Rejection Of Goods In Hawaii Under The Uniform Commercial Code

Under the Uniform Commercial Code UCC, a breach of a sales contract may occur when a seller delivers non-conforming goods to the buyer. It is the buyer's burden of proof to establish this breach once goods are accepted. H.R.S. 490:2-601. Upon delivery and acceptance of goods, the buyer is obligated to pay the contract price to the seller. H.R.S. 490:2-401. Specifically, tender of delivery requires that the seller place and hold conforming goods at the buyer's disposition and give the buyer any notification reasonably necessary to enable him to take delivery. H.R.S. 490:2-503.

Upon delivery of a non-conforming good by the seller, the buyer has three options;

1) reject the goods,

2) accept the goods,

3) accept any commercial unit and reject the rest. H.R.S. § 490:2-601. For a buyer to adequately reject the goods, the goods must be truly non-conforming or the rejection will be considered wrongful and may give the seller “immediate remedies for breach.” H.R.S. §490:2-602 including comments.

A buyer may reject goods if they “fail in any respect to conform to the contract.” (H.R.S § 490:2-601) But that rejection “must be within a reasonable time after their delivery or tender”, and the buyer must “seasonably notif[y] the seller.” H.R.S. § 490:02-602. The importance of this provision cannot be overemphasized. A buyers failure to timely reject nonconforming goods has been found to constitute a waiver of the right of rejection. Also to be effective, a rejection requires a “clear and unequivocal act,” and not merely a request for cure. Matrix v Jolie, 2005 WL 1074774 at 6 (N.Y.City Civ.Ct., 2005), citing Hooper Handling, Inc. v. Jonmark Corp., 267 A.D.2d 1075, 1076 (N.Y.A.D. 4th Dept., 1999); Sears Roebuck & Co. v. Galloway, 195 A.D.2d 825, 827 (N.Y.A.D. 3d Dep., 1993).

The notice of rejection must be "clear and unequivocal". A buyer's “mere complaints” about the goods were not sufficient notice of rejection. If the buyer does not reject the goods pursuant to H.R.S. §490:2-602, then the buyer is deemed to have accepted the goods. H.R.S. §490:2-602. Moreover, the buyer’s use of the goods and failure to return the goods regardless of his “mere complaints” constituted acceptance. Maggio Importato, Inc. v Cimitron, Inc. 189 A.D.2d at 664. Mere complaints also are ineffective in revocation of acceptance. Swift Spinning Mills v. B&H Apparel, 2003 WL 942610 at 2 (S.D.N.Y., 2003) (“Although [buyer] may have informed [seller] that the denim streaked, there is no evidence that it revoked its prior acceptance. All denim has defects, and if a buyer wants to revoke acceptance of a fabric, it has to involve more than merely complaining of those defects.”).

This rule is also supported by H.R.S. §490:2-605 which requires a buyer to “state in connection with rejection, a particular defect” or risk waiving his objection to acceptance.

The UCC is a road map for buyers and sellers to follow in the event they have a dispute involving a contract for the sale of goods. A buyer or seller should state their objections to a transaction clearly, unequivocally and in writing. If it is cost efficient, consult with your attorney before proceeding. Retain copies of everything. These days, copies of email communication can be as valuable as any other writing. If you have any doubt whether it should be saved, print it out and show it to your lawyer.

Hawaii trial attorney Philip R. Brown has over twenty years experience in civil litigation. Mr. Brown has the highest legal ability/ethical rating in Martindale-Hubbell and may be found in the Bar Register of Preeminent Lawyers under the subject matters Civil Trial Practice, Commercial Litigation, and Personal Injury. His website is http://www.hawaii-attorney.net

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7 Tips For Your First Flea Market Or Car Boot Sale

In the current economic climate more and more people are turning to Flea Markets and Car Boot Sales both as a source of bargain and as a market for unwanted goods.

The increased popularity of such events has meant that more and more people are becoming first time sellers at these sales.

Your first event can either be a really enjoyable and profitable venture or it could be such a bad experience that it puts you off for life. Much of the success or failure will be down to the preparations that you make before the event. There are 7 tips which could help you if you are contemplating becoming a seller.

