In Direct Sales – Ditch Your Frank List and Use Target Marketing

For most of us in Direct Sales, 10 new recruits equals a promotion – either for someone in our organization, or for ourselves. Sometimes it equals qualifications for a special incentive – perhaps a trip to some exotic locale, or maybe some designer jewelry.

Most of us, who follow the out-dated ideas that our upline offers have been spinning our wheels watching THEM earn trips and recognition, while we sit scratching our heads, wondering why we aren’t getting in on the action. I mean, after all, we’re doing exactly what they told us, exactly the way they told us to do it.

Is this happening to you?

Our upline said make a list of 100 people. Check.

Our upline said contact them all and ask them to “help” you get started. Check.

Our upline said it’s a numbers game, talk to everyone. Check.

Our upline said to stay away from running ads in the paper. Check.

Our upline said to do 3 way calls. Check

Our upline said bring our recruits to the opportunity meetings. Check.

Our upline said pass out 500 business cards each month. Check.

Is your team growing by leaps and bounds?

Our upline never told us to be an authority on our company’s best product (that would be YOU!).

Our upline never told us to market ourselves first, and the company second.

Our upline never presents us as the authority. They become the “guru” instead of us!

Our upline never told us we could use the Internet to build our businesses on autopilot.

It means you need to position yourself as the expert. Set yourself apart and start thinking and acting like a leader NOW. Change your mindset – even if you’ve been in the business for years, start thinking like a leader at the next pay level. Already at the top of your game? Great. Start thinking like the owner of your company.

By the way, YOU are the owner of your company. You have the best product to offer anyone – and that is YOU. You can’t get that product from any other company.

Christie Northrup, the Lemonaid Lady, is a champion of ditching the FRANK list. She talks about using “WILMA” instead:

“Who

Is a

Likely

Marketing

Audience?”

Target marketing is the best way to see desirable results. The Shotgun methods still work, but the amount of time and energy you put into growing a business that way is, to me, excessive.

Let’s break down the numbers. ASSUMING you can buy 500 business cards for just the cost of shipping (there are online companies that run specials periodically), You’ve got a $10 investment in materials, plus the time it takes to deliver all of them. From here, we have to make a lot of assumptions:

  • Assume you give away 30 at every party (3 to each guest – who needs 3 business cards?)
  • Assume you have 8 parties per month (that’s pretty standard in Direct Sales)
  • Assume you give away 1 to every person you meet outside a party (that’s another 260 people each month)
  • Assume it takes 1 minutes to deliver each card outside a party (and really, you’re not building a relationship, you’re just shoving a card into their hand)
  • Assume a 1% conversion rate

You’re spending 4 hours each month just giving away cards, plus the additional 24 hours you’ve spent preparing and doing your parties. And I must reiterate – who really needs 3 of your business cards? More to the point, who’s going to TAKE 3 of your business cards?

And if you give away 6,000 cards each year, you’ve got 60 new leads (about 5 per month) that may book, buy or recruit. Most of those will probably come from your shows anyway, to be honest. For $120 in business card expenses (plus other show and travels costs) and 336 hours of your life. Each POTENTIAL lead costs you $2 and 5.6 hours of your life!

Is your head spinning yet?

Now if you really, truly have no other method of building your business, it’s a start. But I hope you realize that there are other, better options to growing your business. You could definitely be putting that time (and money) to better use elsewhere.

Find a niche and fill it.

In direct sales, there are targeted groups of prospects for every product line available. All you have to do is ASK your home office what the target demographic is for your direct selling company. If they can’t tell you, you’ve got bigger problems. If you sell kitchen tools, who it your target market? Men? Women? What about age, income, ethnic origin? The more you focus, the smaller your market will be.

Smaller market=bigger return on investment

If you invest your time and money wisely in your target market, you can easily bring your time and money cost to less than half of what you would have paid for the shotgun business card method.

Think of it this way, would it be wise for a retailer to send advertisements to everyone in an entire city, when all they sell is children’s clothing? Absolutely not! A better use of their advertising dollars would be to focus on places where there are mothers of children who want/need their kind of clothing. Moms buy the clothes, not the kids (in most cases), so it’s wise to find out where they buyers are.

Think about your product? Who are the most likely buyers? Yes, contrary to what your upline has told you, it IS okay to pre-judge. At least for now. Focus in on that market. You know where they are most likely to spend their money (with you!), now figure out where they are most likely to spend their time. Go there. Market yourself THERE.

You’ve heard it said before that parties/demos are the life blood of a direct sales business. Your most targeted market is right in front of you – in a semi-captive group. This is a place where you would NOT want to pre-judge. Everyone is there for a reason. That reason may be you.

Doctrine of Accord and Satisfaction

Doctrine of Accord and Satisfaction

Accord and satisfaction is the purchase of the release from an obligation, whether arising under contract or tort by means of any valuable consideration not being the actual performance of the obligation itself. The accord is the agreement by which the obligation is discharged. The satisfaction is the consideration which makes the agreement operative. The consideration may be executory.

Under English law, an accord without satisfaction is of no effect. In Indian law, an accord is an agreement, there must be consensus ad idem; its validity liable to be judged by the general law of contract quite apart from the provisions of sections 62 and 63 of the Indian Contract Act, 1872.

A liability arising out of breach of contract may be discharged by the doctrine of accord and satisfaction. An accord is an agreement made after breach whereby some consideration other than the legal remedy is to be accepted by the party not in fault, followed by the performance of the substituted consideration.

