Fair Trade Degree Essay Example | Topics and Well Written Essays - 1000 words

Fair Trade Degree - Essay Example While the banks do not accept that the unfairness rules of the Unfair Terms in Consumer Contract Regulations apply, the OFT argue that such rules apply. A swift determination of this issue will assist expeditiously resolve the fairness issue of these charges.2 The 1999 Regulations, implementing the Directive, revoked and replaced the Unfair Terms in Consumer Contract Regulations 1994. The 1999 Regulations apply in relation to terms in contracts concluded between a seller or a supplier and a consumer (Regulation 4(1)). Regulation 5(1) provides: "A contractual term which has not been individually negotiated shall be regarded as unfair if, contrary to the requirement of good faith, it causes a significant imbalance in the parties' rights and obligations arising under the contract, to the detriment of the consumer." Regulation 5(5) provides that Schedule 2 to the 1999 Regulations contains an indicative and non-exhaustive list of the terms which may be regarded as unfair. Regulation 8(1) provides that an unfair term in a contract concluded with a consumer by a seller or supplier shall not be binding on the consumer. Regulation 8(2) provides that the contract shall continue to bind the parties if it is capable of continuing in existence without the unfair term. The only material exception to the applicability of the test of fairness set out in 1999 Regulations is contained in Regulation 6(2) relating to what are called, for short, "core terms": "In so far as it is in plain intelligible language, the assessment of fairness of a term shall not relate- (a) to the definition of the main subject matter of the contract, or (b) to the adequacy of the price or remuneration, as against the goods or services supplied in exchange". Banks enter into personal current account agreements with their customers who are consumers, containing the terms and conditions relating to the operation of those current accounts by such customers. In so far as any of these terms and charges are contained in documents which are described as notices to, guides to, or communications with, customers, they are nevertheless to be considered as terms of a contract between the Bank and its customers for the purposes of the 1999 Regulations, whether or not they are described as terms or as "policies of the bank" or as anything else. The Banks' current account agreements typically provide or provided for three types of payments to be demanded from customers in connection with unauthorised overdrafts: A fee charged by Banks: (a) when a customer seeks to operate his current account in a way that will result in the account being debited despite there being insufficient available funds to support the debit but the Bank nevertheless agrees to ef fect payment, causing the account to go into overdraft or further overdraft, or to exceed, or further exceed, an already agreed overdraft limit; when a customer moves into or is in an unauthorised overdrawn position within a specified period. A returned item fee, e.g. as in the previous case, a cheque is presented but in this case the Bank declines to authorise payment because there are insufficient funds, and the cheque has to be returned to the payee marked "R/D" or "RDPR" or "Effects uncleared". An increased rate of interest charged on unauthorised overdrafts granted in the circumstances set out above. The provisions in the

Deviant behavior within cults Essay Example | Topics and Well Written Essays - 2500 words

Deviant behavior within cults - Essay Example According to an estimate some three thousand (3,000) of such cults have been reported to exist all over the world with a total population of at least three million people attached to them as their followers. The secret religious ceremonies in Greek were technically called the Mysteries. The history of Mysteries is traced back to the days of ancient Greece in the year 600 B.C. when in a Greek city Eleusis, the people practiced a cult of Eleusinian Mysteries. Those Greek who practiced this cult, which involved the worship of Demeter, the goddess of fertility, were promised blessings in the life hereafter. In ancient Rome the group, comprising mostly of soldiers, and belonging to the 'Mithraism Cult' also practiced Mysteries. The members of this cult worshipped the god of fire and light called Mithra. (Raitt, Jill., n.p.n.d.) It was not easy to become a member of a cult in ancient times. Before their admittance into a particular cult, people had to undergo rigorous tests of their patience and staunch adherence. Some of the steps and mechanism involving induction of new members into the cult included: 2. The new entrants then take an oath and pledge for their adherence to the cult so as to become permanent member. The members develop a sense of belonging to that particular cult whose membership they attain. The followers of the cult then begin to imbibe within them the characteristics of cult, their mentality converting into strong allegiance to the group as denoted by the phrase "Us vs Them" 3. Belief of the members: Members gradually are made to develop a belief that it is only they or their group which is on the path of truth. And the other forms of truth as described in other various divinely religions become meaningless to them. The process of operative exclusivists comes into play allowing awareness of several unrevealed dogmas and special information only to those who are interested and proved their loyalty within the group. 4. The natural outcome of this belief is the segregation of such a group from the existing society. The feelings of hostility for other members of society who are not members of such a cult are emanated from the process of indoctrination from cult's beliefs. 5. Self-negation: Cults demand sacrifice of personal wishes, desires or wishes from its members. It is through the practice of this principle of self-negation that members exhibit willingness to sacrifice their self-comfort, getting along without money, and crushing their ambitious dreams for fulfilling cults motives and the so-called salvation The Modern Cults As the time passed, the meaning of cult underwent a change especially after 1960s. The new definition

