Friday, December 4, 2009

Risk of Loss, Holding Title

CASE: In this commercial contract, KLT Knitwear was contracted to deliver 20,000 pounds of yarn to GFG Inc. GFG hired a trucking company to pick up the yarn from KLT. KLT identified the yarn and placed the goods on the truck. From that point, risk of loss was transferred to GFG. The truck hired by GFG was hijacked and all the yarn was stolen. When GFG heard about the incident, they stopped payment they made prior to delivery, and then sued KLT claiming they must pay for the goods since they bore the risk of title.

F.O.B. or free on board means the selling price of a good includes transportation to the place named in the contract. The seller pays expenses and carries the risk of loss to the place named. If a contract is “F.O.B. seller”, it is a shipment contract and the buyer pays shipping expenses and carries the risk of loss. In an “F.O.B. buyer” contract, the seller pays expenses and carries the risk of loss until the goods are delivered to the buyer; this is a destination contract.

Prior to the hijacking, GFG sent a purchase order to KLT that stated the price for yarn was F.O.B. seller. This means the contract between the GFG and KLT is a shipment contract. In a shipment contract, the title to the goods is passed to the buyer (GFG) once the seller (KLT) delivered the goods to the designated location, in this case, the carrier. If the price for yarn was F.O.B. buyer, then KLT Knitwear would assume title until the yarn was received by GFG who would also then assume risk of loss.

In this case, the trucking company hired by GFG was hijacked. Since buyers have some legal recourse against carriers, GFG would have to seek compensation from that company. That is of course assuming that they insured their shipment.

I think the courts would find that GFG Inc defaulted on the terms of their contract with KLT Knitwear. The contract obliged KLT to deliver the conforming goods (20,000 pounds of yarn) to GFG and GFG to accept and pay for it. KLT completed their end of the contract. They put 20,000 pounds of yarn on a truck hired by GFG. In my opinion, the fact that GFG hired the truck further proves that they were assuming the title of the goods. This shipment contract determined that GFG had ownership of the yarn. They assumed the risk of loss the minute they picked the yarn up from KLT.

What protection would companies like KLT have if they had to assume risk of loss even when a buyer picked up their own goods? What legal recourse would they have to protect them against scamming buyers? It would just be bad business practice to send goods off with a trucking company hired by the buyer if they had to assume the risk of loss. This is why I think GFG doesn’t have a leg to stand on. I am not saying that they committed any crime, but laws are created to protect against such crimes and hold people accountable. I one hundred percent believe KLT will win this case.

Instructor's Notes: Excellent questions at the end. Protection in a commercial contract is the key. In this contract title passes upon the trucking company hired by the buyer receiving goods in conforming condition. FOB seller means the seller bears risk. To minimize situations like this either party who assumes risk should purchase an insurable interest in the merchandise. The key to prevent loss is the determination of interests and risk. The party who assumes risk has the insurable interest - a concept that is important in contract carrier cases.

Turn the Page

On a long and lonesome highway
East of Omaha
You can listen to the engine
Moanin' out his one note song
You can think about the woman
Or the girl you knew the night before

But your thoughts will soon be wandering
The way they always do
When you're ridin' sixteen hours
And there's nothin' much to do
And you don't feel much like ridin',
You just wish the trip was through

Here I am
On the road again...

Bob Seger, 1973

Jobs: Bring back the WPA, ...Just Do it!

OK.

Since today is President Obama's Jobs summit I thought I'd discuss what I believe needs to be done for our country.

(Executive Summary: I believe we need a new version of FDR's "WPA-Work projects Administration", that will be focused on training, service, and helping our country. I contend that this massive stimulus package can help re-focus our economy, and also make our nation less energy dependent.

There are several inter-related problems

1) Job Availability
2) Job Training and Retraining
3) Education
4) Green Economy / New "Manhattan" Project

1) I believe that the entire United States economy has been destroyed by its transformation from a supplier of GOODS, into a consumer based SALES economy. Availability of jobs, both traditional, blue collar, to high tech (technology) have fled from the United States overseas.