The question is, whether an arbitration clause in a contract survived despite the purported satisfaction of the terms of the contract. Normally, an accord and satisfaction by itself would not affect the arbitration clause for even rights and obligations of the parties are worked out, the contract does not come to an end. If the dispute is that the contract itself does not subsist, the question of invoking the arbitration clause may not arise. But in the event it be held that the contract survives, recourse to the arbitration clause may be taken.

The doctrine of accord and satisfaction has many underlying principles, including the acceptance of a lesser sum and acceptance of any satisfaction. The Privy Council gave its views on the doctrine in Payan Reena Saminathan v. Puna Lana Palaniappa [41 IA 142]. The doctrine and its usage in India have been derived from the American Common Law.

BACKGROUND OF THE DOCTRINE

Section 63 of the Indian Contract Act allows a party to a contract to dispense with the performance of the contract by the other party, or to extend the time of performance or to accept any other satisfaction instead of the performance.

According to Section 62 of the Indian Contract Act, on the other hand, every person who accepts a proposal may dispense with or remit wholly or in part, the performance of the proposal made to him which he has accepted, or may extend the time for such performance or may accept instead of it any satisfaction which he thinks fit.

In accordance with section 62 and section 63 of the Indian Contract Act, 1872, the party who has the right to demand the performance may:

(i) dispense with or remit the performance; or

(ii) extend the time for performance; or

(iii) accept any other satisfaction instead of performance.

The sections 63 and 62 must be construed so as to not overlap with each other. This can be done by holding that agreements referred to in section 62 are agreements which more or less affect the rights of both the parties to the contract discharged by such agreements. Those referred to in section 63 are such as to affect the right of only one of the parties.

The former case necessarily implies consideration, which may be either the mutual renunciation of right, or, in addition to this, the mutual undertaking of fresh obligations, or the renunciation of some right on the one side and the undertaking of some obligation on the other. It is only when the agreement to discharge affects the right of only one party that consideration might be found wanting. There alone the Indian law departs from the English law by making provisions for every such possible case in section 63. The result is that the agreement set up by the defendant which falls under section 63 is binding, though without consideration.

This section enables the defendant in a suit filed by the promise, dispensing or remitting performance or accepting satisfaction and subsequently trying to enforce, the promise made to him, to plead that he was relieved from performance that which the plaintiff told he need not do. It has been held, in the case of New Standard Bank Ltd. v. Probodh Chandra Chakravarty [AIR 1942 Cal 87], that an agreement made between the parties after the breach of contract may be enforced under this section.

Difference from the English Contract Law:

Under the English law, it is competent for both parties to an executor contract by mutual agreement, without any satisfaction, to discharge the obligation of that contract; in other words, reciprocal promises are a sufficient consideration for each other, so are reciprocal discharges. A contract rescinded by an agreement, stands completely discharged and cannot be revived.

But an executed contract cannot be discharged except by release under seal, or by performance of the obligation, as by payment where the obligation is to be performed by payment. Subject to that exception, ‘the new agreement in rescission or alteration of the prior contract must in general satisfy all the requirements of an independent contract’, and so must an agreement to accept satisfaction for a right of action which has arisen by breach of contract.

This section makes a wide departure from the English law, and the principles of that law cannot be relied upon to interpret the section. The intention of the present section to alter the rule of the common law is clear; and this has been recognised in several Indian cases.

Necessity of satisfaction in a contract:

In 1903, the High Court of Bombay had held (Abaji Sitaram Modak v. Trimbak Municipality) that a dispensation or remission under this section involved a promise as defined by section 2(b) or an agreement within section 2(e), so that ‘there must be a proposal of the dispensation or remission which is accepted’: in technical terms, that the effect of the section is only to allow an accord to be good without satisfaction.

Many jurists have continuously protested against this ruling and suggested that the words of the section ought to be construed according to their natural meaning and a promise could discharge the promise not only without consideration but without a new agreement.

Views of the Privy Council:

The principle of accord and satisfaction has been stated by the Privy Council as a principle of substituted agreement thus in the cases of Reena Saminathan v. Puna Lana Palaniappa [41 IA 142] and UOI v. Kishorilal Gupta & Bros [AIR 1959 SC 1362].:

“The ‘receipt’ given by the appellants and accepted by the respondent, and acted upon by both parties proves conclusively that all the parties agreed to a settlement of all their existing disputes by the arrangement formulated in the ‘receipt’. It is a clear example of what used to be well-known in common law pleading as ‘accord and satisfaction by a substituted agreement’. No matter what were their respective rights of the parties inter se they are abandoned in consideration of acceptance by all of a new agreement. The consequence is that when such an accord or satisfaction takes place, the prior rights of the parties are extinguished. They have, in fact, been extinguished by the new rights; and the new agreement becomes a new departure and the rights of all the parties are fully represented by it.”

There have been two interpretations of this doctrine till date, the situation in which the party not at fault accepts any satisfaction in place of the original consideration and most importantly, when he or she accepts a lesser sum as satisfaction until the previous contract is discharged.

ESSENTIAL ELEMENTS OF THE DOCTRINE

The doctrine of accord and satisfaction is merely a method of discharging a claim whereby the parties agree to give and accept something in settlement of the claim and perform the agreement, the accord being the agreement and the satisfaction its execution or performance, and it is a new contract substituted for an old contract which is thereby discharged, or for an obligation or cause of action which is settled, and must have all of the elements of a valid contract.

To constitute an accord and satisfaction, there must have been a genuine dispute that is settled by a meeting of the minds with an intention to compromise. Where there is an actual controversy, an accord and satisfaction may be used to settle it. The controversy may be founded on contract or tort. It can arise from a collision of motor vehicles, a failure to deliver oranges ordered and paid for, or a refusal to finish constructing an office building, etc.