Most effective Leadership & Management Styles & approaches Coursework

Most effective Leadership & Management Styles & approaches - Coursework Example Guiding the work of subordinates and subsequent organizational success requires good knowledge and espousing the dissimilarity between management and leadership. Differences of the models emanate from ascribed roles and expectations. Management is a function that entails frameworks for performing things right whereas leadership is the affiliation that the leader has with groups that can inspire and strengthen the business. In this regard, Managers are enablers of their subordinates’ accomplishment. They provide necessary inputs for productive and successful teams. Managers perform crucial roles of planning, controlling, commanding and coordinating followers. Good management skills offer the transition to participative and consultative operations (Adeniyi, 2010, pp. 64). Managers are rational characters and usually under control problem solvers. Quite often, they concentrate on personnel, goals, structures, and resource availability. Unique personalities of managers include persistence, analysis, strong will, and intelligence. Managers focus on supervising work by controlling subordinates. Most common managerial styles include dictatorship, Autocratic, Authoritative, Transactional Consultative and Democratic approaches to handling situations. Thus, far managing a group requires keen analysis of components and devising appropriate responses. Contrariwise, a leader is anyone among team members with a particular talent, creativity and experience in a certain part of the business. They usually guide colleagues based on capabilities and prove useful to the manager and the team. Good leaders exhibit excellent skills like participative, consultative and transformational approaches while handling followers (Adeniyi, 2010). Their sole focus is an achievement of goals. Effective leaders understand that there is no single best style to manage people. In its place, they acclimatize their

Audiometry Lab Report Example | Topics and Well Written Essays - 500 words

Audiometry - Lab Report Example It also assists in assessing the nature, degree, and probable cause of the hearing impairment of s patient. The pure tone audiometry is used in determining the threshold of hearing of the patient. This is defined by the lowest hearing level at which the patient responds at least 51% of the time to auditory stimuli. These thresholds are found using procedures as recommended by the American Speech-Language-Hearing Association. Pure tone threshold testing should be handled in a sound controlled room. This will help in avoiding masking by unacceptable noise levels in the room. An audiogram is composed of three main parts namely, pure tone testing that determines ability to detect sound, and speech testing determines ability to decode sound, and tympanometry which helps in defining where the problem is. The normal hearing ability ranges between 10 - 25 dB HL while for serve cases it ranges between severe 70 - 85 dB HL. For the first patient, the left ear, frequencies between 0-2000(Hz), the hearing ability ranges between -20—50dBHL. As the rate increases past 2000 Hz, the hearing ability increases from -30 to -10 dBHL. However, when the rate hits past 4000 Hz, the hearing ability decreases to -36 dBHL. On the other hand, the right ear, the hearing ability increases gradually except when the frequency reaches 250-500 Hz where the hearing ability remains constant. However, this shows the right ear has a better listening ability. For the second patient, the hearing ability varies between different frequencies. In the left ear, the hearing ability increases between 250-2000 Hz. However, when the frequency goes past 2000 Hz, the hearing ability starts to decrease. This illustrates that when sound frequency goes beyond 2000 Hz, the hearing ability of the left ear becomes null. However, for the left ear, the hearing ability increases. The majority of thresholds are roughly 0 dB HL for a healthy ear. Points under 0 dB HL on the scale designate

