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A refund guarantee is an essential component of almost every shipbuilding project, without which the buyer will be unwilling or unable to proceed. There is no standard form of refund guarantee in universal usage, and both the form and substance of refund guarantee instruments vary widely from case to case. The ambiguity or uncertainty of the meaning of refund guarantee instruments, against a backdrop of a sharp downturn in the shipping markets, has led to numerous disputes in recent years concerning refund guarantees, which have been the subject of a number of important decisions of the English Courts. This is the first English law text book dedicated to the subject of refund guarantees. It provides essential guidance as to the issues arising and the pitfalls to be avoided. It analyses the specimen form of guarantee annexed to Bimco’s NEWBUILDCON form, and covers topics such as the circumstances in which the liability of the guarantor may be discharged, and when a builder may be entitled to obtain an injunction to restrain payment under a refund guarantee. It will be an essential and practical guide for those engaged in the shipbuilding industry, including shipbuilders, shipowners, banks and insurance companies, P&I clubs, and those advising them.
A less-expensive grayscale paperback version is available. Search for ISBN 9781680923018. Business Law I Essentials is a brief introductory textbook designed to meet the scope and sequence requirements of courses on Business Law or the Legal Environment of Business. The concepts are presented in a streamlined manner, and cover the key concepts necessary to establish a strong foundation in the subject. The textbook follows a traditional approach to the study of business law. Each chapter contains learning objectives, explanatory narrative and concepts, references for further reading, and end-of-chapter questions. Business Law I Essentials may need to be supplemented with additional content, cases, or related materials, and is offered as a foundational resource that focuses on the baseline concepts, issues, and approaches.
A James Patterson Presents Novel From the #1 New York Times and USA Today bestselling author of the Stalking Jack the Ripper series comes a new blockbuster series... Two sisters.One brutal murder. A quest for vengeance that will unleash Hell itself... And an intoxicating romance. Emilia and her twin sister Vittoria are streghe -- witches who live secretly among humans, avoiding notice and persecution. One night, Vittoria misses dinner service at the family's renowned Sicilian restaurant. Emilia soon finds the body of her beloved twin...desecrated beyond belief. Devastated, Emilia sets out to find her sister's killer and to seek vengeance at any cost-even if it means using dark magic that's been long forbidden. Then Emilia meets Wrath, one of the Wicked-princes of Hell she has been warned against in tales since she was a child. Wrath claims to be on Emilia's side, tasked by his master with solving the series of women's murders on the island. But when it comes to the Wicked, nothing is as it seems...
Describes how to create a service-oriented organization, including training customer service representatives, soothing angry customers, and understanding employee and customer motivation
Cut warranty costs by reducing fraud with transparent processes and balanced control Warranty Fraud Management provides a clear, practical framework for reducing fraudulent warranty claims and other excess costs in warranty and service operations. Packed with actionable guidelines and detailed information, this book lays out a system of efficient warranty management that can reduce costs without upsetting the customer relationship. You'll dig into the whole spectrum of warranty fraud, from simple sloppy procedures to systematic organized crime, and get to know the fraudulent parties, the victims, as well as the objectives and methods of the fraudulent activities in different scenarios. You'll learn how to implement controls to detect and reduce fraudulent claims and decrease the overall warranty costs. The impact of fraudulent claims is plainly spelled out alongside detailed descriptions of typical symptoms and process gaps present in diverse companies. A comprehensive, multi-modal framework for robust warranty management is presented as a template for revamping your own company's strategy. Fraudulent warranty claims occupy an estimated 3-15 percent of the average company's warranty costs, which generally average between 1-4 percent of sales. Many companies are unaware of the issue or struggle to take action against the claims for fear of upsetting business partners, or because they lack tangible evidence. This book details a robust warranty control framework that institutes transparency and control over the whole warranty chain—supporting the process far beyond just fraud reduction. Understand the different actors (customers, sales channels, service agents, warranty providers, etc.) and different forms of warranty fraud Uncover issues in your company's warranty processes Learn methods to detect and prevent fraudulent activities Implement a robust system of warranty cost control Warranty fraud is a major cost-control issue for most companies, but the sensitive nature of the topic leaves most reluctant to share their experiences and divulge their strategies. Warranty Fraud Management brings warranty fraud out into the open, and provides a clear, actionable framework for cost-savings through fraud reduction.
As the volume of international business transactions continues to grow dramatically, and as trade relations develop between an ever-increasing number of countries, it is inevitable that many questions of comparative business risk and liability should arise. What common elements underlie the various methods of limiting product liability applied in different national jurisdictions? How do different legal regimes protect the legitimate rights of consumers? These were the fundamental questions addressed by a well-attended seminar on warranties and disclaimers held within the framework of the 2000 Annual Conference of the International Bar Association in Amsterdam. The seminar--jointly sponsored by IBA Committees S (Products, Liability, Advertising, Unfair Competition and Consumer Affairs), M (International Sales and Related Commercial Transactions) and CC (Corporate Counsel)--consisted of four introductory summaries and 33 country reports by local practitioners. The presentations focused on many important issues, including the following: legal and contractual warranties in contracts for the supply of goods or services between manufacturers, distributors and end-users; methods of communicating disclaimers and limitations of liability; strategies for securing limitations of liability downstream; and variations in the legal effectiveness of disclaimers and limitations. This wealth of material has been compiled and reproduced in this remarkably useful book. Business lawyers will find its insights immensely valuable, whether they are drafting contracts or dealing with potential or actual liabilities virtually anywhere in the world.
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.