An accord and satisfaction can be made only by persons who have the legal capacity to enter into a contract. A settlement is not binding on an insane person, for example; and an infant may have the right to disaffirm the contract. Therefore, a person, such as a guardian, acting on behalf of a person incapable of contracting for himself or herself may make an accord and satisfaction for the person committed to his or her charge, but the law may require that the guardian’s actions be supervised by a court.

An executor or administrator may bind an estate; a trustee can accept an accord and satisfaction for a trust; and an officer can negotiate a settlement for a corporation.

A third person may give something in satisfaction of a party’s debt. In such a case, an accord and satisfaction is effected if the creditor accepts the offer and the debtor authorizes, participates in, or later agrees to, the transaction.

For example, a widower has an automobile accident but is mentally unable to cope with a lawsuit because his wife has just died. He gratefully accepts the offer of a close family friend to talk to the other driver, who has been threatening a lawsuit. The friend convinces the other driver that both drivers are at fault to some extent. The friend offers to pay the other driver $500 in damages in exchange for a written statement that she will not make any claim against the widower for damages resulting from the accident. The family friend and the other driver each sign a copy of the statement for the other, and when the payment is made, the accord and satisfaction is complete. If the other driver then sues the widower for more money on account of the accident, the widower could show that he agreed to let his friend negotiate an accord and satisfaction, and the court would deny relief.

Most commonly, this is seen in situations where people lack the capacity to consent and negotiate legal agreements, and the person negotiating the contract may be supervised to confirm that the agreement is in the best interests of the person being represented. People can also reach accord and satisfaction on behalf of someone else more informally; for example, a parent may help an adult child settle a debt to a landlord, acting on behalf of the child to resolve the matter. However, the law may require that the guardian’s actions be supervised by a court. An executor or administrator may bind an estate; a trustee can accept an accord and satisfaction for a trust; and an officer can negotiate a settlement for a corporation.

An accord and satisfaction is a contract, and all the essential elements of a contract must be present. The agreement must include a definite offer of settlement and an unconditional acceptance of the offer according to its terms. It must be final and definite, closing the matter it covers and leaving nothing unsettled or open to question. The agreement may call for full payment or some compromise and it need not be based on an earlier agreement of the parties. It does not necessarily have to be in writing unless it comes within the statute of frauds.

Unless there are matters intentionally left outside the accord and satisfaction, it settles the entire controversy between the parties. It extinguishes all the obligations arising out of the underlying contract or tort. Where only one of two or more parties on one side settles, this ordinarily operates to discharge all of them. The reason for this is the rule that there should be only one satisfaction for a single injury or wrong. This rule does not apply where the satisfaction is neither given nor accepted with the intention that it settle the entire matter.

An accord without satisfaction generally means nothing. With a full satisfaction, the accord can be used to defeat any further claims by either party unless it was reached by fraud, duress, or mutual mistake.

A valid accord does not discharge the prior contract, it suspends the right to enforce it in accordance with the terms of the accord contract, in which satisfaction, or performance of the contract will discharge both contracts (the original and the accord). If the creditor breaches the accord, then the debtor will be able to bring up the existence of the accord in order to enjoin any action against him.

The accord agreement must be transacted on a new agreement. It must therefore have the essential terms of a contract, (parties, subject matter, time for performance, and consideration). If there is a breach of the accord there will be no “satisfaction” which will give rise to a breach of accord. In this instance the non-offending party has the right to sue under either the original contract or the accord agreement.

A mere retaining of the money sent by the promisor does not imply satisfaction. Whether or not the money is taken in satisfaction is a question of fact to be determined keeping in view all the circumstances of the case. An award of damages for breach of a contract is not the same thing as a party to the contract accepting satisfaction of the contract other than in accordance with the original terms thereof.

ACCEPTANCE OF ANY SATISFACTION

According to the doctrine of accord and satisfaction, the promise may accept, instead of performance of the promise, such satisfaction as he thinks fit. But until the satisfaction agreed upon remains executory, the original cause of action is not discharged. But where the promise accepts the promise itself in satisfaction, the original cause of action is discharged.

In the case of Manohur Koyal v. Thakur Das Naskar [(1888) ILR 15 Cal 319], the defendant executed a bond of a certain sum of money in favour of the plaintiff, to be repaid on a certain date at eighteen percent per annum. If not paid on that date, the rate would be increased to twenty – four per cent per annum. The defendant came to the plaintiff on the day of repayment and expressed his inability to pay the said amount. Instead, he offered to pay Rs.400 cash and agreed to issue another bond in favour of the plaintiff to be paid at a much later date. The plaintiff accepted theses terms, but the defendant failed to carry them out. The plaintiff filed a suit for recovery of the original balance and the later promised amount from the defendant. The Court applied the principle of accord and satisfaction from section 63 of the Indian Contract Act and entitled the plaintiff to the entire sum demanded by him, stating that the reason was that the plaintiff had accepted the promise to carry out a different set of terms and conditions as the satisfaction for the later contract.

A contract between a debtor and a creditor that the debtor should sell and the creditor should accept any property in satisfaction for the debt, may operate in one of three ways, namely:

(i) the contract by itself may operate as an absolute discharge of the debt, giving the creditor thereafter only the remedy by way of the specific performance of the contract; or

(ii) it may operate only as a conditional discharge of the debt, giving the creditor in case of the debtor’s default, a right to claim either a performance of the contract or if he elects to put an end to it, the payment of the debt; or

(iii) the contract may be an independent transaction, in the sense that it does not affect the rights of the creditors or the obligations of the debtor till the sale is actually completed.