It is NOT an option to re-introduce trade barriers. It's too late for that. However, we can STILL overcome this, and make a great number of skilled trade jobs available. By undervaluing blue collar, and not encouraging manufacturing of any sort anymore, we have eliminated a huge number of potential jobs.

2) Job training and retraining:
Detroit. 'nuff said? I think so...
seriously, job losses and jobs exported ALSO is very high in the technical (computer) sector.
besides overseas call centers, web and computer programming, almost everything, including technical support, can and IS outsourced to other countries.

We need programs to help newly graduated, as well as unemployed, (and even) OLDER 50 and older workers learn new trades.

3) There are a great deal of studies about how our educational system has failed a great deal of inner city and urban students. For argument's sake, lets just say that 80% of the urban HS population graduates, but does not go to college.

What are the realistic job prospects for these newly graduated teenagers? The Service industry.
Not a lot of skilled labor there. If I wanted to become a plumber or electrician, becoming an apprentice is the only difficult way to achieve this.

What we need is the ability to have someone learn a skilled trade, that will allow this person to become a productive member of society, that will earn a living wage. I say living wage, because this is also a key problem in our current service economy.

4) Green Economy / New "Manhattan" Project
The opportunity to re-engineer our entire country, and create a national 'home' grid, as well as re-creating the national highway system are potential recipients of this labor.

What I am proposing is simple:
We will create a new job program (I call it the training corp), that will take workers, and depending on their talents and interests, help to train them, apprentice them, and then become skilled journeymen craftsmen in their chosen fields.

This program will take both volunteers, and eventually, all HS graduates (or over 17, which-ever comes later) for a three year, gradual program to teach these new skills.

Several aspects of the program will be familiar. The concept of military boot camp will be useful to teach new survival skills to those who may not have previously had the best learning environment.

The concepts of the "Military Academy" (West Point, Annapolis, etc) is also a key goal, as is the concept of the permanent career (just like in the military...)

Many of these "military concepts" can help to guide these programs. An example of a new service path would be for those interested in becoming engineers, or architects (for the large number of future projects).

The Manhattan Project (for Energy)
Here's a key infrastructure project that will make our country much more competitive:

It cannot be implemented using the current private US rail system, but would inter-act and exchange cargo with it.

But first:
When I recently took a trip down the NJ Turnpike (Route 95-South), on a Sunday night at about 11PM, I counted over 500 tractor trailers in one 1/2 hour period. Imagine what could be achieved if we had a new national rail system.
This new rail system would become a brand new expansion of the existing Eisenhower Interstate Highway system (Originally created to speed military operations if needed inside our country).
One of the critical factors would be to create 4 lanes (2 heavy and 2 light rail) railroad tracks, that would run down the highway, and allow trucks to offload (or even entirely load the entire truck itself) onto newly designed rail cars.
As another example, you might get onto the highway (again Route 95) after the George Washington Bridge. You (or your Car/Truck), or (eventually, just your cargo trailer) would get onto the train, and the train would carry you, your cargo, and your car or truck to your desired stop.

Cargo (as well as cars/buses/etc) would be tracked with High tech RF-ID tags, to help enable automated routing to your final destination.
A system this complicated will take almost as long to be built and implemented as the National Interstate highway system did in the 1950's, 60's and 70's. It isn't for the faint hearted.

But that's why I say it is PART of a "Manhattan Project" for energy independence. The crews, the skilled labor, (yes, pouring concrete accurately and perfectly IS ALSO a skilled trade!!!) as well as the ability to put a great deal of our young people to work in jobs that will help our country become a new model for the world is something that is visionary.

No, we won't have to develop a bomb. But eliminating Trucking via diesel rigs will be a huge step to controlling pollution, reducing our oil usage, as well as making transportation a new industry that can help our country become more competitive again.

Additional steps besides research for R&D (and to develop new types of small power generators (think solar and wind) as well as plans for deploying them across the country will help our economy better then paying bankers, or Car manufacturers.

Part of this plan would be to commercialize and economize a solar panel, so that an average house could become energy neutral, if not a major energy generator.

Combined with new energy distribution networks (grids), as well as positive (or negative) metering and billing, we can pray that we can reduce our country's addiction to coal fired power plants.


