interest the bank charges you. When you take out a loan you pay every month towards it until you pay it off. When you first start paying your car loan off all the money goes to the interest because the bank wants there money first and then after a few months or even ... Get more on HelpWriting.net ...
  • 6. Consumer Choice or Influential Factors in Purchasing Products People purchase products and services for a variety of reasons, whether it is for their own personal wants and needs, for family and friends, or for prestige. These consumers vary in age, income, education, and lifestyles. This report briefly discusses the influences involved in consumer purchases and identifies the consumer process used in order to purchase a product or service. Consumer decision making is "the process of making purchase decisions based on cognitive and emotional influences such as impulse, family, friends, advertisers, role models, moods, and situations that influence a purchase." (Schiffman & Kanuk, 2007, p. G–3) External Influences External influences provide information about a product or service and can ... Show more content on Helpwriting.net ... Need Recognition Recognition of need usually occurs when a consumer is faced with a 'problem' or awareness of a need. In reviewing this week's assignment, I considered my recent purchase of a 2011 Chevy HHR. Although the automobile purchase was a major decision in itself, I had to face the dilemma of purchasing (or not) an extended warranty package offered by the dealership. (Schiffman & Kanuk, 2007, p. 532) According to an Internet article by Chen, Kalra, & Sun (2009): Warranties have since become ubiquitous at the checkout aisle, and extended service contracts have become a core product for retailers, generating about US$15 billion in revenue annually. According to Business Week, in 2003 warranties accounted for more than half of Best Buy's profit and almost 100 percent of Circuit City's. The dealership offered a Mechanical Protection Plan (MMP), Guaranteed Automobile Protection Plan (GAP), On–Gard Theft Protection, and Premier Vehicle Coverage for new, pre –owned and certified vehicles, with a total service contract of $2,990.00 above the purchase price. There appears to be two different need or problem recognition styles for consumers, which includes the actual state types, wherein the consumer perceives they have a problem when a product fails to perform satisfactorily, and the desired state types, "for whom the desire for something new may trigger the decision process." As I was purchasing a new vehicle and very concerned ... Get more on HelpWriting.net ...
  • 7. Coconut Telegraph James Huang Professor Kunkel November 9, 2014 Individual Case Study 1. Yes, the agreement on February 1, 2012 is within the scope of ASC 985–605. Example 9 in section 985–605, 55–180 is similar to the case. According to 985–605, 55–182, the revenue for PCS would be "deferred and recognized in income over the one–year post–contract customer support service period" assuming the "lack of vendor–specific objective evidence of the fair value of the delivered software element." In reference to the example, the PCS should be accounted monthly over the 12–month period. There is no "vendor–specific objective" because the product and the service are not sold separately. 2. The items should be accounted separately. In example 4, section 605–10, ... Show more content on Helpwriting.net ... The contract from February 1, 2012 and May 1, 2012 should be accounted together. According to ASC 985–605–55–4, "any of the following factors may indicate that a group of contracts should be accounted for as a single multiple–element arrangement: a. The contracts or agreements are negotiated or executed within a short timeframe of each other. B. The different elements are closely interrelated or interdependent in terms of design, technology, or function." It is evident that the second contract is an extension of the first contract. It satisfies the first factor in which the training of the system is given within the same timeframe of the first year of PCS. It satisfies the second condition also. Without the first contract, the second contract would not exist. The second contract provides training based on the Volcano System ... Get more on HelpWriting.net ...
  • 8. Advantage Of Elliptical Machines BEST ELLIPTICALS UNDER $1000 Elliptical machines have successfully made its way into several homes recently and this is due to its price flexibility and its much important use. Due to this day's busy lifestyle, everyone has lots of responsibilities and hence there is no free time. On the other hand, it is important to get fit. Elliptical trainers eliminate the need to run and have got a lot more of benefits associated with it. It also doesn't affect an individual suffering from knee injuries or lower body parts. Elliptical trainer offers a great amount of cardio and full body workout routine only from your home comfort and this will save more time especially for busy individuals. Moreover, spending one hour on the Elliptical trainer is equivalent to losing around 200 calories. Over the years, the elliptical machine has received a much obvious advancement so much that you can find a better one for under $1000 with the right balance of performance of affordability and technology. Basic or entry level Elliptical trainers offers low cost but also fewer features. Depending on the brand, majority of basic trainers opt in for under $1000. Also depending on brand, you can still see a basic ... Show more content on Helpwriting.net ... This fitness machine is one of their most affordable performance machines offering an amazing variety of full body training exercise. Its body frame is robustly capable of taking everyday workouts. Nautilus has a double center frame which renders an added strength to the full body structure. It is made up of two integrated levelers which ensure a proper set of the device even in an uneven surface. To further its stability features, the oversized crossbar tubing offers more usefulness. The availability of the transport wheel has made it available to transport the device from one location to another. With a maximum weight capacity of 300 LBs, this fitness machine does an excellent job in the performance ... Get more on HelpWriting.net ...
  • 9. Purchasing A Large Order Of Widgets From Machine, Inc. This agreement made and entered into this date October 23, 2015, by and between Machines, Inc. of Austin, Texas, and Widgets, Inc. of Detroit. It was designed for both parties to understand terms and condition of their trading. This sale contract was developed by Uniform Commercial Code, which is government rules regarding businesses or companies. According to Raina article, "the terms and conditions in import contracts outline the rights and obligations of the importer and the foreign supplier in carrying out the transaction (1990, sec.1). This contract regards for the purchase of the goods described below: Term This contract shall begin on October 23, 2015, and end upon the last delivery for the quantity specified in this agreement, unless the Machine and Widgets, Inc. agree otherwise. This agreement describes Widgets, Inc. purchasing a large order of widgets from Machine, Inc. If the seller does not follow the dated procedure, Seller might then wipe out this contract and sue for harms, including lost benefits, balancing the store there against, and further recoup its expense of suit including lawyer charges. CompanyQty.DescriptionPriceTotal Machine, Inc.2000Widget$100 per$200,000 Shipment Arrangement The buyer shall be notified by the seller regarding the shipment arrangement 7 days before advances, such as the trucking company. Seller shall arrange a delivery that would make sure it on time and in appropriate material or box. The seller will choose a ... Get more on HelpWriting.net ...