In which of these ways the contract is to have operation will depend upon the intention of the parties to be gathered in the absence of any express stipulation, from their conduct and the surrounding circumstances in the particular case.

It was held in the case of Sakarchand Shamji v. Ismail Hoosein [AIR 1931 Rang 189], that where on the breach of contract for sale, the buyer accepted a promissory note to reimburse loss on breach, and the receipt for one of the payments stated that the whole amount was not paid within a particular time, there was no agreement to revive the original cause of action.

In the case of Ram Swaroop Mam Chand v. Chhaju Ram & Sons. [(1937) 1 Cal 757], the Court held that before a party can be said to accept something other than the performance stipulated for in satisfaction of the contract, it should be open to him to refuse such satisfaction and to insist on the performance of the contract in accordance with its terms.

Thus, if any party instead of original satisfaction of a claim accepted another satisfaction, deemed fit by it, such unilateral acts were covered under section 63 of the Indian Contract Act.

ACCEPTANCE OF A LESSER SUM

Although the rule that the court does not enquire into the adequacy of the consideration is applicable in general, and therefore anything different in kind from what is due may be good satisfaction without regard to its apparent value, yet the court cannot help knowing that nineteen pounds is not equal to twenty pounds. Accordingly, a less sum of money cannot be good for a greater sum already due. This last rule was confirmed with great reluctance by the House of Lords in the case of Foakes v. Beer [[1881 – 85] All ER Rep 106].

However, in Indian law, neither consideration nor an agreement is necessary for enabling a promise to dispense with or remit the performance of the promise or accept any other satisfaction in place of the original satisfaction.

This is one of the most common manifestations of the doctrine of accord and satisfaction. Where there has been a true accord under which the creditor voluntarily agrees to accept a lesser sum in satisfaction and the debtor acts upon that accord by paying the lesser sum and the creditor accepts it, then it is inequitable for the creditor afterwards to insist on the balance.

The real emphasis is not on the acceptance of a smaller sum, but on the debtor’s condition that if the tendered money be at all accepted, it must be in discharge of the entire debt. A creditor accepting payment on a condition cannot accept the payment and repudiate the condition. Such accord and satisfaction are a question of fact, implying an agreement to take the money in satisfaction of the claim in respect of which it is sent; and preclude the creditor promise from claiming the amount under the original contract.

This was seen in the case of State of Maharashtra v. Nav Bharat Builders [(1994) SC 3 SCC 83], where in a mutual agreement pending a suit, a contactor agreed to receive on account of his claim, labour escalation charges, an amount calculated according to specified principles aand in order to withdraw the suit, there was accord and satisfaction after he had accepted the amount and withdrawn the suit.

The same principle was applied in the case of PK Ramaiah v. CMD, National Thermal Power Corpn. [(1994) Supp 3 SCC 126], in which when the creditor accepted the final measurements of the work completed and issued a receipt stating that the amount had been received in full and final settlement, there was accord and satisfaction and the creditor was not entitled to claim the balance.

Once any dispute is settled in this manner, no arbitral dispute remains, and the arbitration clause cannot be invoked.

If a cheque for a smaller amount than the debt due is sent to the creditor in full satisfaction, it does not discharge the debt if the latter does not accept it as such. It depends upon the intention of the parties as expressed in the correspondence and the character of the transaction.

For instance, in the case of Union of India v. Gangaram Bhagwandas [AIR 1977 MP 215], the railway sent a cheque for a smaller sum than the claim of the plaintiff in court in full and final satisfaction as settlement of the claim. The plaintiff encashed the cheque but continued his suit for the balance. The court held that the plaintiff had not accepted the cheque in full and final settlement as he continued the suit.

Similarly, in the case of Tata Locomotive & Eng. Co. Ltd. v. Sardar Kartar Singh [AIR 1961 Pat 37], a cheque for a smaller sum was sent to the creditor with the request that it be accepted in full payment, accompanied by a receipt to be signed by the creditor in full satisfaction. The cheque was cashed but no receipt was sent. On the contrary, before cashing the cheque a demand for the rest was made. The payment was held not to be in discharge of the entire debt.

Further, in respect of a works contract, if a contractor accepts the final bill, it would not mean that he was not entitled to make any claim. He was not precluded in law from raising the rest of his claim. The judgement is clearly right since under section 63 of the Indian Contract Act, there have to be accord as well as satisfaction to discharge the liability of the debtor.

The acceptance of a lesser sum of money where more is due, is a good discharge of the whole liability. The Supreme Court decision in Kapur Chand Godha v. Mir Nawab Himayatali Khan [(1963) 2 SCR 168] illustrates this. In this case, the liability was above twenty-seven lakhs of rupees. A Committee was formed to clear up the matter, which offered the creditor twenty lakhs in full satisfaction of the debt. The plaintiff after some initial protest expressed his readiness to accept the sum sent in full satisfaction of his claim and discharge the promissory note making endorsement of full satisfaction and received the payment. After the settlement, the creditor sued the debtor for the balance amount.

Justice S.K.Das held that “the facts of the case are completely covered by section 63 and illustration (c) thereof. The appellant having accepted the payment in full satisfaction of his claim was not entitled to sue”.

For this principle to lie, there must be proof that the a lesser sum has been accepted by the party not at fault.

FULL SATISFACTION AS THE ACCORD

It is the general rule that full satisfaction equals the accord. That is, after a party not at fault has accepted the satisfaction for an extension in the performance of the previous contract, the accord is complete and the other party cannot back out of the performance of his part of the contract so formed.

