Monthly Archives: July 2020

The Basics of a Product Liability Claim

The field of product liability is broad and encompasses a wide range of claims. Nevertheless, a typical case involves a plaintiff pursuing a manufacturer, distributor, supplier, retailer, or other entity involved in making a product over injuries suffered.

Most product liability claims are handled at the state level, although laws regardless of location are similar. A lawyer taking on a claim, in nearly all cases, must not only prove the product is defective but additionally that this error caused the plaintiff’s injury.

The defendant, typically, claims its product has no error and that the plaintiff incorrectly used it. However, manufacturers are expected to foresee less typical uses for a product and make sure these uses will not result in an injury or death.

Product defects can occur at any time: around the time it was manufactured or after it has been on the market for several years. Because defects can be found in multiple products, a product liability claim may have multiple plaintiffs.

Although the field encompasses several types of cases, product liability claims can be broken down into three types:

Manufacturing Defects

As the name implies, manufacturing defects occur in the creation process and may pertain to poor-quality materials and construction. For these cases, the error occurred in making one specific product or item; as a result, the product purchased and causing the injury differs from all others on the shelf. A lawyer, for this claim, needs to prove the specific defect resulted in the injury.

Design Defects

Considered a more widespread problem, design defects make a product inherently dangerous or useless when manufactured to precision. As a result, a whole product line poses a danger to consumers. For these cases, as well, a lawyer must prove the defect resulted in injury.

Failure to Warn

Failure to warn cases pertain to products with less obvious dangers that could be lessened from a warning label or instructions. When a product does not come with directions for correct usage or with a list of special precautions, the product, which can include medications, poses a danger to the user.

The three types of product liability cases, however, are not exact legal claims. Instead, they fall within the scope of negligence, strict liability, breach of warranty or contract, and other consumer protection claims.

Lawyers will determine to take on a product liability claim based on its rate of success. For a successful claim, a plaintiff or plaintiffs may be awarded an amount for injury-related expenses, past and future medical costs, lost future earnings, and pain and suffering.

Accounting In Manufacturing And Trading Concerns

A motor car manufacturer, for instance, buys steel, rubber, aluminium, plastic, etc, that is used to manufacture motor vehicles that are sold to dealers (the trading concern). These dealers, in turn, sell vehicles to the customer.

From an accounting point of view the activities of manufacturing and trading enterprises are very similar, especially their administration, sales and financing activities. Therefore, the accounting principles and most of the procedures can be applied to both manufacturing and trading concerns. The main difference between the two is their method of cost accumulation and cost determination for (1) inventory valuation and (2) the calculation of the cost of goods sold. The difference arises from the fact that trading enterprises buy completed goods, while manufacturers make the goods sold by dealers.

The ‘accounting cost of goods manufactured’ item in the manufacturing enterprise therefore corresponds to the ‘accounting cost of good purchased’ item in the trading enterprise. In both cases these amounts represent the cost of finished goods available for sale. The trading enterprise, having purchased its goods in a ‘finished’ form, experiences little difficulty in determining their cost. The manufacturing enterprise, on the other hand, has to account for the cost of converting the raw materials into finished goods (also know as manufacturing costs).

In converting the raw materials into finished products, the manufacturer makes use of labour, machinery and equipment and also incurs other manufacturing costs such as power consumption, maintenance of machinery, etc. All these costs must be added to the cost of the raw materials to determine the cost of manufactured goods for any period.

Therefore, the accounting records of a manufacturing enterprise must be extended to make provision for recording the various additional costs peculiar to manufacturers.

The three most important elements of manufacturing costs are material, labour and manufacturing overheads. In accounting costing terminology, material and labour costs together are known as primary costs, while the accounting term conversion costs represents the combination of labour and general manufacturing costs.

By virtue of the nature of a manufacturing enterprise’s activities, it will require more accounting ledger accounts than a trading enterprise. The ledger must provide for aspects such as machinery and equipment, inventory, raw materials, work-in-progress, finished goods, etc. It is necessary to devote special attention to the various inventory accounts.

At any given time, a manufacturer will have different types of inventory on hand: material inventory ready for use in the manufacturing process; partially completed products still in the process of being manufactured; and finished goods that must be dispatched to dealers. Inventory accounting records and different accounting inventory accounts must be kept in order to determine the costs of each type of inventory at the end of a financial period. All three inventory accounts are asset accounts and are usually kept according to a perpetual accounting inventory system. At the same time they are control accounts supported by the appropriate subsidiary records

Where Does Meladerm Cream Come From & What Are Its Benefits?