  • 10. Essay on Case Study IN THE UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT Case No. 81–1505 Transamerica Oil Corporation, Plaintiff–Appellee, v. Lynes, Inc. and Baker International Corporation, Defendants–Appellants. 723F.2d 758; 1983 U.S. App. LEXIS 14288; 37 U.C.C. Rep. Serv. (Callaghan) 1076 ––––––––––––––––––––––––––––––––––––––––––––––––– December 21, 1983 PROCEDURAL POSTURE Plaintiff brought suit under the Kansas Uniform Commercial Code (UCC) to recover damages resulting from the breach of an express warranty by the defendant. Ajury in the United States District Court for the District of Kansas found in favor of the plaintiff. The defendant appealed the decision. SUMMARY OF KEY FACTS 1. Plaintiff filed suit in the United ... Show more content on Helpwriting.net ... However, actions pursuant to the UCC В§ 84–3–725 for breach of any contract for sale must be commenced within four years. If the court of applies common law the plaintiffs' claim is barred. If the court applies the UCC the plaintiffs' claim is timely. The defendant's case–in–point relied on Miller v. Williams. This case, however, applied to rental of equipment rather than the sale of equipment. Since this case involves the sale of goods, §§ 84–2–102, 84–2–105, and 84–2–106 of the UCC apply in addition to the four–year statues of limitations. 2. Plaintiff filed suit against the defendant for breach of an express warranty under Kansas law. K.S.A. В§ 84–2–313 states any affirmation of fact or promise made by the seller to the buyer which relates to the goods and becomes part of the basis of the bargain creates an express warranty that the goods shall conform to the affirmation or promise. However, the defendant claims the
  • 11. advertising and oral conversations with the plaintiff were merely opinions of the seller therefore no express warranty was created. Defendant used Topeka Mill & Elevator Co. v. Triplett as case–in–point. Plaintiff objected using Boehm v. Fox to illustrate that the statement made by Mr. Spencer, district manager, assuring him that the devises were applicable for permanent use was sufficient in creating an express warranty. Moreover, the plaintiff used Scheuler v. Aamco Transmission to convey, under Kansas law, that ... Get more on HelpWriting.net ...
  • 12. Assessing Customer Experiences with Customer Service at My... Introduction A recent visit to the service department of the local auto dealership I purchased a car from two years ago forms the foundation of this analysis. As auto dealerships rely on service departments for the majority of their revenue I thought the experience would be a mix of pure efficiency and relationship building. Previous experiences with this dealership have shown them to be not as trustworthy as I had hoped they would be as well. One of the most critical aspects of transitioning customers from being treated as members of a transaction to actually being fans is trust (Gronroos, 1994). Trust is such a critical catalyst to make a customer experience successful that technologies need to better measure and evaluate this ... Show more content on Helpwriting.net ... He nodded and didn't say another word. I asked him for the cost to look at it and he said there would be no charge. I got the sense that even though the car was under warranty the dealership wanted to still make money on this repair. That troubled me. I gave the technician the keys and he took the car into the repair bays, as I went inside to talk to the service manager and ask them what the policy was on warranty repairs. He told me they were all covered and would take care of it. I asked him if technicians were on commission for how many repairs they sold and he just laughed and walked away. To this point in the interaction it was clear the dealership looked at me as more of just another transaction to be completed during their day. There was no specific focus on how to take the transaction and transform it into more of a conversation or relationship (Gronroos, 1994). The entire culture of the dealership seemed to resonate with a transaction mindset, as sales people in the coffee room asked if I wanted to see the new models in the showroom "on sale" this weekend (Harris & Ogbonna, 1999). One of the sales people had sold me the car that was in for repairs and he started the conversation with the requisite "so how is your 2009 Camry running?" and then directly into the sales pitch. I reminded him that I had shopped online, was able to get a much better deal through the Toyota website and successfully drove ... Get more on HelpWriting.net ...
  • 13. Warranty Memo Renewal by Andersen of New Jersey & New York Metro replacement windows come with our exclusive 20/2/10 warranty that gives you peace of mind your windows will perform as represented for as long as you live in your home. But, what does that really mean? Warranty claims can be confusing and misleading for some consumers. Does a lifetime warranty mean you're cover for your life time? Until the home collapses? Until the window "shouldn't" be expected to maintain structural integrity and beauty? Consumers have a right to understand what replacement window dealers are offering before they invest in new windows for their home. Here are a few things to look for as you consider companies and warranty packages. All Promises, No Solutions Sadly, some replacement window companies have warranty plans that seem to be intentionally worded to create ambivalence. Let's face it, even though there are exceptionally manufactured replacement windows and patio doors that truly will last for decades, there are cheap imitations that come with a very limited coverage term and vague, hard to interpret rules if you ever need support or assistance with an issue. And, even with a superb warranty, defects occasionally cause a problem. Plus, improper installation may void certain parts of your warranty. So, whenever possible, consumers should choose a local company with a solid reputation for only promising things they can delivery on, and then delivering with a smile when something comes up.... Show more content on Helpwriting.net ... Take time to read the full warranty. (Tip: If a company won't let you read the warranty before you sign a contract, it ought to send up a red flag. You must feel confident, the representative is giving you an accurate description of services and defects covered. A great window provider wants you to be happy with your purchase for as long as you live in your home, and research shows a happy customer is more likely to become a repeat customer and refer their friends and ... Get more on HelpWriting.net ...
  • 14. Lawsuit for Wrongful Death, Negligence and Breach of Warranty Facts The plaintiff Michael Aloe, widower of Robin Aleo, brought a suit individually and on behalf of his wife's estate in Massachusetts/ U.S. First Circuit, against SLB Toys, Amazon.com Inc., Toys "R" Us, and Amazon.com Kids, Inc., after his wife dies from injuries sustained when an inflatable pool slide collapsed while she was sliding down. The decedent was attempting to slide down head first in an inflatable, in–ground swimming pool slide imported and sold by Toys R Us. The pool slide collapsed and caused her to strike her head on the concrete deck of the pool. The decedent fractured two cervical vertebrae and suffered a severed spinal cord. She died the following day after she was removed from life support. In 2005, Toys R Us started... Show more content on Helpwriting.net ... A consumer should be able to assume that when they follow the instructions properly, a slide pool should remain inflated when they use it, without causing any unreasonable danger or harm. Secondly, Aloe can allege fornegligence which lead to the wrongful death of his wife because Toys R Us did not follow the required testing procedures for compliance with Federal Safety Standard. In addition, Toys R Us are negligent for having only one employee in their safety assurance department who received approximately 4,000 certificates of this kind per month. Furthermore, Aloe could also make a strong argument by imposing strict liability in tort on Toys R Us for personal injuries that result from selling a defective product with design defect that is unreasonably dangerous to the consumer without proper testing and compliance with Federal safety standard for such products. Aloe could also appeal for both compensatory and punitive damages for the loss which could be economic (such as lost income, medical expense) or non economic (such as pain and suffering and loss of consortium, meaning the loss of someone's active presence and enjoyment in their life). Discussion from plaintiff's side Aloe could argue that the cause of death of his wife is due to the defective and unreasonably dangerous product that Toys R Us knowingly sold in the market. The regulation ... Get more on HelpWriting.net ...