This rule has certain exceptions. If the party was made to enter into the contract despite protesting against it, the accord does not hold good. For instance, in the case of Union of India v. Gangaram Bhagwandas [AIR 1977 MP 215], the railway sent a cheque for a smaller sum than the claim of the plaintiff in court in full and final satisfaction as settlement of the claim. The plaintiff encashed the cheque but continued his suit for the balance. The court held that the plaintiff had not accepted the cheque in full and final settlement as he continued the suit and this was clearly a protest against the acceptance of the satisfaction.

Similarly, if the second party gave his assent to the accord under undue influence, mistaken belief or coercion, this rule is not applicable. Also, if the second party entered into the agreement for accord and satisfaction under the pressing circumstances, the doctrine does not apply, as in the case of Usman v. Union of India.

POSITION IN THE AMERICAN COMMON LAW

In the American common law, the term “accord and satisfaction” is used to express “the legal consequence of a creditor’s acceptance of a substitute performance for a previously existing claim or prior original duty.” As the conjunctive name implies, accord and satisfaction consists of two distinct parts. The “accord” of an accord and satisfaction is an agreement in which the creditor promises to accept the substitute performance for the pre-existing claim or duty. The “satisfaction” is the actual acceptance by the creditor of that substitute performance. Used together, these terms represent the legal consequence of accepting performance of the accord as satisfaction, the legal consequence being the discharge of the prior claim or duty.

There are three requirements for a valid discharge of an existing claim or duty by accord and satisfaction:

(1) existence of a claim or duty,

(2) offer and acceptance of a substitute performance in full settlement, and

(3) proper consideration.

The first requirement-existence of a prior claim or duty-is clearly met in the hypothetical. An existing claim or duty is required, because, without it, there is nothing for which to offer a

substitute performance.

For the second requirement to be met, the offer and acceptance must be for a substitute performance. In the common law, a substitute performance must be distinguished from a substitute contract. Though the two are very similar, the distinction between them for the purposes of accord and satisfaction is the timeline by which each discharges the prior existing claim or duty. A substitute contract discharges the prior duty at the moment the parties reach an agreement. A substitute performance does not discharge the existing duty until the performance is executed.

The last requirement for a valid accord and satisfaction to exist is that “new, valuable, and legal consideration” be present. Consideration is a bargained for performance or return promise. Therefore, for a promise to give, do, or not do, there must be a quid pro quo, something given, done, or not done in return. In the context of accord and satisfaction, courts have held that “the consideration is the resolution of the disputed claim”.

A COMPARATIVE STUDY

Although the principle of accord and satisfaction has been said to be similar to other forms of dispute settlement and often confused for being synonymous with compromise and settlement and some forms of arbitration, it can clearly be distinguished from them.

Accord and satisfaction is the purchase of the release from an obligation, whether arising under contract or tort by means of any valuable consideration not being the actual performance of the obligation itself. The accord is the agreement by which the obligation is discharged. The satisfaction is the consideration which makes the agreement operative.

An accord and satisfaction can be distinguished from other forms of resolving legal disputes. A payment or performance means that the original obligations were met.

A release is a formal relinquishment of the right to enforce the original obligations and not necessarily a compromise, as in accord and satisfaction.

An arbitration is a settlement of the dispute by some outside person whose determination of an award is voluntarily accepted by the parties.

A composition with creditors is very much like an accord but has elements not required for an accord and satisfaction. It is used only for disputes between a debtor and a certain number of his or her creditors, while an accord and satisfaction can be used to settle any kind of controversy-whether arising from contract or tort-and ordinarily involves only two parties.

Although distinctions have occasionally been drawn between an accord and satisfaction and a compromise and settlement, the two terms are often used interchangeably.

A novation is a kind of accord in which the promise alone, rather than full performance, is satisfaction, and is accepted as a binding resolution of the dispute.

CONCLUSION

The principle of accord and satisfaction implies that after a breach of contract has been made, the parties may enter into a subsequent contract by which the party not at fault may accept some other consideration other than the legal remedy.

This principle has also been described as only a method of discharge of a contract, as not annihilating the contract itself, but only making the obligation arising out of it unenforceable. The principle of accord and satisfaction is seen as a defense to legal action.

As per Chitty on Contracts,

‘It is a good defense to an action for the breach of any contract that the cause of action has been discharged by accord and satisfaction, that is to say, by an agreement after breach whereby some consideration other than his legal remedy is to be accepted by the party not in fault’.

An accord and satisfaction which secures a release from such an obligation is really based on the existence of the contract instead of treating it as non-existent. When an action is brought for non-performance an accord and satisfaction furnishes good defense. The defense is not that the contract has come to an end, but that its breach has been satisfied by accord and satisfaction, and therefore the plaintiff in the action is not entitled to the usual remedy for the breach.

Through accord and satisfaction, a lessee can agree to acceptance of a lesser amount by way of full satisfaction of all claims. But when the debtor paid still lesser amount, his liability could not come to an end. In such a case, there would be no accord even though the creditor had accepted the said amount.

The Advantages of a Successful Container Tracking System

Container tracking systems are the new norm for companies that ship their goods overseas. In order to keep track of their valuable products, a number of innovations have been devised to allow the precise tracking of even small containers. This allows companies to ship and receive goods on a more precise timeline and to keep operating expenses lower, even while shipping more product.

Shipping containers represent ‘returnable assets’. These are objects that have a value to the company because they can be used multiple times. Any sort of container can be thought of as a shipping container, and any shipping container is a returnable asset.

From large containers on a container ship to a keg that holds beer or wine, if it is used to ship something and can be used repetitively, it is considered a returnable asset and so should be tracked.