1. Be realistic with your pricing.

There are two simple mistakes anyone can make when it comes to pricing your goods for sale. You can ask too much or you can practically give away your goods. It all comes down to supply and demand. For instance you might be able to sell a modern cell phone with lots of features for 50% or more of its original price. But a book on Nuclear Thermo Dynamics may only sell for a few pence even if it was originally price at $50.

Balance your need top get rid of the goods with your desire to make as much profit as you can from the event.

2. Have a Float.

Make sure that you have plenty of small notes and change as a float. Most buyers will not have the correct money and if you cannot give change you could easily lose a sale.

3. Bags

You should also have a supply of bags that your customers can use to take their purchases away with them.

4. Strong Table

At many events you will be required to provide your own table and you should ensure that it is strong enough for the job. On several occasions I have seen flimsy tables sagging in the middle and the goods ending up on the ground. This can be very expensive if you have a lot of breakables on display.

5. Be prepared for the weather

Unless you live in one of those areas of perpetual sunshine you should be prepared for a rain shower. You need weather protection for yourself and your goods. An umbrella for you and a large polythene sheet to put over your table will be ideal.

6. Food and Drink
At some events there is catering available on site but at others you may have bring your own. As sales can last for several hours you could find yourself needing something to eat and drink.

7. Stay Sharp

Whilst most people are basically honest there are rogues in our society. Do not have expensive small items on display at the front of your table where they can easily be pocketed. Do not have a cash box and keep money out of sight
whenever possible and be vigilant.

Selling at Flea Markets and Car Boot sales can be an enjoyable way to make some extra money. With some preparation and thought you can make it an even better experience.

Another option is to sell your unwanted goods on eBay. To learn about Selling on eBay and learn the latest eBay news Click Here.

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The Difference Between Public Storage and Self Storage

In the past, public storage was more common than it is today. With public storage facilities, such as train stations, bus depots, and even airports, goods were not as privately stored as that in self-controlled self-service units. Public storage is, as its name implies, storage at a public facility. There is no freedom for the user of the unit to enter the facility at will after closing times. There is also less freedom in the kind of goods that you can store in a public facility. Just a suspicion that you are storing something illegal allows the management to enter your unit at their discretion.

Self-storage, on the other hand, is more private with users holding their own keys and locks. Many gates are operational as early as 6 a.m. and as late as 9 p.m., even on most holidays. It's rare for management to enter a unit unless the user of the unit has not paid the monthly rent. They have confirmation that the user is storing illegal goods in the unit. This privacy element is what makes self-storage units more popular with people than public storage. Add that to the size of the units in question - self-storage units are large enough to store furniture and appliances. Most public storage units are not, unless you are renting units in a public warehouse facility. Though these types of public storage units do exist, they are customarily for the benefit of businesses rather than individuals.

Self-storage units are much more convenient, since users have the ability to enter their units earlier in the day and later at night. This convenience even allows those with small businesses to storage their goods in their unit. For example, someone may have a vending route for which he rents his truck and buys his own products. The storage units are much cheaper than having to buy a store or warehouse in which to store the goods. It is more economical than a public storage unit, since it would likely be necessary to lease a unit much larger.

Self-storage units are more versatile, since they come in several different sizes, allowing for use by both businesses and individuals. The set up of self-storage allows larger vehicles to enter and bring the items to be stored right to the door of the storage unit. Thus, in reality, the convenience is enhanced when one can use a self-storage unit. Many public storage facilities are no longer even available, such as those at airports. In the past, people who use airport or bus terminal public storage units to transport illegal goods such as drugs or even for the drop bags of money for illegal purposes. Many of these are either closed or highly scrutinized to the point that many people fear putting anything in them, les they be ransacked by management of the storage facility. That doesn't mean that self-storage units allow illegal activities. It just means that they are not as likely to search a unit without cause as a public storage facility is.

Migson storage offers low cost self storage rooms. Provides public storage facilities for businesses and individuals.