  • 15. Case Case Study : Rite Aid Corporation V. Ellen R. Levy Gray Mariah Alvarado–Gonzales (Group 10) Bus 80 5 November 2014 Case Brief Case Name: Rite Aid Corporation v. Ellen R. Levy–Gray, 162 Md. App. 673, 876 A.2d 115, 2005 Md. App. LEXIS 64 (2005) Facts: On October 25, 2000, the plaintiff, Ellen Levy–Gray visited the head of Infectious Diseases at Mercy Medical Center, Dr. Ronald Geckler, who diagnosed her with Lyme disease. In response to this, he then gave her a prescription for doxycycline. Because Ms. Levy–Gray was concurrently breastfeeding her baby son, Dr. Geckler ordered her to discontinue breastfeeding until the end of her treatment, but did not provide her with any further instructions on how to take the medication. The prescription that Ms. Levy–Gray obtained through the defendant, Rite Aid, came packaged with a patient package insert entitled "Rite Advice." The pamphlet enclosed instructions on how to take the drugs including its suggestion to consume food or milk with the daily dose if an upset stomach occurs. The "How to take this medication" section of the pamphlet explicitly stated, "Take with food or milk if stomach upset occurs unless your doctor directs you otherwise." On October 26, 2000, Ms. Levy–Gray consumed her first dose of the prescription solely with water. The following day, she began to consume milk with the drug because she experienced an upset stomach. She continued to digest large quantities of dairy products including eight to ten glasses of milk daily in order to maintain her breast milk so that she ... Get more on HelpWriting.net ...
  • 16. Asymmetric Information And Market Outcomes BUS530 Managerial Economics Module 4 CASE– Asymmetric Information and Market Outcomes Trident University International Dr. John Gaze Antoinette Gibson January 28, 2015 Car Market The car market is at the forefront of many homes within the society today. At some point in everyone's life they have to purchase a car or someone close to them makes that big purchase in their life. Throughout this paper I am going to discuss a few things when we talk about car markets. First I am going share whether or not I believe the car market has an asymmetrical information problem. Then I will share what the markets response to adverse selection. Next, I will highlight the car market's response to moral hazard. When we think as a "market signal", I will be considering whether or not education can help companies make better economic decisions when asymmetric information exist. Finally I would share what I believe the market response would be if there was perfect information. Market response to asymmetric information In many markets, asymmetric information is a problem, such as the insurance markets, credit markets and even the car markets. This is simply where one person in the exchange knows significantly more than the other (Lillo 2013). I believe in the car market, there is definitely a asymmetric information problem. I think it may be a more common issue when we talk about some of the smaller car lots or used car lots. Often times individuals go to those lots thinking they are ... Get more on HelpWriting.net ...
  • 17. Blood Money Hitman: Blood Money LICENCE AGREEMENT AND LIMITED WARRANTY IMPORTANT– Please read this Licence Agreement carefully. This End–User Licence Agreement ("EULA") is a legal agreement between you and Eidos Interactive Limited ("Eidos" or "we") for the computer game software stated above, which includes computer software and associated media, materials and other documentation together with any updates to the original game software which is provided to you or which you may download from any website or other service authorised by Eidos in order to access and/or use any on–line features and functionality which may be associated with such game ("Software Product"). Copyright and other intellectual property laws and treaties protect this ... Show more content on Helpwriting.net ... These services may, however, require payment of additional fees and access to and use of such services and other goods or information made available as part of such services may be subject to completion of a registration process and acceptance of additional terms and conditions. Importantly, not all purchasers of the Software Product will be able to register or benefit from such services (including Online Features associated with the Software Product). These services may not be available in your country or for any period of time and may, for example, be subject to age restrictions. 4. Termination Without prejudice to any other rights, Eidos may terminate this EULA immediately without notice if you fail to comply with the terms and conditions of this EULA. In the event of termination, you must destroy all copies of the Software Product and all of its component parts including any Software Product stored on the hard disk of any computer. All provisions of this EULA relating to disclaimers of warranties, limitations of liability, remedies, or damages, and Eidos' proprietary rights shall survive termination. 5. Ownership You only own the media on which the Software Product is recorded. Eidos and/or its licensors shall at all times retain ownership of the
  • 18. ... Get more on HelpWriting.net ...
  • 19. Asymmetric Analysis : Asymmetric Information Problem In today's world, society has an abundance of options to choose from; whether it is the type of soda they drink, brand of clothing, or type of car. Even within a certain product, there are so many choices; for example, purchasing a car. Customers have the option to choose what type of car, the size, color, year, and brand. When it comes to major purchases, such as car buying, most consumers try to do as much research as possible before making a decision. And just like there are many characteristics of a certain product, there is a substantial amount of available resources to help make those kinds of decisions. Asymmetric Information Problem However, what if a company did not release all of the information of a product and knew something ... Show more content on Helpwriting.net ... What those advertisements usually do not say are the negatives that come with the car. While companies may brag about how fast and powerful this new sports car is, it won't mention its inefficiency in gas or the cost of insurance. Luckily, consumers do not have to rely solely on advertisements and can help bridge the gap within the asymmetric information problem. Market's Response The car market's response to asymmetric information is doing their research. While the car ads may not show how many miles a car can go per gallon of gasoline, a quick search on the internet can produce those results. There are many businesses dedicated for the sole purpose of reviewing and comparing products. Even before the internet, car buyers were able to talk to friends and neighbors and get recommendations from owners of a car they were interested in. There are many consumers that remain loyal to a certain company, that they feel is reputable, due to past their experiences with that company (Notte, 2014). The government has even step in to create laws against fraud from automakers and car dealerships. Commonly referred to as "Lemon Laws", these regulations set out to "protect the rights of consumers everywhere regarding automobiles, trucks, motorcycles, RVs, boats, and other products, that continue to have significantly impairing malfunctions after multiple attempts to repair the problem" (What is ... Get more on HelpWriting.net ...
  • 20. Company Analysis : Best Buy Co. The overall health of companies long–term is determined by the strategies and the goals for future growth in marketing. One of the best ways a company can analysis its sustainability is by understanding its strength, weakness, opportunities and threats (SWOT). Best Buy Co., Inc. the largest consumer electronics retailer is known to be the leading provider of technology products, services and solutions with 1,400 stores and is located in Canada, Mexico and the United States. (Best Buy, 2016) STRENGTHS Brick and Mortar Retailer Brand Loyalty in price and services Customer and technical support (Geek Squad) Specialized electronic retailers such as Apple Strong infrastructure Discounts, rewards, and warranty plan for purchasesWEAKNESSES Sales Growth Mid–range profit market despite Management of inventory Senior Management staff turnover OPPORTUNITIES E–commerce rising popularity that is increasing Electronics more prevalent in consumers today Exclusive brand technology Absents of mobile technology rate Holiday sales to increase customer interest Improved technology New smartphone on the market yearly
  • 21. Less competitors Growth internationally in other countries LawsTHREATS Competitive pricing and sources Competitors such as Amazon that under cut prices online Labor Wage rising due to political changes Competitors price matching Direct sales to consumers from the manufacturer Competitors expanding their online ... Get more on HelpWriting.net ...