XYZZY. Oh. You're already inside.

Is this just a dream? I hope not.

Please take the time to comment, critique, and make suggestions!

thanks again..

Catch up time.

Hi everyone, its been a while so I thought I should bring you up to date. As you may be aware I was Cardioverted just over a month ago which is where my heart was zapped with an electric current...pretty much the same as you see on the emergency room Tv programmes. The out come was that the heart immediatley began to beat normally and held that rythm for round about a month until it decided for no reason to revert back to doing as it wished. Luckily I had an appointment with the cardio clinic at the hospital the next day and the doctors confirmed that indeed it had took a step backward so I was prescribed some new drugs which I would need to take for a month. The next day, for no reason again my heart began to beat normally so at the minute I am waiting for another visit to the hospital to give them the good news.
I have no idea as to when I will be returning to Canada, the initial plan was for January but its anybodies guess at the minute.
The following pictures are from Bonfire night again only this time from Gainford which is were my parents live. Coming up soon will be a post on my visit to York which I totally forget to tell you about and happened ages ago.

All pictures taken at really long shutter speeds, sometimes over 6 seconds.





Thursday, December 3, 2009

Glossary of terms in the load





Freight has a unique vocabulary, mostly rooted in a history of long trips. The vocabulary can be a bit "overwhelming and confusing for a newcomer.

Analyze some of the terms used here:

Discount - A discount for any damage or overloading

Accessories - Some services that are not considered "standard" and incur additional costs. This may, within delivery, insurance, lift gate service and otherServices

Load (BOL) - shipping documents is important that the names and addresses of places of origin and destination, description of the goods delivered, money orders and other relevant information, it appears

Booking - Organization for the carriage of goods by a carrier

Boxcar - An enclosed car freight train

- The amount of transporter that has agreed to move freight by railTruck, ship, airplane, or a combination of these two modes

Carthage - local (as opposed to interstate and international), the trucks with goods

The demand - a demand on the carrier for the payment of damages or other losses resulting from the negligence of the carrier for transport, handling

Classification - assign rating to a particular type of product can, determine the size, value and the difficulty of transporting the goods. Thecorrect class is imperative for an accurate freight quote

Consignee - The person or company to which the freight is shipped

Consignor - The person or company identified as the shipper of freight

Container - A large metal box resembling a truck trailer body that can be shipped via vessel or rail and then attached to a trailer chassis for further transport, containers come in many sizes and types

Deadhead - If a truck with a load and then runs a leg of a trip without cargo

Declared value - a magazine can sometimes qualify for a lower rate if you declare a lower value, for a real object can be dangerous in case of loss

Density - The weight of cargo per cubic foot, this measure is important for an accurate freight quote

Double Drop - A follower of the open deck with a raised section in the front and rearand some below average, which can be used for the transportation of goods exceptionally high

Drayage - Transportation Local Trucking Carthage Same

Dry Van - Refers to a trailer 53 ', which can be heated or ventilated, but not chilled

Exception: If an item found by a carrier (usually management) is received, the freight forwarder has anomalies or suspected, the firsttransport

Freight - Used in several different manners, can refer to the actual cargo or to the charges assessed to a shipper by a carrier for hauling that cargo

Gross Weight - Cumulative weight of cargo, packaging and freight car or container

HAZ MAT - Hazardous Material

Intermodal - Use of multiple modes of transportation to move containers of cargo - can include sea, rail, road and air freight Travel

LTL or truck - vessels when the goods are not of importance to need a truck for himself, the LTL shipments generally in the range £ 100 £ 20,000

NMFC - National Motor Freight Classification (see classification above)

Piggy Back - An agreement of intermodal transport, which are loaded in truck trailers, placed on a cart and moved to a destination

PRO- The tracking number assigned by the carrier for a specific transfer

Proof of delivery - On receipt of a shipment for delivery

Puppies - A short trailer with another small trailer used to a double-tandem-trailer to create or

Summons or citation - an offer of goods at a price based on the shipping and some of the terms defined