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Overview of Trademark Law

Trademark law gives companies the exclusive right to use a given name or design, called a “mark,” for the purpose of identifying the source the of that company’s goods or services. Trademark law is an incentive-based system. Because it gives companies the exclusive right to use a mark in connection with certain goods or services, the company can create a brand that is recognizable by the consuming public. That trademark would be associated with and incorporated into every advertisement the company runs for its goods or services. Repetition of those advertisements containing the trademark causes consumers to associate the mark with the goods and, with enough repetition, consumers buy the goods.

A brief, but related, digression. We all know that if you see a product advertised frequently enough, the product will sell. You might even be one of the people who buys the product. The thinking process by which you reached the decision to buy the product is not an intellectual, logical process. It’s a function of the way the human mind works. Continually hearing a repeated message makes the message more familiar, more real, and, eventually, more true. As the adage says, “even the boldest lie becomes the truth if you scream it loud enough and long enough.” I call this the “Lie = Truth” Adage. Sadly, I frequently encounter the “Lie = Truth” Adage in litigation. I also know of some politicians and terrorist masterminds who are experts at exploiting this fact of human nature.

Back to trademarks. The advertising departments at most companies know the “Lie = Truth” Adage can be very successful in advertising. The cynic would pump his fist in the air yell “Down with the corporations, and power to the people! All the corporations care about is taking our money at all costs!” While we can point to some recent examples that might make it challenging to argue against this viewpoint, as to the overwhelming, vast majority of companies, that view simply cannot be supported.

Trademark law creates very strong incentives for companies to make the highest quality product possible and to advertise their merits and attributes accurately. Aside from the fact that companies invest anywhere from tens of thousands to millions of dollars into their trademark(s), all it takes is one bad product line to tarnish a companies image in the mind of the consumers who buy their products. Both of these factors hit companies where it hurts them most: in the pocketbook. So, while companies clearly have to perform a balancing act of creating a high quality product, keeping costs down, and pulling in as many purchasers as possible, they have very strong incentives to create a quality product that they will associate with their trademark.

To be eligible for any level of trademark protection, a mark must be “distinctive” and not merely “descriptive” of the goods or services. Whether a mark is distinctive and “how” distinctive or strong the mark is can be determined by a sliding scale. Marks can be (1) fanciful; (2) arbitrary; (3) suggestive; (4) descriptive; or (5) generic. Whether a particular mark is protected by trademark law depends on the strength category into which it falls.

A fanciful mark is one that is invented for the sole purpose of being a trademark. For example, EXXON is a fanciful mark. It is a word that does not exist in the English language and was created only for the purpose of identifying the oil and gas company.

An arbitrary mark is typically an existing word that is arbitrarily applied to a product or service that has nothing to do with the word. For example, the mark APPLE as applied to sales of computers.

A suggestive mark is a mark that suggests a quality or characteristic of the goods or services. Suggestive marks require some level of imagination to bridge the connection between the mark and the product. For example, the mark PENGUIN as applied to refrigerators.

A descriptive mark is a word that merely describes a quality or characteristic of a product. Descriptive marks are not entitled to trademark protection unless they have obtained “secondary meaning” under the trademark law. An example of a descriptive mark would be LIGHT to identify a lightweight notebook computer.

A generic mark simply identifies by name a particular product. Generic marks are never entitled to trademark protection. An example of a descriptive mark would be MODEM in connection with modem sales. If trademark protection were allowed in this instance, the company could essentially remove the word “modem” from the English language.

Henry J. Fasthoff, IV
Principal & General Counsel
HoustonBusiness.com

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The Benefits of Bartering Goods and Services Between Private Individuals

Bartering is not a new concept. It's been around probably for as long as man has walked the earth. In fact, long before money existed people traded goods for services or services for other services. That's how commerce took place.

Today, bartering is as popular as it has ever been, particularly among small businesses that are often strapped for cash. The internet features hundreds, perhaps even thousands, of barter exchange websites that have been set up to help small, struggling businesses survive and even thrive by providing a way for them to access needed goods or services they might not otherwise be able to afford.