  • 22. Best Buy Case Study Essay 1.What can any retailer learn from this case? According to this case, and concerning about the strategy that Best Buy has created, retailers can similarly create a retailer–led product strategy to leverage their customer knowledge for product differentiation and to understand what the needs of the customers are; they must discover what satisfies the customer and what not. In addition, the retailer can seek for news partnerships, new stores, new countries and new categories and services in order to increase their net sales and their share market. It's very important invest in marketing study aiming to discover what the other companies are doing. Besides, with the time, the smaller retailer can increase significantly even more than the ... Show more content on Helpwriting.net ... They should also carefully evaluate categories and brands and stock only the best performing products. This would allow them to reduce store size, while at the same time retain its experience and presence in multiple categories. 5.Assess Best Buy's global strategy. Best Buy is a company that is a financially strong and profitable, that has generated a good few billion in cash flows from operating activities as is shown in its financial statements. They also delivered positive operating income through their trajectory. They grew total market share in the third quarter according to the most recent public data available. They have closed down certain operations that were not profitable (according to recent reports), which they expect to have a positive impact on their earnings going forward. And they are focusing the company on areas where they see the greatest opportunities for growth and profit: mobile devices and connection plans; enhanced digital and e–commerce strategies; growth in their services business; and expansion of their established business in China. Furthermore, they offer to the customer the experience to buy in a physical store, compared with Amazon that is one of the strongest competitor, there's no doubt that the internet, and the mobile web in particular, have changed the way people shop, but there is strong evidence that consumers continue to value the experience of ... Get more on HelpWriting.net ...
  • 23. Car Warranty If your car had a warranty when you purchased it, it probably gave you some peace of mind. The warranty might have even helped encourage you to purchase the car that you chose. Therefore, the last thing that you probably want is to find out that your warranty is not valid later on when you need it. For example, some people end up voiding their car warranties without even realizing it. These are a few tips that can help you avoid issues with your car's warranty, however. 1. Keep Up With Your Car's Maintenance Schedule For one thing, your car should have a manufacturer–specific car maintenance schedule that lists when you are supposed to have certain maintenance tasks done, such as changing the oil or flushing out the fluids and replacing them. Some ... Show more content on Helpwriting.net ... This might be required by your warranty. Plus, someone who has experience in working with your type of car can be more likely to be competent and to do a great job with the maintenance and repairs of your vehicle. 3. Make Sure You Use OEM Parts Another thing that you might be required to do in order to maintain your car's warranty is to replace any parts that are faulty with original equipment manufacturer (OEM) parts. Even though you might sometimes be able to save some money by choosing aftermarket parts instead of OEM parts, you'll probably find that it's not worth the potential cost savings when it could put you in jeopardy of voiding your car's warranty. Luckily, in most cases, it's not too difficult to maintain your car's warranty. If you follow these tips, you shouldn't have anything to worry about. Of course, different car warranties do vary, so if you have any specific questions about your vehicle, it's a good idea to check your warranty information or to contact your dealer or a certified mechanic who has experience in working on cars of your make and ... Get more on HelpWriting.net ...
  • 24. The Woes of Extended Warranties Essay The Woes of Extended Warranties An extended warranty may be purchased at the time you buy your electronic device or appliance; it may also be possible to purchase one much further along in your ownership experience. If you're the type who likes to be prepared for all eventualities, an extended warranty may be just what you're looking for. Bearing in mind the ever–increasing cost of electronics repairs, these contracts can make a lot of sense. The purpose of this paper is to delve into consumers' viewpoints on extended warranties. The topic will be further analyzed by studying the extended warranties offered by Future Shop and RadioShack. Then, a few consumer interviews will be presented ... Show more content on Helpwriting.net ... Background Information on RadioShack Radio shack on the other hand was established in 1919 in Fort Worth, Texas. Two brothers, Theodore and Milton Deutschmann, opened the first retail store in the heart of downtown Boston. RadioShack has formed strategic alliances with some of the best known and most trusted brands in the consumer electronics and computer industries – including Compaq, RCA, Sprint and Verizon Wireless. They have positioned themselves for consistent and sustained growth. In just over five years, RadioShack has essentially "reinvented" itself into an innovative company that is, with each passing year, moving further from a traditional retailer to a leading–edge growth company. Benefits of Purchasing Extended Warranties 1) Offer peace of mind 2) Allow repairs to be made when one needs them. 3) Most include a replacement good if there are no available parts for repair in shop. 4) Protect against the rising cost of repairs. 5) Added resale value– most is transferable.
  • 25. 1) Allows repairs to be made in accordance with level of coverage. 2) Ensures consumer goods are always in best possible mechanical condition. Major Drawback of Purchasing ... Get more on HelpWriting.net ...
  • 26. Differentiating Customers : Some Customers Are Worth More... Chapter Overview: "Differentiating Customers: Some Customers Are Worth More than Others" This chapter discusses the value of a customer. It indicates that customers have different and distinctive actual values, potential values, which lead to their lifetime values. It is important that a company understand first, and foremost that the only reason that they are able to make a profit is because of their customer base. However, it is also important to realize the cost to serve a customer and to know how much value they bring to your business and if in fact they cost the company more to serve them then they spend. Companies are increasingly trying to enter and foster learning relationships with customers. Building these intimate relationships with customers helps a business learn many things. They learn about their reputations and how well they are meeting market demands, and how satisfied customers are with their treatment. Beyond this, by building a personal relationship with a customer, they begin to find out how much value that customer will bring to them over their lifetime. They also learn how to develop potential of those that are not bringing enough value to the company. Possibly, there is a way that the business can interact with that consumer to help change the financial path they are following. One controversial topic regarding knowing a customer's actual net value is when that value is below zero. More and more companies are working to help those ... Get more on HelpWriting.net ...
  • 27. Uniform Commercial Code Essay A new law will probably be introduced into state legislatures which will govern all contracts for the development, sale, licensing, and support of computer software. This law, which has been in development for about ten years, will be an amendment to the Uniform Commercial Code. The amendment is called Article 2B (Law of Licensing) and is loosely based on UCC Article 2 (Law of Sales), which governs sales of goods in all 50 states. A joint committee of the National Conference of Commissioners on Uniform State Laws (NCCUSL) and the American Law Institute is drafting the changes to the UCC. The UCC was drafted in the 1950's and currently governs the sales of goods but not products like software, which are licensed, not sold. Basically, when... Show more content on Helpwriting.net ... The Mass–Market License is a standard–form, non–negotiable, license. Companies use standard–form contracts instead of trying to negotiate a separate contract for each buyer, or licensee. The lengthy legal forms that most don't read when installing software are shrink–wrap licenses. These mass–market licenses restrict rights of users. Licenses involve restrictions on the use of intellectual property. They can have nondisclosure provisions, restrictions on how the product is used and who can use it, and restrictions on transfer of the licensed product. Software companies solely benefit from this where they can not only dictate the terms of the agreement, but they can also avoid consumer defect and privacy protections laws that apply to a sale of goods. An example of a typical shrink–wrap license on–line is as follows: Attention, Please Read: Installing this software constitutes your acceptance of the terms and conditions of the license agreement. Other rules and regulations of installing this software are: 1. The product cannot be rented, loaned or leased. 2. The customer shall not disclose the results of any benchmark test to any third party without Network Associates' prior written approval. 3. The customer will not publish reviews of the product without prior written consent from Network Associates. By loading any software, you may be inadvertently entering into a contract. ... Get more on HelpWriting.net ...