The skin care market is filled with all sorts of products some of which are not safe for use. For first time users of Meladerm cream, some may feel unsure whether it is a good choice or not. Determining all this boils down to the components that are used to make the product. After research, experts found out that skin lighteners derived from natural extracts are a much safer option than those made from synthetic chemicals.

Unhealthy skin lighteners such as those made from hydroquinone can pose serious health risks to individuals and that is why some countries have decided to ban them. Meladerm cream, however, is an exception. It is made of natural derivatives of mulberry and bearberry, which for centuries have been used in traditionally in treating skin disorders. Other active components in this product include glycolic acid and niacinamide, which are actually good skin moisturizers. Buying Meladerm skin lightener is, therefore, healthy for you.

The solution will take good care of your skin and deliver great results within a few days of application. It takes at least about a month for actual results to begin to show, a clear sign that this is a product worth trying. The solution is available only through the internet.

What you benefit from using Meladerm cream

There are so many Skin Lightening products in the market today promising excellent results only to end up disappointing. If you have been a victim of these products, worry no more because you’re yet to try Meladerm cream. This is a skin lightening cream designed for all skin types and manufactured using natural ingredients only. Some of these ingredients include extracts from Mulberry and Blueberry plants as well as Licorice. The cream reduces dark spots and hyper pigmentation giving you an even complexion.

Improve the overall appearance of your skin using Meladerm cream because it is manufactured using state-of-the-art technologies and the latest research techniques. Skin experts behind its manufacture carry out extensive research on every ingredient used in its production to make sure the product is safe. Usage of the cream within a period of two weeks gives pleasing results while a continued used over a long period restores the skin completely. It is the right choice for a perfect skin tone and texture.

Hints:

Meladerm is a miracle product. The fact that it is more than just a Skin Lightening Cream makes it one of the most powerful solutions the skincare market has today.

Meladerm was manufactured to solve the frustration most people go through because of counterfeit products.

Why buy Meladerm online

It is obvious that a number one worry when it comes to choosing a Skin Lightening Cream is the one to buy. Most people are looking for what is safe and substituting it for what they have been made to believe work yet do not. If you are like most people, then you will want to try Meladerm Cream.

Meladerm is increasingly becoming the most popular skin lightening cream. This is because other chemical products claimed to be safe have proved dangerous, as most of them are associated with cancer. While many local stores have ventured into selling this product, many people prefer buying online for various reasons that may be right for you as well.

To begin with, fake products are finding their way into the market and so if you are not sure whether your local stores get theirs from the original manufacturer, it is much safer to get your cream from recommended online websites. Secondly, some online stores offer discounts on Meladerm depending on the amount you spend.

How Can CNC Machining Speed Up Product Turnaround?

CNC machining offers a great way to speed up product turnaround of a range of manufactured goods for a number of reasons. These include the opportunity for 24 hours a day productivity, the ability to eliminate the need for a pre-production prototype, quick machine set up, and offering machine operators a chance to multitask and run several machines at once.

Firstly, the latest computer numerical controlled machines are much more efficient, with a much higher up time than traditional manual operated lathes and milling machines. This is because CNC machining is run by computer control, and only need an operator to monitor their progress rather than constant attention that their manual counterparts require. This makes it possible for almost 24 hours a day, 7 days a week operation, meaning more products can be manufactured in less time. Computer numerical controlled machines only ever need to be turned off for maintenance, offering 99% up time, so product turnaround can not only be increased, it can also be sustained for days, weeks or even months on end.

The other key benefit of this method of computer controlled manufacturing is seen at the very start of a production run of products. Unlike manually run machines, no model or prototype of the product is needed. This is because the designer can simulate production on a CAD drawing of a product. When they are happy that the product is ready for production, the electronic drawing can be emailed over to a factory equipped with CNC machining tools. The product can then be put into production immediately, meaning if an order is received in the morning, the first batch can be sent out for delivery that evening.