The owner of a shoe store may trade a pair of loafers to the dentist for a check-up and a teeth whitening treatment if both are members of the same barter exchange and have access to one another. An interior decorator may barter her professional service for a pair of stylish earrings and the transaction, without the exchange of any money, will be helpful to both businesses.

But bartering is not exclusive to small businesses. It is also commonplace today among ordinary consumers - private citizens. That's because the depressed economic climate has left many people short of funds, without employment or facing other hardships. Many regular folks just don't have the money needed to buy the goods or services they want or need. But, they often have something they can trade.

Barter exchange websites exist for consumers, too. And every day more and more people with access to computers are joining these websites and taking full advantage of the opportunities that exist on them. In fact, online communities like Craigslist and Swap Thing provide environments that encourage members to trade goods and services without any movement of money. Not a single dime changes hands.

These websites are adding members daily ... lots of them. Just recently, Craigslist had a whopping 142,000 postings offering everything for exchange except the kitchen sink. And it's actually possible that was available, as well.

Swap Thing is even more engaged. It generally has up to a phenomenal 35 million listings of everything from school clothes to school books ... vacations to home rentals ... labor for merchandise ... and on and on and on.

Does it really work for people who commit themselves to the idea? The answer is a resounding yes, particularly in these economically-depressed times when money problems are common in many households.

Consider the case of a woman I will call Rachel (not her real name). She and her husband Ted (not his real name, either) live in a Midwestern city and have always dreamed of vacationing in Cape Cod. For Rachel, in particular, it's been a lifelong dream. And Rachel and Ted were finally going to realize that dream ... until they found out that decent lodging in the area would cost about $200 a night, somewhat beyond their vacation budget. In most cases, that shortness of available cash would absolutely squelch any chance of the vacation becoming a reality.

However, given the current proliferation of barter exchange websites for consumers, Rachel seized upon an idea. She advertised her husband Ted's professional accounting services in exchange for lodging for 3 or 4 nights in a Cape Cod hotel, motel or similar kind of lodging. The posting appeared on Craigslist and, as a result, Rachel and Ted will be able to enjoy their Cape Cod vacation - cost-free.

There are, of course, thousands of other examples of successful swaps or barter exchanges between consumers in which each party to the exchange ended up a winner. In fact, each year, as summer ends and fall arrives - along with the beginning of a new school year -- many hard-pressed moms are able to trade a coveted service for school uniforms for their school-age kids. That, of course, saves a costly trip to the clothing store. Parents and older kids, especially those already in college, enjoy trading for school textbooks which any advanced student knows tends to be alarmingly expensive.

Clearly, barter works as well for individual consumers as it does for small businesses. And, as is true for small businesses, the consumer who engages in bartering meets many new friends (businesspeople meet and get many new customers) ... enjoys a transaction in which he or she almost always wins ... and develops a pastime (or habit) that often turns into a compelling passion.

There is more for ordinary consumers to like about bartering, as well. It provides a real opportunity to move and rid yourself of old, dust-collecting items (just as would happen if you conducted a yard sale) ... enjoy the true fun that comes from trading (you'll be like a "kid in a candy store") ... and, of course, when you trade or barter, you save money. That is particularly meaningful now, in these difficult economic times.

What's more, you may also be able to acquire goods that you've always wanted, but could never afford (such as expensive, if slightly-used, luxury items, including clothing and jewelry, exotic vacations or great electronic merchandise for your home)... or services, including health or cosmetic care and treatment ... or professional services, such as accounting, tax returns, even legal advice just because you're a member of a website exchange community=2 0and you're willing to give up something to get something in return - with absolutely no exchange of cash.

So now you need to ask yourself: is bartering something that I can enjoy and profit from? If you're like millions of other people, the answer is probably yes. And even if you are someone who stands apart from the crowd, the answer is still likely to be yes. Bartering is a social experience ... and generally quite enjoyable for those who participate in it. In all likelihood, it is something you will enjoy for its social aspects and profit from, as well, because it will enable you to acquire needed goods and services without the use of your hard-earned money.