Reefer - refrigerated orPendants

Stack train - a special car that the stacked containers can take up two

Step left deck - a trailer was a standard apartment in the front section and a section on the back, used to transport goods more

Curb weight - The weight of the empty wagons or empty containers, sea, or intermodal transport

Tariff - A publication of the rate-setting and the needs ofTransportation Company-specific

Organized Terminal - An area where the freight is and prepare for loading and shipment to its destination, the cargo terminal is often accompanied by a backing, after they collected and put into another container or trailer for transportation and intermodal freight is often unloaded at a terminal, before the declaration and the final delivery default

TL - Truckload freight (if the amount of loadenough to fill in order to be a trailer or a container filled

- Tractor unit of power, and used to tow trailers

Trailer - The part of the truck, in which the goods are loaded, transported

Ventilated Trailer - A trailer with small openings in walls to allow air flow through the outside air when the doors are closed

Luggage storage of goods

While this list may seem long, there are hundreds of otherIndustry terms and expressions that can be run over. If you are a beginner or the sender of the experience, you can hear a new term, from time to time. Do not hesitate to contact us to see what all the burdens associated word is always possible.

SkyWatch Canada

SkyWatch Canada
Infowars
September 15, 2009

Since early March of 2009 the skies over Canada’s Capital City have been littered with chemtrails dispensed by jets that resemble Boeing passenger 747’s. It all started about a week or so before Swine Flu news hit the mainstream. From that point on, the amount of chemtrails being sprayed in to the skies has gradually intensified.

So the question that needs to be asked is what is being sprayed into our skies, and why ? It is known amongst certain groups of people, that chemtrails consist mainly of Barium salts and Aluminum. This cocktail appears as a white spray (similar to a contrail, but lingers in the sky) and once dispersed can easily be mistaken for high altitude clouds. Some have even witnessed planes spraying a brown substance from low altitudes. This substance which has been observed, lands on the ground as a stringy/sticky gel. This gel has previously been analyzed by the Washington State Department of Heath and AmTest Laboratorie. It appeared to be composed of red blood cells mixed with biological agents. What are the implications of such incidences and what have they become more frequent in recent months ?

In addition to increased chemtrail activity, the skies in the Nation’s Capital have seen a drastic change in flight patterns of what appear to be commercial 747s or look alikes. Planes have been flying lower than they ever have in the last 20 years. These jets make rounds over residential neighborhoods flying at altitudes as low as 500 ft. Neighborhoods that are a good 40 km away from the Ottawa airport. They seem to leave the airport fly in a circle over the city at extremely low altitudes and go back where they came from. The frequency of this type of occurrence in drastically increasing. The people need to ask why ? How come there are planes are flying low over houses every 5 minutes ? There certainly aren’t that many commercial flights coming in and out of Ottawa. Are the citizens being acclimated for some future event ?

On the topic of Barium, it is known that it is toxic to humans. Not only does it disrupt digestive tract function, but it affects the immune system. The immune system destroys pathogens by producing T-Cells. Barium in known to bind to T-Cell receptors and effectively deactivate them (http://www.pubmedcentral.nih.gov/articlerender.fcgi?artid=1541830). Is it just a coincidence that we are being warned about a deadly re-emergence of A/H1N1 this fall and our immune systems are being assaulted on a daily basis with Barium ? Probably Not.

In regards to low flying jets. Is it possible they are practicing to release a bioweapon over densely populated areas ? It has been said that biological agents must be released at lower altitudes to ensure they aren’t damaged by the low temperatures found at high altitudes. Everybody knows the NWO crowd likes to acclimate the sheep. This sets the stage for a coordinated release of some biowepon as Steve Quayle has previously spoken of.

There are actually reports coming in that such an event may be in the works. Most pieces of evidence are mere eye witness accounts; but such is the world of intelligence. This kind of information would never make it into mainstream news. In March 2009, a youtube video was released of a call someone made to a radio show called the Power Hour.