Another key reason why CNC machining can speed up product turnaround is the speed at which a product can be taken from the designer’s computer to the factory floor. Because a computer numerical controlled machine does not require hand drawn blueprints or designs, the CAD design can be sent to the machine electronically. This means that production can begin much quicker than with a manual machine, where a design would first need to be printed out and then the relevant information inputted by hand into the machine in order to produce the component or product. As a result, it is now possible to get a product in production within a few minutes of the factory having the CAD design emailed over, as long as a machine on the shop floor is available to be assigned the job.

The final reason why CNC machining equipment can speed up product turnaround is the fact that one operator can manage several of these machines at once. Because all of the actual manufacturing is controlled by a computer system, the operator merely needs to make sure the machine continues to run and keep it supplied with materials. This is perfect for firms who require large batches of products completed in a short amount of time, as it is possible to have more than one CNC machining system working on an individual component or product at once, multiplying the rate of production.

Luxury Eco Friendly Hotel Products and Amenities

In the era where pollution has become very serious problem and has raised its head in almost all sectors. Hotel industry is no exception, specialized eco hotels are mushrooming, and existing ones are resorting to environment friendly products and this means reducing the level of pollution in the environment. Therefore the guest amenities and toiletries are being packed and manufactured with such materials that blend well with the environment and are free of chemicals.

First thing that can be worked upon is the packaging of guest amenities with materials or specially manufactured plastic that can be recycled or is biodegradable. There are many companies that offer such type of packaging without comment on the look and quality of the packaging. One gets to choose from many options without compromising on the luxury factor.

From towels to toiletries all products can be manufactured using eco friendly materials, such things do not pollute the environment, water, air or ground with chemicals. They are basically produced using non-renewable resources that can blend well with the environment. Soaps, shampoos, conditioners, furniture, shower gel, slippers, bath robes, body lotion, toothpaste and much more can be made eco friendly. Some hotels offer their guests an entire range of complimentary eco friendly products. Such products and things are good for our body as well as the surroundings.

‘Going Green’ is the latest corporate mantra, which is liked by the masses especially who travel frequently and have to stay in hotels more wish to have such products that are harmless yet have good quality and satisfaction. These hotels get the accessories packed into eco friendly packaging which may include sewing kits, shaving kits, sanitary bags, nail care kits, vanity kits, combs, dental kits, shower caps, shoe shine sponge, etc.

Hotels do not go on packing and producing toiletries themselves, they give contract to companies who undertake such services. It is important to select a company who is known for its quality products and services. You can find such manufacturing companies online and surf through the range of eco products they offer, you can also ask them to get your products customized.

Some hotels that have turned into eco hotels even provide guests with certain suggestions and tips on how to save the environment. Hotel owners can bring down the cost of such products by purchasing them or ordering them in bulk.

This concept is becoming very popular, thanks to the marketing of eco tourism that focuses on merging with the environment yet enjoying luxury staying and travelling. Eco friendly guest amenity manufacturers can provide various information on their websites, therefore if you are considering a company which is not geographically nearby, use their website for further enquiries and contract prices.

Software Products: As Goods for Sale Or a License?

A sale contract in a supplier’s order form involves a software program to be delivered or shipped in compact disc (CD-ROM) for a stated price, payable during the transaction, and with a perpetual subscription term to an end user.

Is the software program, arguably a licensing agreement, “goods” under the California Commercial Code? Is software sold or licensed? Section 2105(1) thereof defines “goods” as “all things (including specially manufactured goods) which are movable at the time of identification to the contract for sale other then money in which the price is to be paid, investment securities (Division 8) and things in action.”

In SoftMan Products Company, LLC v. Adobe Systems Inc., 171 F. Supp. 2d 1075 (C.D. Cal.2001) the Central California District Court noted that “a number of courts have held that the sale of software is the sale of a good within the meaning of Uniform Commercial Code.”

License Not Sale Of Software:

In Adobe System Inc. v. Stargate Software Inc., 216 S. Supp, 2d 105 (N.D Cal, 2002), the Northern California (San Jose) declined to adopt the Softman analysis of the Central California (Los Angeles) District Court, and reached a different conclusion.

It concluded that “based on the clear and unambiguous language of the relevant contracts (Off or On Campus Educational Reseller Agreement [“OCRA”] and End User License Agreement [“EULA,”] coupled with the multiple restrictions on title placed on the seller (Stargate Software Inc.) in the above agreements, the transaction should be characterized as a license, rather than a sale.”