Writer strongly suggests: http://www.BarterExchange.com

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A Rundown On Logistics Vs Transportation

Two of the most important sectors that help move a country's economy are logistics and transportation. Both are important cogs in the wheels of economy since they help bring in and distribute goods and materials. For example, if there is shortage of wheat and rice in Malaysia or Vietnam, other South Asian nations can help in providing supplies to satisfy the need.

Logistics and transportation are two words closely related to each other. As a matter of fact, with the example given previously, both processes are done hand in hand. But the question is can one really survive without the other? Or is there no absolute difference between the two and that both logistics and transportation are referring to the same entity?

Transportation refers to the means of distributing goods, supplies, resources, information, people, and energy from the original point to the destination point using any of the five modes of transport: animal-drive, air, road, rail, and water, or a combination thereof. Since transportation is concerned only with moving the supplies, someone has to take care of handing, packaging, managing the time the goods are fetched and delivered, and maintaining coordination, especially when inter-modal or a combination of two or more transport modes is used. That's when logistics comes in.

Logistics is defined as the process of managing goods, supplies, resources, information, people, and even energy from the source to the user. Any country can testify how important logistics is for its health. Logistics is not just a company that gets your airmails delivered promptly. Logistics is found in every department of a government, from the military to health agency, from education to infrastructure agency, and of course, the time-conscious world of commerce. This application of logistics is more popularly known as business logistics.

Business logistics, unlike military logistics where the concern is focused more on speed and quantity, is more concentrated on delivering the exact item, at the ideal time and place, at an ideal price, using an efficient amount of energy, man power, and financial resource. It is the business of most couriers in the world.

While most couriers have their own vehicles, such as air planes, ocean jets, trucks, and ferries, it is not really necessary for business logisticians to have their own means of transportation. In cases like this, trucking or shipping service providers are hired to distribute the commodities.

For example, in sending goods to a country where air travel is not available, the courier gets the services of a shipping company, and additionally, a trucker to help in delivering the goods once the ship has arrived. The courier has the responsibility to choose which ship and truck provides the fastest yet efficient handling of the supplies. A courier might also need a place of storage or a warehouse company, especially when there is a need to stock the goods while waiting for the trucker. Most shipping companies, however, do have their own warehouses.

Just lately, truckers and shipping companies have begun adapting logistics as part of their business operation. This raises the question then as to which service to avail of when sending goods. Should one go for logistics or transportation companies?

Whether one chooses logistics over transportation, the answer will have no difference. See, even transport companies employ logistics to their business operations. Both indeed must go hand in hand in order to achieve secure and efficient delivery goods.

If you are interested in logistics vs transportation, check this web-site to learn more about transportation vs transportation.

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Five Tips For Selling Digital Goods On Ebay

Selling digital items, such as special reports and ebooks though eBay is one of the best ways to build an online business. With no inventory or postage costs, you could find yourself with a very profitable business within days. Here are five tips for selling digital items.

1 - Open an eBay Shop Or Store

Store and Shop Inventory is always cheaper, and allows for a longer listings - upto ninety days. Being cheaper than Buy-It-Now options, once your store is established you'll find a lot of sales come this way.

2 - BONUS!

What's in it for me? Why should a bidder, consider bidding for your item rather than an alterative seller offering the same item. Make sure they've a good reason to bid for yours by including a free product that is relevant to the one your selling.

3 - Rights

Can you offer resell rights with your product? Make sure this is clearly indicated within the eBay listing.

4 - Ebay Format

Ebay offers three formats for selling, Auction, Buy-It-Now and Store Inventory. Auctions and Buy-It-Now gets the most exposure so be certain to offer these. Often bidders would rather pay a bit more and use Buy-It-Now, than wait until the end of the auction and risk losing it.

5 - Delivery

Ebooks are always delivered digitally whether though a download location or attached to an email. Make it clear within your Ebay listing how & when the item will be delivered. If you use software or a script that allows products to be delivered instantly after payment be sure to specify that so your customer can use it sooner.

Written by Mark Kenny. Join http://www.AuctionCUT.com - the online auctions and ebay forum Come and discuss your eBay or online auction goals, with Mark and other members. AuctionCUT offers ad revenue sharing for members and an exclusive dropshipping report.

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