The reason that tracking systems for containers is so important, besides the obvious concern for the product being shipped inside of them, is that a shipping container represents a valuable asset for a company.

Not only is it a hard asset, in that the loss of it would cost the company money to replace it, but it also has a soft cost, which is the time and energy (and thus profit) lost in tracking down containers that have gone missing, or arguing with suppliers and customers about count discrepancies.

For example, the inability to properly track a shipping container, such as 50 kegs for example, can present a logistical problem for a beer production facility when it comes time to ship their product to a bottling plant. A large shipping container used to ship sneakers from China represents a much bigger monetary investment and thus a bigger loss to the company if it goes missing.

A well designed tracking system can thus be invaluable to a company that has many shipping containers that are being shipped all over the world. It can track multiple shipping containers at one time, manage their storage and return to the home base of production, and coordinate the shipping process so that the minimal amount of time and energy are used.

Using a tracking application, a company can input info about the container and its contents, track its location to the exact coordinates around the globe, control its movements through ports, and even be send feedback when its operational life has been reached.

In short, a well-designed container tracking system is an important investment for the security, control, shipping, and eventual recovery of any returnable asset, big or small. If used correctly it can keep costs down and production up, and is an invaluable aid to any company that ships their goods to anywhere in the world.

Air Conditioning Repair

What should you be seeking when you request a person to make an air conditioning repair in St. Louis, MO to suit your needs?

  • Notoriety
  • Dependability
  • Experience
  • Equipment

An air conditioner is an expensive item and a very crucial thing during a hot St. Louis summer season, therefore, you want to be careful about whom you allow to fix it. Most people don’t have a clue with regards to the things it takes to make an air conditioning (A/C) repair in St. Louis, MO, so they wouldn’t have a clue if what the A/C service tech says is right or not. Reliability and reputation are the only tools you’re likely to have for knowing whether your A/C repair technician in St. Louis knows what he or she is talking about. Suggestions from acquaintances, coworkers, family members or people born and raised in St. Louis are also respectable indications regarding the dependability and integrity of your St. Louis A/C repair company.

Ask the air conditioning repair company for references and inquire as to how many years they’ve been in operation. Any reliable repair provider should without difficulty have the ability to provide you with a listing of satisfied St. Louis, MO customers. Doing an A/C repair involves special equipment, such as air conditioning pressure gauges and Freon or supplementary cooling gas supplies. Older air conditioner models utilize a special type of Freon and may be ruined if serviced incorrectly. Newer air conditioner systems use different types of gas in order to operate well and still meet EPA requirements. Be certain that your St. Louis air conditioning repair technician is using the correct tools and possesses the proper licenses to handle Freon and the other gases.

Experience may mean the difference between an air conditioning repair technician determining when the A/C system needs to be removed and a new one needs to be installed or if a good old fashioned cleaning may be sufficient. Components of the cooling system might be complicated to get at in a number of the older St. Louis houses, so your technician may not be very agreeable to making an air conditioning repair just by cleansing the unit. They might think it is a lot easier to put in a new A/C unit and also pocket the extra money from doing the installation, as opposed to taking the additional time necessary to extend the life of the older unit. Not all St. Louis models can be saved by performing a cooling system repair, and sooner or later all air conditioner units will require replacement. However, getting a skilled St. Louis air conditioning repair technician with a reputation for integrity and dependability to work on your air conditioning unit will offer you the greatest outcome.

And do not fail to remember to switch the air filter inside the A/C unit frequently. A lot of times a simple swap of the filter can mean a big difference in the way your air conditioner works. Most central air conditioning units contain an air filter positioned inside the air handler which is where the furnace is found. Inspect the air filter by taking it out and looking at the exterior to determine how much dust and debris has accumulated. If it looks grimy, filled with dust, or cluttered, it is definitely time to change. During extreme running times you should check or change your air filter month-to-month. That’s a suggestion you are able to execute yourself to prevent a call to your St. Louis, MO air conditioning repair technician.

The Ways An Air Conditioner Compressor Can Fail, and What To Do About It

Air conditioner compressors usually fail due to one of two conditions: time and hours of operation (wear out), or abuse. There are some failures that can occur elsewhere in the system that will cause a compressor failure, but these are less common unless the system has been substantially abused.

Usually abuse is a result of extended running with improper freon charge, or as a consequence of improper service along the way. This improper service can include overcharging, undercharging, installing the wrong starter capacitor as a replacement, removing (rather than repairing/replacing) the thermal limiter, insufficient oil, mixing incompatible oil types, or wrong oil, installing the compressor on a system that had a major burnout without taking proper steps to remove the acid from the system, installing the wrong compressor (too small) for the system, or installing a new compressor on a system that had some other failure that was never diagnosed.

The compressor can fail in only a handful of different ways. It can fail open, fail shorted, experience a bearing failure, or a piston failure (throw a rod), or experience a valve failure. That is pretty much the entire list.

When a compressor fails open, a wire inside the compressor breaks. This is unserviceable and the symptom is that the compressor does not run, though it may hum. If the compressor fails open, and following the steps here does not fix it, then the system may be a good candidate for a new compressor. This failure causes no further failures and won’t damage the rest of the system; if the rest of the system is not decrepit then it would be cost effective to just put a new compressor in.

Testing for a failed open compressor is easy. Pop the electrical cover for the compressor off, and remove the wires and the thermal limiter. Using an ohmmeter, measure the impedance from one terminal to another across all three terminals of the compressor. Also measure the impedance to the case of the compressor for all three terminals.