The caller had been in touch with a truck driver, working on contract for the Department of Homeland Security. He was getting paid $500 USD a load for trucking bird flu vials to various destinations within the US. All of the deliveries were made at night, and the truck(s) were all escorted by armed undercover ex-cops/private security. Many of the loads were either picked up or dropped of at underground missile silos. The personnel receiving the deliveries were often in full Hazmat gear. The truck driver and his family were inoculated for ‘protection’ against bird flu. This truck driver was paid at a Bank of America branch in a back room. He anonymously gave a number to the bank and was paid in cash on the spot. He was summoned randomly by DHS for meetings at 3am, and examined regularly to make sure he had not contracted the virus. One of his colleagues who owned an especially long flat bed was hired as part of the operation to haul an 80 ton missile across the country. The extremely heavy load blew his breaks and DHS promptly reacted and had them immediately fixed so he could complete the delivery. Many of the truck driver’s deliveries were extremely mysterious in nature. He was often told to drive an empty truck from one location to another and then was stopped at a random site and led down a private road to a dropoff point, (many of which were underground missile silos) so if interrogated he could not divulge sensitive information. At one of his deliveries, he deliveried clear, refrigerated vials containing white liquid which were then loaded into a military C-130 plane. The driver earned at least a hundred of thousand dollars delivering these loads. He and and his family have since been relocated to safe housing on a military base. The woman who called in this information to the radio show has presented it to the local Police and the FBI. The response from both of them was , “this thing is so big we won’t touch it with a 10 foot pole”. Obviously something big is afoot.

In addition to the truck driver’s story one of Steve Quayle’s credible intelligence sources divulged the following information on August 25th 2009: “One notable report from the Flaming Gorge Recreation Area in Utah, Wyoming, and near Colorado cited large numbers of Italian men in one cabin and large numbers of French men in another all speaking only in Italian and French . Also this report included excellent detail of some of these getting on Harley Davidson motorcycles after a Chinook Helicopter passed over the lodge. They were seen riding out to meet the Chinook and receiving something from it which then was taken back to the lodge. Noticeable were the large numbers of coolers at these respective cabins….perhaps the type that might keep samples of some Virus or Flu cool enough for preservation until samples were to be distributed?”

(http://www.stevequayle.com/News.alert/08_Hawk/090825.fraction.wars.html )

With all of the clues available is it possible to conceive that after unsuspecting citizens have consumed excess amounts of Barium which has made It’s way from the clouds into the sewer systems and back into drinking water, that we are caught in a globalist conspiracy to lower our immune systems for the coming “second wave” of the so called swine flu ? Will there be a synchronized aerosol release of weaponized influenza on the masses , or will there be live virus (in addition to deadly amounts of Squalene)inside the H1N1 vaccine, or both ? In terms of a method to achieve population reduction, bioweapons can theoretically be the most effective (only second to nuclear fallout) because after the initial release it continues to spread and multiply among humans. It’s evident from all of the mainstream propaganda about swine flu these days that we are being prepared for something big, even if the current swine flu outbreak up to this point has been no more than a joke. Time is running out for Obama and the NWO crowd to seize dictatorial control of North America. The masses are awakening at an unprecedented rate. How will the next few months unfold? Who will be victorious ?

God Save The Republic.

Untrusted Teamster Leaders to Members: A "No" Vote Could Doom YRC Worldwide, Up to 40,000 Could Lose Jobs

It's considered the 'Last of the Mohicans' in the world of big Teamster-represented less-than-trailer load (LTL) carriers, all the rest having been doomed to the scrap heap of uncompetitive unionized trucking companies.

Now it seems, however, the question is not "if," but "when" YRC Worldwide will be closing up shop.

YRC Worldwide, which is the combination of Yellow Freight's 2003 acquisition of Roadway and its later merging of operations, has around 40,000 employees nationwide, the majority of them represented by the International Brotherhood of Teamsters.

For a variety of reasons (the economy, fuel costs, as well as its union obligations), the company has been struggling to survive for more than a year now. In fact, the company has had to go to the Teamsters' leadership twice for concessions in their labor contracts.

All told, the Teamsters leadership has agreed to wage cuts of 15% and the company has gotten the union to agree to an 18-month suspension on pension fund payments, saving the company an estimated $35 to $45 million per month.