  • 28. Platinum Box Case Report Essay examples Executive Summary Memorandum From: Jared John Hicza Procurement Manager To: Jim Hicza Re: Selection of Supplier for Presses My recommendation is to go in for a single source and choose the supplier that we have confidently have had a relationship with, without a problem, for over a decade now. Major of Action plan: Choose JabaKing as the supplier of choice. Get an investment loan from Labour Central Credit Union @ 5.25% for next 10 years. Visit an operational facility using JabaKing's presses. Procure presses from JabaKing with appropriate people assigned duties and with proper checks in place. Commission the presses with assistance from Jabaking. Evaluate maintenance for the first three warranty years and then ... Show more content on Helpwriting.net ... That apart, even though the presses will be covered under a three year warranty, in case there is damage to even one piece of equipment during transportation, it will mean that our growth and expansion project will have to suffer a major setback and we will have to face major delays. Some positives for this supplier are that it will help us in commissioning and in case of any major breakdown, Merakuri promises us next day service, as the company has a distributor located in Regina. This in itself increases our confidence, as we know that Merakuri is a big enough fish to have its distributor in Canada. The rookie, Pnutype – A total novice in the market, this company utilizes state of art technology. The technology is so good that it produces excellent results. If Pnutype presses are acquired, it will give our company an edge over our competitors. There are a few drawbacks to Pnutype and its presses. This company has been making presses for only two and a half years. Among all of the prospective suppliers for the new presses, Pnutype has no proximal presence. Its closest presence is in the United States. Considering our top management being high level of cost consciousness, Pnutype presses are, by far, the most expensive option. It, however, has the reputation of its presses requiring zero maintenance. One company that uses Pnutype presses provided this feedback.
  • 29. See Appendix 1 for the weighted evaluation matrix. Alternatives and / or ... Get more on HelpWriting.net ...
  • 30. Questions On Accounting And Auditing Issues Introduction: After visiting the company, we found some accounting and auditing issues that come to our attention. So we prepared a memo for Mr. Kovacs as a result of our visit to make him be aware of these potential problems. Accounting issues: The owners of the company believe that WHCL will be poised to be a major player in the Canadian and the US heating and cooling markets in three years. However, after collecting information and auditing all the financial statement, we found that there is numerous issues need to be concerned for WHCL in recent years. 1. Covenants: We can notice that in the early fiscal 2000, WHCL increased its debt significantly, and the company had attached several covenants specifying that debt–to–equity ratio ... Show more content on Helpwriting.net ... But this would certainly increase the audit risk. If the company has violated the covenants, the auditor should disclose that in the financial statement. Exhibit 1 Current RatioDebt–To–Equity Ratio 19991347/895=1.505 1420/1257=1.12 20001446/1149=1.251974/1007=1.96 2. Warranty (Estimated Expense): In 1994, WHCL introduced a new model of gas furnace and these products are sold with ten–year warranties on parts and labor. Although this marketing strategy can attract more customers to buy their product, the increased long–term warranty claims will increase company's warranty expense, and lower their future profit. The most serious accounting problem for WHCL is the warranty potential liability. The increasing liability concern is because WHCL sold a new model of gas furnace with 10–year warranties in 1994. So we need to consider how much repair costs should be reported in the 2000 financial statements. As we know, cost of repairing each furnace was $150, and there are 30 claims were made. So we need to record 30 x $150=$4500 in warranty expenses in 2000 financial statement. Another problem for us is the information we currently collect cannot let us make an accurate estimate.
  • 31. Apparently, WHCL don 't want to record too much costs in current period, but the fact is they require a large amount of accrual. If the estimate is low, then the costs we ... Get more on HelpWriting.net ...
  • 32. Uniform Commercial Code 2b the A new law will probably be introduced into state legislatures which will govern all contracts for the development, sale, licensing, and support of computer software. This law, which has been in development for about ten years, will be an amendment to the Uniform Commercial Code. The amendment is called Article 2B (Law of Licensing) and is loosely based on UCC Article 2 (Law of Sales), which governs sales of goods in all 50 states. A joint committee of the National Conference of Commissioners on Uniform State Laws (NCCUSL) and the American Law Institute is drafting the changes to the UCC. The UCC was drafted in the 1950’s and currently governs the sales of goods but not products like software, which are licensed, not sold.... Show more content on Helpwriting.net ... Article 2B says that the publisher doesn’t have to show software customers the terms until after the sale, when it’s too late to do comparison shopping. By then, the consumer has already started installing the software. The customer is deemed to have accepted the terms of the contract if he/she uses the product instead of returning it. All of the terms of the agreement are now fully enforceable as if the consumer had reviewed, discussed, and signed a paper contract before the sale. Many of the shrink–wrap software licenses say that once you break the seal and use the software, you’re releasing the vendor from all warranties. Basically, the software has been sold “as is” and you’ve given up your legal recourse if it doesn’t perform as claimed, damages your computer, or has bugs that lead to errors. Under the Magnuson–Moss Warranty Improvement Act customers are entitled to see the warranty of any goods sold for $15 or more. It is not unreasonable to assume that software purchased for home usage would be covered by the Act. But software customers rarely get to see the warranties provided with software until after the sale. Article 2B characterizes mass–market software sales as licenses, which may not be covered by the Magnuson–Moss Act. Products normally come with an implied warranty of merchantability, which states that the product will be fit for ordinary use, it will ... Get more on HelpWriting.net ...