Indeed, the preamble of the “EULA” states that “Adobe grants to you a non-exclusive license to use the Software and Documentation, provided that you agree to the following.” And paragraph 2 of the “EULA” states that “the software is owned by Adobe and its suppliers.”

The San Jose Court, in Stargate Software Inc. supra, adopted its own analysis in Adobe Systems, Inc. v. One Stop Micro, 84 F. Supp. 2d 1086, 1092 ( N.D. Cal 2000) to wit: ” due to the substantially similar nature and terms of the EULA in both cases,” which only granted the end user with “a license to use the software” and maintained “numerous restrictions on title with respect to the end user.”

A license is not a “good” that can be sold under the California Commercial Code.

Sale Not License Of Software:

In the Softman case, supra, the Central District of California Court in Los Angeles arrived at a different conclusion, although Adobe also argued therein that “the ‘EULA’ requires construction of the transaction as a license rather than a sale.”

The Los Angeles Court found that Softmanwas not bound by the “EULA” because there was no assent to its terms. The “EULA” agreement was not enclosed with the individual Adobe software disk, and consumers were asked to agree to its terms as part of the installation process. But Softman, a Los Angeles-based company that distributed computer software products primarily through its website, had not attempted to load the software that it sold.

Citing a number of courts, the Los Angeles Court referred to the characterization of Adobe’s “EULA” as “shrinkwrap” licenses that are invalid, unconscionable, and/or unacceptable contracts of adhesion that require express assent by the purchaser to be valid, under Uniform Commercial Code § 2-207.

But it declined to reach the question of the general validity of “shrinkwrap” licenses because Softman was not bound by the “EULA” since there was no assent to its terms.

It however concluded “that the circumstances surrounding the transaction strongly suggest that the transaction is in fact a sale rather than a license.” It further listed the “indicia” of a sale of goods rather a license, to wit: “The purchaser commonly obtains a single copy of the software, with documentation, for a single price, which the purchase pays at the time of the transaction, and which constitutes the entire payment for the ‘license,’ (and) the license runs for an indefinite term without provisions for a renewal.”

Restrictions On Title vs. Substance of Transaction:

SoftMan Products Company was a distributor of computer software products as well as Stargate Software Inc. Both were not end users governed by “EULA,” but rather resellers governed by “OCRA.”

One of the contentions of Adobe in Stargate, supra, was that it retained ownership of its software, the acompanying documentation, and all other related materials pursuant to the “OCRA.”

But Startgate argued that language in Adobe’s “OCRA” contained word such as “owned by reseller” and ” repurchase” by Adobe. Still, the San Jose Court in “Stargate, supra, concluded that “additional languages indicated that the ‘OCRA’ only confers a license.”

Thus, the San Jose Court in the Silicon Valley, in Stargate, supra, favored Adobe, a leading software development and publishing company, over Stargate, a discount software distributor, by focusing its analysis on restrictions on title that limit the reseller’s ability to distribute Adobe’s software.

On the other hand, the Los Angeles Court far from the Silicon Valley in “Softman supra, favored SoftMan, a Los Angeles-based computer software distribution company, over Adobe, by focusing its analysis on the substance of the transaction, the above-stated indicia of sale of goods.

Commentators like Prof. Raymond Nimmer, The Law of Computer Technology (1992), and David A. Rice, Licensing the Use of Computer Program Copies and the Copyright Act First Sale Doctrine, 30 Jurimetrics J. 157 (1990) have urged courts to look at the substance rather than the form of licensing agreements.

As Prof. Nimmer has written: “The pertinent issue is whether, as in a lease, the user may be required to return the copy to the vendor after the expiration of a particular period. If not, the transaction conveyed not only possession, but also transferred ownership of the copy.”

Conclusion:

A sale of goods or a license? The two conflicting analyses discussed above are irreconcilable, whether the buyer is a reseller or end user. For the buyers, software products are more advantageously characterized as “goods,” rater than as license.

Vice-versa for the software developer.

Territorial jurisdiction may to have influenced the above-stated courts in their analyses and decisions.

Determining Whether Nissan Wheel Spacers Are Good For Your Car or Not

Wheel spacers are a great item for your car. The advantages of wheel spacers are many. However, there are many car manufacturers who are not comfortable with the buyer using products manufactured outside their company. In fact, they have mentioned it clearly in their warranty card that if you use products not manufactured by them, all the facilities offered under the warranty clause will get null and void.