Most effective Leadership & Management Styles & approaches Coursework

Most effective Leadership & Management Styles & approaches - Coursework Example Guiding the work of subordinates and subsequent organizational success requires good knowledge and espousing the dissimilarity between management and leadership. Differences of the models emanate from ascribed roles and expectations. Management is a function that entails frameworks for performing things right whereas leadership is the affiliation that the leader has with groups that can inspire and strengthen the business. In this regard, Managers are enablers of their subordinates’ accomplishment. They provide necessary inputs for productive and successful teams. Managers perform crucial roles of planning, controlling, commanding and coordinating followers. Good management skills offer the transition to participative and consultative operations (Adeniyi, 2010, pp. 64). Managers are rational characters and usually under control problem solvers. Quite often, they concentrate on personnel, goals, structures, and resource availability. Unique personalities of managers include persistence, analysis, strong will, and intelligence. Managers focus on supervising work by controlling subordinates. Most common managerial styles include dictatorship, Autocratic, Authoritative, Transactional Consultative and Democratic approaches to handling situations. Thus, far managing a group requires keen analysis of components and devising appropriate responses. Contrariwise, a leader is anyone among team members with a particular talent, creativity and experience in a certain part of the business. They usually guide colleagues based on capabilities and prove useful to the manager and the team. Good leaders exhibit excellent skills like participative, consultative and transformational approaches while handling followers (Adeniyi, 2010). Their sole focus is an achievement of goals. Effective leaders understand that there is no single best style to manage people. In its place, they acclimatize their

Email Messages from the Business Consultant Coursework

Email Messages from the Business Consultant - Coursework Example More importantly, it will improve the productivity of the company, while still guaranteeing an excellent channel for saving the overheads of your company. At your company, 20 percent of your workers do the work of compiling data, drafting reports, and conducting research, which is a core area in the company’s role of developing new product development models and analysing product flow. This area of work requires the staffs of the company to work for more than 8 hours uninterrupted. For that reason, the company’s current work schedule analyzing posing them to the interruptions of visitors at the company building and the telephone calls to answer; it is likely that the company of unfinished weekly jobs will not end soon. This is to imply that requiring your workers to operate from the office may be doing more disadvantage, and that situation can easily be corrected by a change of work strategy and schedule. By allowing the 20 percent of the workers doing work that can be completed remotely, at locations where the workers have access to a computer and a reliable internet connection, it is likely that they will improve their daily and weekly output. The program of telecommuting for the 20 percent of workers can be very useful during the mid-week days, including Tuesday, Wednesday and Thursday, because they will collect the week’s work on Monday evening. After collecting the week’s target work bulk, they will be more likely to complete it by Thursday night, and then they will tender in the completed work for report taking and clearance on Fridays. Further information about the advantages, the checks to use and the employee management model to use, will be sent as attachments to the official e-mail sent to you; a copy was sent to the managing director of your company.  