  • 33. Sample of Documents: Letter of Appointment Sample of Documents: Letter of Appointment Date : Our Ref. : LETTER OF APPOINTMENT (TO WHOM IT MAY CONCERN) We hereby certify (Name of Company), a company incorporated in the Republic of Singapore having its principal place of business at (Singapore Address of Company), (Postal Code) is pleased to confirm the appointment of: (Name of Indonesian Company) (Company / Office Address) As our Agent / Distributor (exclusive or non–exclusive) for the Territory of the Republic of Indonesia for the following e.g. Oil and Gas Equipment, Supplies and Petrochemical Products and Services: (Name and Brand of Products) In accordance to the agency / distributor agreement dated ______________________ between (Name of Singapore Company) and ... Show more content on Helpwriting.net ... VII. ORDERS/ACCEPTANCE/PRICE AND TERMS 1. All orders from Distributor are subject to approval and final acceptance by Manufacturer / Principle. Price lists to Distributor shall be as set forth in Exhibit B (as revised from time to time by Manufacturer in its sole discretion) in effect on date of shipment. For nonstandard Products which are sold to Distributor for resale, the price shall be as quoted to Distributor at time of inquiry, provided that the inquiry is within thirty (30) calendar days of order entry. Payment to Manufacturer by Distributor shall be in United States / Singapore currency. Upon the placing of order(s), Distributor shall cause an irrevocable confirmed letter of credit to be issued by a Singapore financial institution satisfactory to Manufacturer / Principle, in favor of said Manufacturer / Principle, unless another arrangement is previously approved in writing by Manufacturer / Principle. WARRANTYAND FORCE MAJEURE 1. Manufacturer / Principle warrants that all Products delivered hereunder shall be of Manufacturer's / Principle' standard quality. MANUFACTURER / PRINCIPLE MAKES NO OTHERs WARRANTIES, EXPRESS OR IMPLIED: THERE ARE NO IMPLIED WARRANTIES
  • 34. INCLUDING WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Manufacturer / Principle shall not be liable for damages resulting from delays in shipment or inability to ship due to normal ... Get more on HelpWriting.net ...
  • 35. Liability In Practice: Superkool Selling Use Products Liability in Practice SuperKool selling their use product "as–is" the company is asking the buyer it give up implied warranty of merchantability (Liuzzo, 2010). The implied warranty exists whether or not the seller says it or puts it in writing, unless you give up this warranty. The time frame for an implied warranty last no longer than four years. Other types of warranties that might apply under statute or common law are the warranty of fitness for a purpose, this applies when a buyer buys merchandise on the seller's recommendation it is suitable for a specific use ("implied warranty of fitness," 2014 For example a customer is looking to buy a lawnmower that collect the cut grass as it mows. The seller person recommends a lawnmower and helps customer pick one out , then there is an implied warranty that the product can be used for that purpose and will work the way the customer need t it to. If you do rely on the seller's knowledge, this warranty exists whether or not the seller puts it in writing ("implied warranty of fitness," 2014). ... Show more content on Helpwriting.net ... In the case of SuperKool, the product is sold "as is," no warranty sale means exactly what it says. You accept the product in the condition in which it is in at the time of sale and the seller has no duty to take refund or fix the merchandise after sale. In addition implied warranty can be relinquished without signing anything, if the buyers abused or misused, or is not properly maintained merchandise or wears out over time under normal use or the instructions are not followed(Liuzzo, ... Get more on HelpWriting.net ...
  • 36. The Pros And Cons Of Breach Of Warranty Everyday billions of consumers purchase products across the entire world. As natural consumers, this is a way to buy things that are seen as beneficial for whatever the reason may be. This could include benefitting one's health or well–being or simply meeting personals wants and needs. In the United States, buying and selling products is so common that many underlying factors of what goes into the process go unnoticed, up until something goes wrong. As a consumer, you naturally expect that what you are buying is 100% safe, secure, and authentic because most of the time this is the case. However, for the times when something does go wrong, it is important to know the legalities of product liability as both a producer and a consumer. "Product liability is the legal liability manufacturers and sellers have for defective products that cause injury to the... Show more content on Helpwriting.net ... The term also covers a failure of a statement or agreement by a seller of property which is a part of the contract of sale, when the truth of the statement is necessary to the validity of the contract (USLegal, 2007)." Breach of warranty claims come in two forms– an express warranty or implied warranty. An express warranty is one that is explicitly stated from the manufacturer or seller to the consumer. Most express warranties are made in written statements, warning stickers, informational tags, etc. Although, an advertisement or a product sample that demonstrates how the product is properly used may also be used to make an express warranty claim (Rottenstein Law Group, 2010). Contrary to this, an implied warranty is not explicitly stated. Instead, an implied warranty is based on the reasonable expectations of the buyer. For example, when a shopper buys a lamp, they expect it to light up the room without the lightbulb getting so hot that it starts a fire. This would be a reasonable expectation of the ... Get more on HelpWriting.net ...
  • 37. The, An Idea Thought Of By Steven Harris Background: DoorGuard, an idea thought of by Steven Harris, which protects the side of your car from accidental dents that occur in parking lots all across the world. Harris's idea of a product that helps prevent dents in the side of car doors is a very simple idea that many individuals would never have thought to create, and the DoorGuard product would seem to have many buyers who are looking to help protect their new/used cars. The thought of having a giant piece of removable foam on each side of an individual's car has its benefits, and its disadvantages. The strong points of DoorGuard would obviously be the face that it protects the side of an induvial car from unwanted accidental dents that occur when another individual either parks to close to one, or someone who is reckless. On top of preventing dents, DoorGuard is easy to place on the side of car doors, and is easy to dismantle and store away. The protection DoorGuard would bring to one's car comes with some weaknesses. One weakness that seems to stick out is the fact that DoorGuard is a giant foam pad that rests on the side of one's car doors. Many consumers would not like the look of DoorGuard with its big appearance which is good for advertising, but some people would like a product that is minimal and blends in with their cars color. If theft is attempted on the DoorGuard, the cable that goes into the door to keep it from easily getting stolen would tear the panel, thus, ruining the product for the person ... Get more on HelpWriting.net ...
  • 38. Car Sales : A Car Market For Vehicle Sales Fine Print There is a need to own a vehicle just as the majority of the consumer population, due to managing a fixed schedule, long distances and lack of public transportation. Auto dealers make all and any promises to sell the consumer a vehicle, since they have an abundance of used and new vehicles at hand. Unfortunately, many desperate people who are in need of a vehicle tend to be easily enticed by the auto advertisements and will sign for anything just so they can get a vehicle. Auto dealers intentionally mislead their audience continuously. The United States is the world's second largest market for vehicle sales (citation). Car dealers are in business to make money, however, the ambiguous car sale advertisements continue to deceive consumers. Auto dealers advertise using multiple ways, such as television commercials, printed ads in newspapers and magazines, and local radio broadcasting. As the consumer actually goes in the dealership, and start the process of financing, they find out for themselves that their interpretation of the commercials is not accurate. There are many factors that can make or break a vehicle purchase for a buyer; there are laws that auto dealers are to abide by, for example. Ultimately the comprehensive information of what's being advertised will be displayed in fine print on the television commercials, printed ads, and rapidly muttered on radio stations. Car dealerships are intentionally misleading their audience, so they can get the consumer ... Get more on HelpWriting.net ...