Is buying Nissan wheel spacers a good idea for your car?

The answer will vary from user to user. There may be some who are interested in using products manufactured by another car manufacturer. However, if we this aspect aside, we can shortlist the areas as to why buying Nissan wheel spacers is a good idea.

· Enhances the appearance: When you search option for Nissan wheel spacers you can be rest assured that the look and appearance of your car will get improved automatically. These spacers is an attractive to look at and give the car a new look and feel. It is a great way to change the existing, old and worn out spacers installed in your car.

· Cost effective: These spacers are not very expensive. As such you end up saving money which you would not have been able to do if you opted for other variety. Browse the market and you will get an idea that compared to the available varieties, the one offered by Nissan are quite affordable and easy on the pocket.

· Available in different sizes: These wheel spacers come in different sizes. Depending on your car model, make, size, weight and the tire type, you can opt for the spacers. You are sure to find the one that best fits your vehicle.

· High quality: The spacers offered by Nissan are made out of high quality alloy. They undergo different stages of quality tests before being launched in the market. As far as corrosion of the metal is concerned, you don’t have to worry about anything. Get it installed and forget about it.

· Ensures good control over the car: When you opt for wheel spacers, the first thing that you will notice is that you have a better control over your car. It gets easier to turn the car in different directions. However if you find that the weight is on the heavier side, then opt for a better lubricant and wider tires to minimize the weight experienced.

· Long lasting: The wheel spacers offered by Nissan are long lasting. They last for several years. This means that once installed you don’t have to worry about getting them replaced.

Option for authorized dealers

When you have decided to buy the wheel spacers from Nissan, it is a good idea to buy it from an authorized center. Visit the showroom of Nissan to check out their diverse collection of wheel spacers. Select the one that best fits your requirement and need. What are you waiting for? Go ahead and check out the collection today. Select the one that does justice to your vehicle type and budget.

Are You Using a Safe CBD Oil

CBD oil is becoming one of the hottest new products on the market today. In fact, annual sales of CBD oil products in 2018 was nearly 600 million and is estimated to be growing at a rate exceeding 107 percent annually. Prior to 2017, CBD products were available only in head shops, natural food stores, and at a few doctor’s offices. Since that time, the market has exploded and CBD products are now available in natural food stores, national food stores, beauty salons, nail salons, convenience stores, and even gas stations. But, are these CBD products manufactured from safe CBD oil?

First of all, let’s examine what we mean by safe CBD oil. Some reports indicate that as much as 40% of the CBD products on the market tested positive for heavy metals like lead and arsenic, concentrated chemical pesticides, bacteria, fungi, toxic mold, THC, and numerous other dangerous impurities. Most people would agree that products containing these impurities would be considered to be unsafe.

Most of these unsafe CBD oil products are grown and manufactured in China, Mexico, and numerous third world countries that do little or no oversight in the products they sell.

One of the most common and dangerous impurities commonly found in tainted CBD products is chemical pesticides. These chemicals are used to kill insects and other organisms that can be harmful to the plant. According to the Toxics Action Center, “Pesticides have been linked to a wide range of human health hazards, ranging from short-term impacts such as headaches and nausea to more serious health problems like cancer, reproductive damage, and endocrine disruption.” It could be very dangerous to ingest any type of tainted CBD product if it is contaminated with pesticides.

The best and safest products available on the market are those in which the hemp is grown in the United States and the oil is produced in a food-grade facility. And, of course, it must be tested by a reliable, third-party facility. If you’re looking for a safe CBD oil product with consistent high-quality and levels of CBD, look for suppliers located in the U.S. who use only U.S. grown hemp. In addition, look for suppliers that whose products are thoroughly tested for purity, quality, and cleanliness. And, as an added measure of safety and quality, many of these manufacturers are regulated by state agencies.

As an example of this type of state oversight, CBD manufacturers located in Colorado must register with the Colorado Department of Public Health and Environment (CDPHE). Then,they must meet several requirement such as demonstrating that industrial hemp produced in that facility does not contain more than three-tenths of 1 percent of THC, the psychoactive compound in marijuana that causes one to get high.

When you purchase from suppliers located in Colorado or if your supplier uses other third party organizations that certify that you are buying safe products, you can be assured that CBD products like bath bombs, CBD drops, gummies, gel caps, relief creams, ointments, and more are safe to consume and use.