You should read low impedance values for all terminal to terminal connections (a few hundred ohms or less) and you should have a high impedance (several kilo-ohms or greater) for all terminals to the case (which is ground). If any of the terminal to terminal connections is a very high impedance, you have a failed open compressor. In very rare cases, a failed open compressor may show a low impedance to ground from one terminal (which will be one of the terminals associated with the failed open). In this case, the broken wire has moved and is contacting the case. This condition – which is quite rare but not impossible – could cause a breaker to trip and could result in a misdiagnosis of failed short. Be careful here; do an acid test of the contents of the lines before deciding how to proceed with repair.

When a compressor fails short, what happens is that insulation on the wires has worn off or burned off or broken inside the compressor. This allows a wire on a motor winding to touch something it should not touch – most commonly itself a turn or two further along on the motor winding. This results in a “shorted winding” which will stop the compressor immediately and cause it to heat up and burn internally.

Bad bearings can cause a failed short. Either the rotor wobbles enough to contact the stator, resulting in insulation damage that shorts the rotor either to ground or to the stator, or end bearing wear can allow the stator to shift down over time until it begins to rub against the stator ends or the housing.

Usually when one of these shorts occur, it is not immediately a hard short – meaning that initially the contact is intermittent and comes and goes. Every time the short occurs, the compressor torque drops sharply, the compressor may shudder a bit visibly as a result, and this shudder shakes the winding enough to separate the short. While the short is in place, the current through the shorted winding shoots up and a lot of heat is produced. Also, usually the short will blow some sparks – which produces acid inside the air conditioner system by decomposing the freon into a mixture of hydrochloric and hydrofluoric acid.

Over time (possibly a couple of weeks, usually less) the shuddering and the sparking and the heat and the acid cause insulation to fail rapidly on the winding. Ultimately, the winding loses enough insulation that the inside of the compressor is literally burning. This will only go on for a few minutes but in that time the compressor destroys itself and fills the system with acid. Then the compressor stops. It may at that time melt a wire loose and short to the housing (which can trip your house main breaker) or it may not. If the initial cause of the failure was bad bearings causing the rotor to rub, then usually when the thing finally dies it will be shorted to the housing.

If it shorts to the housing, it will blow fuses and/or breakers and your ohmmeter will show a very low impedance from one or more windings to ground. If it does not short to the housing, then it will just stop. You still establish the type of failure using an ohmmeter.

You cannot directly diagnose a failed short with an ohmmeter unless it shorts to the housing – a shorted winding won’t show up with an ohmmeter though it would with an inductance meter (but who has one of those?) Instead, you have to infer the failed short. You do this by establishing the the ohmmeter gives normal readings, the starter capacitor is good, power is arriving at the compressor, AND an acid test of the freon shows acid present.

With a failed short, just give up. Change everything, including the lines if possible. It is not worth fixing; it is full of acid and therefore is all junk. Further, a failed short could have been initially induced by some other failure in the system that caused a compressor overload; by replacing the whole system you also will get rid of that potential other problem.

Less commonly, a compressor will have a bearing failure, piston failure or a valve failure. These mechanical failures usually just signal wear out but could signal abuse (low lubricant levels, thermal limiter removed so compressor overheats, chronic low freon condition due to un-repaired leaks). More rarely, they can signal another failure in the system such as a reversing valve problem or an expansion valve problem that winds up letting liquid freon get into the suction side of the compressor.

If a bearing fails, usually you will know because the compressor will sound like a motor with a bad bearing, or it will lock up and refuse to run. In the worst case, the rotor will wobble, the windings will rub on the stator, and you will wind up with a failed short.

If the compressor locks up mechanically and fails to run, you will know because it will buzz very loudly for a few seconds and may shudder (just like any stalled motor) until the thermal limiter cuts it off. When you do your electrical checks, you will find no evidence of failed open or failed short. The acid test will show no acid. In this case, you might try a hard-start kit but if the compressor has failed mechanically the hard-start kit won’t get the compressor to start. In this case, replacing the compressor is a good plan so long as the rest of the system is not decrepit. After replacing the compressor, you must carefully analyze the performance of the entire system to determine whether the compressor problem was induced by something else.

Rarely, the compressor will experience a valve failure. In this case, it will either sit there and appear to run happily but will pump no fluid (valve won’t close), or it will lock up due to an inability to move the fluid out of the compression chamber (valve won’t open). If it is running happily, then once you have established that there is indeed plenty of freon in the system, but nothing is moving, then you have no choice but to change the compressor. Again, a system with a compressor that has had a valve failure is a good candidate for a new compressor.

Now, if the compressor is mechanically locked up it could be because of a couple of things. If the compressor is on a heat pump, make sure the reversing valve is not stuck half way. Also make sure the expansion valve is working; if it is blocked it can lock the compressor. Also make sure the filter is not clogged. I once saw a system that had a locked compressor due to liquid lock. Some idiot had “serviced” the system by adding freon, and adding freon, and adding freon until the thing was completely full of liquid. Trust me; that does not work.

Should diagnosis show a clogged filter, then this should be taken as positive evidence of some failure in the system OTHER than a compressor failure. Typically, it will be metal fragments out of the compressor that clogs the filter. This can only happen if something is causing the compressor to wear very rapidly, particularly in the pistons, the rings, the bores, and the bearings. Either the compressor has vastly insufficient lubrication OR (and more commonly) liquid freon is getting into the compressor on the suction line. This behavior must be stopped. Look at the expansion valve and at the reversing valve (for a heat pump).