[Note: The primary pension plan that YRC had been contributing to is the critically underfunded Central States Pension Plan (see the movie Casino as a reference).]

According to the Houston Chronicle, YRC had "$1.69 billion in liabilities and $1 billion in assets as of Sept. 30. It has sold real estate, cut thousands of jobs and taken other steps to keep operating. The company lost $158.7 million in the third quarter."

In November, YRC closed its big Richfield, Ohio terminal, sold part of its logistics unit, and launched a debt-for-stock swap in order to try and stave off bankruptcy.

Now, there may be even more trouble on the horizon for the company which, in short order, may drive YRC straight off a cliff. Union members are beginning to have serious doubts about their union leaders.

In Chicago, Teamster-represented workers are rebelling at the union leadership's insistence that they vote to agree to the concessions that were already negotiated.

According to a forum for Teamster members, one unidentified member exposed the mistrust between the Teamster leaders and the members by 'reporting' on what happened when IBT leadership visited Chicago on Tuesday:


Tyson Johnson and the Flynn crew visited the Chicago Terminal of Holland today, well lets just say they didn't the welcoming they expected. The members were told that 39,000 jobs rest on the shoulders of 710 and 705 members to except the MOU! Flynn had stated that YRC will probably close regardless, and that by voting no it will just be sooner, well lets just say, they were told to stick it in a place...

Tyson and Flynn told the members that its all about the pension (how funny, because Flynn told everyone that the pension was no concern anymore) and without
710 and 705 accepting it that they are still responsible for the pension. Then Flynn had the nerve to stand there and tell everyone that he has never lied to them, "but he just did" Oh! "he probably forgot about the lie at the meeting prior to the last vote that stated its only about the 5 percent" ....

Well lets just say that at the end of the meeting they were all directed where to go!! Well guys I guess there you have it, they admitted its about the pension, the company wants out, and we better accept it. Pat Flynn gave a member his word that they will put back into it in 18 months or he will vote no to it himself, "I feel so warm and cozy inside, when the union stands behind us"!

According to the Teamsters for a Democratic Union (a dissident group within the Teamster' union) union leaders are threatening members that, if they don't vote to accept the cuts, the entire company may shut down:


YRCW will close if 1500 Teamsters in Chicago don’t take a $1.16 per hour pay cut: that’s what IBT Freight Director Tyson Johnson and IBT vice president Pat Flynn have told the YRC Teamsters.

On Dec. 1-2, YRC management gave time to Flynn and Johnson to offer a hard sell to Local 705 and 710 Teamsters at the four Chicagoland YRC and Holland terminals.

On Dec. 8, Local 710 dock workers will vote for a third time on the concessions, and Local 705 for the second time. Both groups previously rejected them by a 2-1 margin. The vote will be held at the terminals, not by mail.

This follows Hoffa’s power grab of November 24, when the IBT claimed the power to dissolve the Local 705 and Local 710 contracts, which do not expire until 2013, into the national freight contract. That move gave the IBT total control of the bargaining and disbanded the union bargaining committees. But they feared imposing concessions without a vote because it would lead to a lawsuit to protect members’ right to vote.

Across the nation, in Washington and Oregon, Teamster members at YRC's Reddaway have also given a 'thumbs down' to the concessions.

Reddaway Teamsters in Washington and Oregon have narrowly rejected a proposed
contract which the IBT and YRC agreed to.

By a vote 214-208 the Teamsters at YRC’s regional carrier said No, and will retain their contract wages and benefits until a contract is ratified.
It seems as though, it is only a matter of time before YRC declares bankruptcy. It could be a matter of days, weeks, or months.

However, when YRC does get tossed into the scrap heap of so any other Teamster-represented trucking companies, while many will point to the economy as the cause of the company's demise, it will be misplaced blame. The economy will have only exposed a company already vulnerable due to a union whose leaders are not trusted by their members.

For the Teamsters, it will be especially humiliating when YRC crashes since the union that Jimmy Hoffa built with companies like Yellow and Roadway will be losing one of its biggest players while Hoffa's son is in control.

Follow LaborUnionReport on Twitter.