  • 39. Snt Legal Essay Sierra Nevada Trees Inc. Legal Analysis Consequential Damages Disclaimer: The disclaimer that protects Sierra Nevada Trees Inc. from liability in a claim for consequential damages contained in the purchase order acknowledgement is part of the agreement with Burger Ranch Inc. Burger Ranch Inc. accepted the terms of the offer and there was proper performance by both parties. As stated in the Gould Commercial Code Section 2–207 subsection 1, "A definite and seasonable expression of acceptance or a written confirmation which is sent within a reasonable time operates as an acceptance even though it states terms additional to or different from those offered or agreed upon, unless acceptance is expressly made conditional on assent to... Show more content on Helpwriting.net ... Simon, the manager of the damaged Burger Ranch, inspected the tree, was satisfied with the tree, initialed the receipt, and paid the $150 for the tree. These facts definitively imply that the buyer did accept the goods after he had a reasonable opportunity to inspect it and then made the judgement that it conformed to their satisfaction, therefore legally accepting the goods. The buyer may contend that regardless of these facts, the disclaimer clause of the purchase order acknowledgement represents a "material alteration" to the original contract and therefore would not become part of the contract as per Gould Commercial Code Section 2–207 subsection 2, "The additional terms are to be construed as proposals for addition to the contract. Between merchants such terms become part of the contract unless: a. The offer expressly limits acceptance to the terms of the offer; b. They materially alter it; or c. Notification of objection to them has already been given or is given within a reasonable time after notice of them is received." Despite this contention, ... Get more on HelpWriting.net ...
  • 40. A Report On Cardinal Ventilation Cardinal Ventilation (hereafter known as "Manufacturer") offers a standard fifteen (15) year warranty to both our residential and commercial customers. Manufacturer herein warrants its solar powered ventilation product(s) to be free from defects in workmanship, parts and/or materials as defined below for a period of fifteen (15) years from the date of installation. Manufacturer's warranty is a full component (parts) warranty (motor, solar panel, and fan housing) and shall not cover any labor expenses that may be incurred by the customer. The following definitions shall be apply as used in this warranty statement: The term "Defects" is defined as imperfections that impair the functionality of the product. The term "Residential" is ... Show more content on Helpwriting.net ... If a Residential Customer chooses to upgrade their warranty, the terms of Manufacturer's warranty shall be extended from the standard fifteen (15) years, to a term period that shall remaining in effect for as long as the end–use Residential Customer owns the property where the product is installed. All other conditions set forth in this agreement shall remain unchanged by the warranty upgrade option. Commercial Customers shall not have the option for upgrading to a "limited lifetime warranty". Manufacturer's warranty is extended to the original end–use Customer only and only to that Customer whose name, address, and contact information appear on the original online registration. Warranty registration shall only be deemed valid when registered information provided for the Residential or Commercial Customer has been provided in full (installation address, property owner information, product model, and installation date) as requested on Manufacturer's online warranty registration form. Warranty is explicitly not extended to the sales agent, dealer, distributor, or installer of the product. Manufacturer's warranty which is extended to either Residential or Commercial Customers is non–transferable. Warranty is only valid for the original registered end–use Customer and the original registered location where the product was installed. No other party or entity, including, without limitation, subsequent ... Get more on HelpWriting.net ...
  • 41. Conditions & Warranty INTRODUCTION: The Sales of Goods Act 1893 provides the definition of 'condition' and 'warranty'. During the period between 1893 to 1962 both 'condition' and 'warranty' was generally accepted that they were the only two types of terms which assist in 'identifying the breaches which entitled the injured party to terminate the contract. In the turning point of 1962, a new type of term–intermediate term brought about a whole new page into the Law of Contract. Hong Kong Fir Shipping Co. Ltd vs Kawasaki Kisen Kaisha Ltd is the key case which owns the credit for this discovery. In the case, the ship owner hired out the Hong Kong fir, 'being in every way fitted for ordinary cargo service'. The ship was delivered on 13 February 1957, sailing ... Show more content on Helpwriting.net ... In case of a breach the party at fault is liable to pay compensation Section 12(1) of the act state that, "A stipulation in a contract of may be a condition or a warranty" explaining that all terms and stipulations of the contract of sale are not of equal important and also of same consequences, however, some of terms are so vital to the contract that their failure to fulfil would cause breach of contract as a whole. Such terms are known as "Conditions". Further, a term which are not of so vital importance is known as "Warranty". Under Section 12(4) which provides that "whether a stipulation in a contract of sale is a condition or a warranty depends in each case on the construction of the contract. A stipulation may be a condition though called a warranty in the contract". Therefore, every contract is to be assessed in the light of circumstances including intention of the parties and also terminology used in the construction of the contract. CONDITIONS: Section 12(2) of the act defines a condition as "a stipulation essential to the main purpose of the contract, the breach of which gives rise to a right to treat the contract as repudiated." Conditions is called an 'express condition' when a condition is expressed clearly in writing. A condition is a stipulation essential to the main purpose of the contract. It is very vital to the ... Get more on HelpWriting.net ...
  • 42. 1.Do The Company Have Any Particular Target Audience?. 1.Do the company have any particular target audience? Ans: Yes, the audience is IT Companies majorly, and also, small businesses, homes, schools. 2.What behaviors and preferences do the target buyers have, if any? Ans: The target audience behaves differently in each case. Companies prefer an upgrade to the existing system, or repairs, but homes and schools prefer new computers i.e. Replacement. 3.What are the marketing mediums through which the company plan to market their products? Ans: Hoardings, Flyers, Radio and Website. 4.Do the company have any monthly sale targets to adhere to? Ans: Yes, the company do have monthly sale targets and asales / month tracker should be installed to monitor the sales. 5.Out of all the products ... Show more content on Helpwriting.net ... Services and repair department 1.How many individuals currently fielding service calls? Two individuals 2.What happens if no one is present to answer call? If no one is present to answer phone calls, they can leave a message and someone will get back to them as soon as possible. If call involves a high priority issue, the caller could contact the service technician supervisor via cell # provided on VM. 3.Is there a process in place for incoming calls received during lunch hours? Calls received during lunch hours go to VM where caller could leave a detailed message. Supervisor is reachable via cell phone. 4.How are after hours calls to the service department handled? After–hours calls are sent to the service supervisors' phone for review. Supervisor reviews details of call, then places it in the respective technicians work queue 5.How is service technician assigned to service request?
  • 43. Usually it is on a first come, first serve basis. However, if the call involves work that is a bit advanced, then the senior technician is dispatched. 6.If requesting service repair, what must an individual provide to the service personnel answering the phone? Necessary details include Name of company, service location, and contact information, detailed description of the issue they are currently experiencing, and the product requiring ... Get more on HelpWriting.net ...