Import and Export Essay Example for Free

Import and Export Essay Physical Exports: If the goods physically go out of the country or services are rendered outside the country then it is called as physical export. Deemed Exports: Where the goods do not go out of the country physically they can be termed as deemed exports. This will be subject to certain conditions as prescribed by the DGFT. Under Deemed Exports, the goods may be supplied to the manufacturer exporter who ultimately export a finished product of which this supply forms a part and ultimately go out of the country. E.g.  Supply of fabrics to the garment exporter who exports the garments made out of the said fabric. The government may announce from time to time the types of supplies that may be considered as deemed export. The Foreign Trade Policy gives the list of supplies considered under the Deemed Export Category. The policies and procedures are different for Physical Exports and Deemed Exports as also the benefits available. In a nutshell, Deemed Exports do not enjoy all the benefits that are available under Physical Export. The Foreign Trade defines exports as taking out of India any goods by land, sea, air. Although the act does not term them as â€Å"Physical Exports†, we have to put phrase to distinguish it from â€Å"Deemed Exports† which is sales in India but considered as exports for limited purpose. Types of Exporters: Exporters can be basically classified into two groupsManufacturer Exporter: As the exporter has the facility to manufacturer the product he intends to export and hence he exports the products manufactured by him. Merchant Exporter: An exporter who does not have the facility to manufacture an item. But, he procures the same from other manufacturers or from the market and exports the same. An exporter can be both a manufacturer exporter as well as a merchant exporter, he can export product manufactured by him or he can export items bought from the market. Once it is decided to export, it is mandatory on your part to follow certain procedures, rules and regulations as prescribed by various regulatory authorities such as DGFT, RBI, and Customs. These procedures, rules and regulations are laid down in the Exim Policy 2004-09, Exchange Control Manual, Customs Act etc. Accordingly Export documents are required to be prepared keeping in view of the requirement of the foreign buyers and our regulatory authorities. INCOTERMS 2013 What Incoterms Rules Are 11 terms of shipment and delivery provided by the International Chamber of Commerce for use in contracts for the business-to-business sales/purchases of tangible, portable goods, for implementation 1/1/11. Legacy to a long tradition of international use since 1936. Written to reflect rather than dictate trade practice. Always abbreviated by a three character English language acronym. Always accompanied by a geographic place the more precise the better. Updated to reflect current trade practice Used exclusively in sales/purchase contracts (we’ll call these â€Å"sales contracts†). Increasingly considered as a replacement for the former Uniform Commercial Code shipment and delivery terms (UCC §2-319 through  §2-324) What Incoterms Rules Aren’t Law. They must be specified in order to apply. All inclusive cannot address such issues as customary operations of carriers, ports, trades, government regulations, etc. What Incoterms Rules Do Divide costs, risks and responsibilities between sellers and buyers. ï‚ · Guide one or the other party into subsidiary contracts required to fulfill designated tasks such as contracts of carriage and contracts of insurance. What Incoterms Rules Don’t Do Address passage of title. Address recognition of revenue. Address remedies for breach of contract. Address more than one contract. (drop shipments) Refer to â€Å"ship’s rail† which changes the delivery point for FOB, CFR, CIF. Incoterms ® is a registered trademark of the International Chamber of Commerce, registered in several countries and used with permission. Definitions Delivery: indicates where the risk of loss passes from seller to buyer. Shipment contract a type of sales/purchase contract under which the seller’s responsibility ends when the contract goods have been handed over to a carrier (i.e., the seller delivers by shipping). EXW, FCA, FAS, FOB,  CPT, CIP, CFR and CIF Incoterms rules are used in shipment contracts. Arrival contract: a type of sales/purchase contract under which the seller’s responsibility ends when the goods have arrived at the agreed place (i.e., the seller delivers when goods arrive). DAT, DAP and DDP Incoterms ® rules are used in arrival contracts. Liner terms: carrier loads and unloads vessel (used with waterborne transport). Ex Works (EXW) + Named Place (place where the shipment originates usually the seller’s premises) Breakdown:  Seller: have goods available when promised and packaged to the extent known or agreed. Buyer: everything else (pre-carriage, export clearance, main carriage, import clearance, on-carriage) Free Carrier (FCA) + Named Place (either place where shipment originates usually the seller’s premises or another place on the seller’s side.) Breakdown: A) When accompanied by the place where the shipment originates Seller: have goods available when promised, packaged to the extent known or agreed, load collecting vehicle, export clearance. Buyer: everything else (pre-carriage, main carriage, import clearance, on-carriage) B) When accompanied by another place on the seller’s side Seller: have goods available when promised, packaged to the extent known or agreed, load delivering vehicle, pre-carriage, export clearance. Buyer: everything else (unload delivering vehicle, main carriage, import clearance, on-carriage) Carriage Paid To (CPT) + Named Place (on the buyer’s side) Breakdown: Seller: deliver the goods appropriately packaged to the carrier for transportation to the named place of destination and pay all transport costs thereto. (The seller delivers at the first carrier unless specified otherwise in the sales contract.), export clearance. Buyer: unloading, import clearance, on carriage Carriage And Insurance Paid To (CIP) + Named Place (on the buyer’s side) Breakdown: Seller: as with CPT except seller must also provide at least minimum cover insurance in such a manner that the buyer can claim directly from the insurer Buyer: unloading, import clearance, on carriage Delivered At Terminal (DAT) + Named Place (terminal on buyer’s side) Breakdown: Seller: export clearance, deliver the goods appropriately packaged and unloaded at the named destination terminal and pay all transport costs thereto. Buyer: import clearance, on carriage Delivered At Place (DAP) + Named Place (on the buyer’s side) Breakdown: Seller: export clearance, deliver the goods appropriately packaged at the named destination and pay all transport costs thereto. Buyer: unloading, import clearance, on carriage Delivered Duty Paid (DDP) + Named Place (on the buyer’s side) Breakdown: Seller: export clearance, deliver the goods appropriately packaged and cleared for import at the named destination and pay all transport costs thereto. Buyer: unloading, on carriage Free Alongside Ship (FAS) + Named Place (alongside a vessel at port on the seller’s side) Breakdown: Seller delivers goods appropriately export packed alongside the buyer-designated vessel at the port on the seller’s side, export clearance. Buyer: everything else (vessel loading, main carriage, import clearance, on carriage) Free On Board (FOB) + Named Place (loaded on a vessel at a port on the seller’s side) Breakdown: Seller delivers goods appropriately export packed on board the buyer-designated vessel at the port on the seller’s side, export clearance. Buyer: everything else (main carriage, import clearance, on carriage) Cost And Freight (CFR) + Named Place (a port on the buyer’s side) Breakdown: Seller delivers goods appropriately export packed on board the seller-designated vessel at the port on the seller’s side and pays transportation costs to the agreed port on the buyer’s side, export clearance. Buyer: everything else (vessel unloading import clearance, on carriage) Cost Insurance And Freight (CIF) + Named Place (a port on the buyer’s side) Breakdown: Seller: as with CFR except seller must also provide at least minimum cover insurance in such a manner that the buyer can claim directly from the insurer Buyer: everything else (vessel unloading import clearance, on carriage) CASE STUDY: You are the exporter. Your factory is situated 100 km from the port. Products can be moved by rail to port for loading, port facilities are good. Insurance is easily arranged. Your country is stable. Ships are available for shipment. What delivery terms would you suggest for sales of your product for the following countries. Country A: Good infrastructure Efficient inland transportation Known for labor dispute Country B: Excellent inland transportation Port congestion from 10 to 90 days Country C: Good port facilities Efficient inland transportation Buyer not reliable Country D: None of the above disadvantages Country is stable Buyer is reliable SHIPPING DOCUMENTS SELLER Invoice: includes value of the cargo, details related to payment, customs duties, insurance claims, declaration of permits and L/C negotiations Types of invoices: †¢Ã‚  Commercial invoice †¢Ã‚  Proforma invoice †¢Ã‚  Consular invoice †¢Ã‚  Customs invoice †¢Ã‚  Non-commercial value invoice Packing list: This statement gives the packing details of the goods in prescribed format. It is very useful document for customs at the time of examination and warehouse keeper of the buyer to maintain a record of inventory and to effect delivery. Essential contents: †¢Ã‚  Description †¢Ã‚  Measurement †¢Ã‚  Quantity Certificate of origin: The certificate issued by local chamber of commerce indicates that the goods which are being exported are actually manufactures in a specific country mentioned therein. It is sent by the exporter to the importer and is useful for clearance of goods from the customs authority of importing country. CARRIERS Bill of Lading (B/L): The document issued by shipping company acknowledging the receipt of goods mentioned in the bill for shipment on board or vessel. The B/L is the legal document to be referred in case of any dispute over the shipment. B/L can be a negotiable document. It contains: †¢Ã‚  The shipping companys name and address †¢Ã‚  The consignees name and address †¢Ã‚  The port of loading and port of discharge †¢Ã‚  Shipping marks and particulars †¢Ã‚  Number of packages and goods †¢Ã‚  Gross weight and net weight †¢Ã‚  Freight details and name of the vessel †¢Ã‚  Signature of the shipping companys agent  Common types of B/L †¢Ã‚  Clean  dirty  stale †¢Ã‚  Through/Tran-shipment †¢Ã‚  Combine transport †¢Ã‚  Master †¢Ã‚  House Airway Bill: The receipt issued by Airlines Company or its agent for carriage  of goods is a contract between the owner of the goods and the carrier. It is a proof of receipt/booking, does not specify loading. Buyer Shipping guarantee (if necessary): Shipping Guarantee is given by the buyer in support of clearing cargo with put B/L. It also protects the carrier against any fraud and indemnify against any claims. CARGO INSURANCE Cargo insurance is the document obtained from the freight forwarder used to assure the consignee that insurance will cover the loss of damage to the cargo during transit. Reasons for Insurance: Protection against risk Prevent financial loss Requirement by bank e.g. L/C term Selling on certain term e.g. CIF Carrier limited liability Reduced business anxiety Documents necessary for claim: Companys cover letter Original policy Shipping invoice Packing list Original B/L or AWB Survey report Landing Account (unloading/discharge report) PAYMENT MODES: Advance Credit account Consignment sale Documentary collection 1. Document Against Payment (D/P): Supplier ship goods and forward bill of exchange to buyers bank through his own bank. No credit involved and buyer obtain title of goods after payment. 2. Document Against Acceptance (D/A): Supplier ship goods and forward bill of exchange to buyers bank through his own bank. Credit period involved and buyer obtain title of goods before payment. Letter of credit (L/C)  It is the letter of undertaking by importers bank to pay overseas exporter against exporters shipping document. Shipping document must strictly adhere to the terms and conditions of the L/C. L/C Procedures: Sales contract between seller and buyer Buyer open L/C with the issuing bank Issuing bank sends L/C to advising bank Advising bank sends L/C to seller Seller ship cargo Seller presents documents to negotiation bank for payment Negotiating bank checks documents and forward to issuing bank Issuing bank checks and pay to negotiating bank Negotiating bank pays to Seller Buyer pays issuing bank Issuing bank releases shipping documents to buyer Buyer uses issuing documents to clear cargo Types of L/C: Revocable Irrevocable 1. Confirmed 2. unconfirmed Red clause Revolving Transferable Back to back Advantages Secure Financial assistance Bank control and hold title to goods Seller receives payment before buyer receives goods Disadvantage Over reliance on shipping documentation No physical inspection of goods Bank not familiar with shipping practices Subject to fraud Very costly ADVANTAGES OF EXPOT BUSINESS Creating goodwill between nations with divergent interests. Exchange of goods unavailable overseas Enhance domestic competitiveness Increase sales and profits Gain global market share Exploit corporate technology and know-how Extend sales potential of existing product Stabilize seasonal market fluctuations Enhance potential for corporate expansion Sell excess production capacity Gain information about foreign competition CHALLENGES IN EXPOT BUSINESS Political and commercial risk Compliance to foreign regulations and standards cultural and language differences Non payment by foreign buyer Currency exchange rates Damage to goods in transit intellectual property rights