  • 44. Technical Consulting Agreement Is Made Effective Technical Consulting Agreement This Technical Consulting Agreement is made effective as of October 04, 2015, by and between Skynous Consulting Services, of 5032 Water Vista Drive, Orlando, Florida 32821, and ProSoft Consulting Services, of 2130 Mane Drive, Orlando, Florida 32821. In this Agreement, the party who is contracting to receive services shall be referred to as "Skynous", and the party who will be providing the services shall be referred to as "ProSoft". ProSoft has a background in IT infrastructure evaluation and is willing to provide services to Skynous based on this background. Skynous desires to have services provided by ProSoft. Therefore, the parties agree as follows: 1)DESCRIPTION OF SERVICES. Beginning on October 18,... Show more content on Helpwriting.net ... b)Survey Skynous staff, structure, and association, and recognize ranges for basic change. While Skynous will engross proposals for new staff positions, the organization 's financial plan is restricted and the inclination is to abstain from including positions. Skynous is additionally keen on adding to a stock of the current/fancied abilities, with the goal that Skynous can distinguish needs and plan for preparing. c)ProSoft should incorporate suggestions for routine reinforcements and recuperation, including recuperation including a circumstance in which a building would be unusable. d)Several large applications used by specific departments are slated for purchase or upgrade in the next five years. Skynous would like to explore options for acquiring these applications including their priority and the possible participation with comparable regional systems. Prosoft should provide solutions for this. e)ProSoft should audit Skynous's present Charge–back and Equipment Replacement methodology and billings. Capable administration requires the accessibility of stores to swap both equipment and programming for expansive and little frameworks. As of now, just equipment has a set up wellspring of substitution financing. Proposals ought to oblige another biennium spending plan process. 2)DELIVERABLES a)ProSoft should provide a five–year strategic plan addressing the topics listed above and any others identified in the process of ... Get more on HelpWriting.net ...
  • 45. Car Warranties Car Warranties Manufacturer or Factory Warranties Manufacturer or factory warranties help maintain the new car and are included in the purchase price. But, the customer must carefully read the fine print. Understanding what the warranty covers is crucial. A warranty or service contract is a promise to perform or pay for the listed repairs or services. Car dealers have various categories and types of warranties –– and the names or titles are not the same from one dealer or manufacturer to another. But, for the most part, there are two major types of manufacturer warranties. There is the "bumper to bumper" warranty. Unfortunately, this warranty is not nearly as comprehensive as the name suggests. Various components that deteriorate, because of wear and tear like brake pads and tires, are excluded. In addition, labor costs are excluded. Another major type of warranty is the "Powertrain" warranty. This warranty lasts longer than a "bumper to bumper" warranty but the coverage is usually limited to an even shorter list of items. The list normally includes the various components of a car's engine and transmission. Buying A Demo A normal demo car, even though it has not been owned, leased, or used as a rental –– but has been used in short drives by potential customers –– may not... Show more content on Helpwriting.net ... Normally, new cars come with a manufacturer's warranty for at least three years and up to at least 36,000 miles –– whichever comes first. Any service contract, prior to the expiration of the manufacturer's warranty, would only have value if it covers items not otherwise covered. Don't pay twice for the same coverage. Plus, if the manufacturer warranty coverage is longer than the customer expects to own the car, then it makes little sense to buy an extended warranty or an extended service ... Get more on HelpWriting.net ...
  • 46. Essay on Case Study TransAmerica Oil Corporation v. Lynes, Inc & Baker International Corporation Case Brief Issue: This is a case of breach of an express warranty, subsequent decision, and appeal in the State of Kansas and the issue is whether or not breach of an express warranty warrants an award of damages under the Uniform Commercial Code. Facts: Harold Brown, TransAmerica's president, purchased 10 production injection packers typically used for temporary purposes, but advertised as a permanent solution. With most shipments, an invoice was included that contained language disclaiming express or implied warranties and limiting the purchaser's remedies. The statute of limitations pursuant to this case is four years. Under Kansas law, ... Show more content on Helpwriting.net ... The jury had only to determine whether the advertising and oral statements by Spencer constituted express warranties that the packers would work properly in open holes. The jury awarded TransAmerica $196,577.62 based on a claim of breach of expresswarranty. Reasoning/Analysis: In the debate as to whether or not the three–year statute applies, В§ 60–512 comes into play. If it applies, the plaintiff's claims are excluded. If В§ 84–2–725, four–year statute applies, the plaintiff's claims are timely. This case involves a sale of goods within the meaning of the UCC, Kan Stat Ann §§ 84–2–102, 84–2–105, and 84–2–106. Therefore the four–year statute applies and the claim is timely. Under Kansas law an express warranty may be created by "any affirmation of fact or promise made by the seller to the buyer which relates to the goods and becomes part of the basis of the bargain" or "any description of the goods which is made part of the basis of the bargain creates an express warranty that the goods shall conform to the description." Lynes Inc and Baker argue that the descriptions and statements made by the sales associate, Spencer, were opinion only and insufficient to create an express warranty. Brown testified that Spencer assured him that the packers were suitable for permanent use. This statement if believed is sufficient to
  • 47. support the finding of an express warranty. Under Kansas law, ... Get more on HelpWriting.net ...
  • 48. General Motors ( Gm ) Facts: General Motors (GM) recalled about 3 million worldwide of their small cars due to faulty ignition switches, which shuts off the engine while driving, thus preventing the airbags from inflating in case of an accident. General Motors paid compensation for 124 deaths, this fault had been know to GM for at least a decade prior to the recall being declared. Since GM is a big automobile manufacturer, the party directly affected would involve mainly consumers who purchased vehicles from a GM dealer. A second subsidiary party would be dealers, who purchased these cars for resale. But an even more threatening party would be federal and state. These cars could be purchased by anyone thus making the risk even greater, because not only was ... Show more content on Helpwriting.net ... General motors could try to counter dispute this by alleging to the purchasers were contributory negligent by having more weight on the ignition switch, which possibly was the reason why the ignition switch moved and shut off the engine. This would probably be annulled by the court because GM has a responsibility to provide a save product for the purchasers. Secondly, this would apply to implied warranty of merchantability. The buyer purchased the car for its ordinary use, which is to drive the car and for it to work properly but most of all to be safe. It was not purchased with the intention of having the car turn off and be a hazard for everyone inside the vehicle or to the outsiders. GM's responsibility was to produce these vehicles for their ordinary use, which is to perform like the rest of the vehicles in a safe manner. GM could dispute this by alleging assumption of risk. It is reasonable and foreseeable to assume that people could have accidents while driving, just as it happens with other vehicles. Although the court could reject this because it is reasonable and foreseeable to assume people will have accidents, but it is not reasonable to assume that the airbags will not deploy causing many deaths and injuries. A third cause of action would be fraud. This is a deliberate deception to secure unfair or an unlawful gain. General Motors sold the vehicles knowing that they had faulty ignition switches. ... Get more on HelpWriting.net ...