Often an old system experiences enough mechanical wear internally that it is “worn in” and needs more torque to start against the system load than can be delivered. This system will sound just like one with a locked bearing; the compressor will buzz loudly for a few seconds then the thermal limiter will kill it. Occasionally, this system will start right up if you whack the compressor with a rubber mallet while it is buzzing. Such a system is a good candidate for a hard-start kit. This kit stores energy and, when the compressor is told to start, dumps extra current into the compressor for a second or so. This overloads the compressor, but gives some extra torque for a short time and is often enough to make that compressor run again. I have had hard-start kits give me an extra 8 or 9 years in some old units that otherwise I would have been replacing. Conversely, I have had them give only a few months. It is your call, but considering how cheap a hard-start kit is, it is worth trying when the symptoms are as described.

And this, in a nutshell, is what can happen to an air conditioner compressor and what you can do about it.

Teams – The 7 Pillars of Team Success

Teams have one overarching purpose and that is to get results. While there are many factors that contribute to the success and results that are achieved, there are some common factors or pillars to team success.

Pillar 1: Common goals

A batch of individuals only becomes a team when they are working to a common purpose or goals. In other words they are collectively responsible for working to delivering a common result or outcome. The extent to which common goals can be set depends on there being real dependency on each other to deliver results.

Pillar 2: Trust

Trust is one of the most challenging areas when it comes to teams. Most of us are conditioned to focus on things as individuals rather than trust and rely on others. Some of the ways in which you can create trust include setting clear expectations, demonstrating reliability and being supportive of each other.

Pillar 3: Communication

Successful teams will have effective communication in place. Specifically, the members of the team and the team leader need to be highly effective listeners. Most of us are skilled at speaking and writing but fewer are really skilled when it comes to listening. For most teams, if there was one area to focus on developing to be more effective would be listening skills.

Pillar 4: Positiveness

Some people are glass half empty and others are glass half full people. In other words, some people focus on what could go wrong while others focus on what could go right. Successful teams have a glass half full outlook and are highly positive.

Pillar 5: Proactiveness

Successful teams don’t wait for permission to do things or procrastinate. They get on and make things happen. It is easy to sit back and say I can’t do this because I don’t have this or that. It is tougher to say, I have this issue, how can I overcome it. Successful teams ask that question and find a way through the obstacles.

Pillar 6: Results focus

The purpose of a team is to deliver results. Results can often be confused with process. For example make 6 sales is a definite result while make 6 sales calls is process. Successful teams will know what they have to deliver and focus their time and energies on delivering the results.

Pillar 7: Shared accountability

One of the major distinctions in teams is that they have shared accountability or collective responsibility for the results that are or are not achieved. They are all in it together.

Teams can really make a difference to the results that are delivered. So what pillar do you need to work on to develop even more effective teams?

Writing Single Column Cash Book, Double Column Cash Book and Triple Column Cash Book

Single Column Cash Book

It has only one. column on each side for amount In fact, it is written just like cash account in the ledger (being real account what comes in is debited; what goes out is credited). This form of ‘cash book has the same ruling as that of a ledger account There is no need of having a cash account in the ledger. The purpose is ably served by cash book itself. Posting from debit (receipt) side of the cash book is done to the credit side of concerned accounts and from the credit side of cash book to the debit side of concerned accounts.

Balancing

The cash book is balanced in the same manner as a ledger account. As more cash cannot be paid then what we have, therefore the cash balance (if any) must always be a debit balance. Therefore, the receipts column will always be bigger than the payments column. The difference will be written on the credit side as “By balance c/d”. The totals are then entered in the two columns opposite one another and then on the debit side the balance is written as “To balance b/d”. It shows the cash balance in hand in the beginning of the next period. To verify the accuracy of the entries made, the cash book should be balanced frequently (preferably daily). The balance as per cash book must tally with the actual cash in hand.

Double Column Cash Book

As the phenomenon of offering and accepting cash discount is intimately associated with the act of receipt and payment of cash, therefore, the utility of cash book increases if the columns of discount are also provided in it. Cash book having additional columns for discount is known as double column cash book.

Triple Column Cash Book

These days it is difficult to carryon any business without having dealings with the bank. Normally bulk of its funds is kept by the business at a bank in a current account where frequent withdrawals and deposits are permitted. Bank transactions, i.e.. payments into and out of bank are more numerous than cash transactions. Therefore, it is appropriate as well as convenient that cash book should have one additional column on each side to record moneys deposited at bank arid payments out of the hank. The additional advantage to having this type of cash book is that bank account is not required to be maintained in the ledger.

Before we explain the method of writing up the triple column cash book you should be familiar with the concept of ‘contra entries’. Also note carefully the treatment of cheques received and issued by the business.

Contra Entries

In the three column cash book there will be some cross or contra entries i.e.. transfer of money from cash to bank (amount deposited) and vice versa (amount withdrawn from bank for office use). In all such cases both entries occur in the cash book and no ledger entry is required. This is indicated by a contra sign (C) in the folio column indicating thereby that the double entry aspect of this transaction is complete and it requires no posting to the ledger. Treatment of cheques in a triple-column cash book is explained below:

1. Cheques received and deposited in the bank on the same day: When the cheques received from the debtors are deposited in the bank on the day of receipt itself the entry is recorded in the bank column on the debit side of the cash book there from debtor’s account receives credit.

2. Cheques received but deposited in the bank on a later date: At the time when cheque is received it is recorded in the cash column on the debit side of the cash book and the date on which it is deposited in the bank, Two steps are required:-

(2.1) Enter the same in the cash column on the credit side of the cash book “By Bank A/c” and

(2.2) Enter it in the bank column on the debit side of the cash book’ ‘To Cash A/c”. Thus it assumes the form of Contra entry on the day of depositing the cheque into bank received earlier.

However, if there is no information as to the date of deposit of the cheque, it should beassumed that the cheque was deposited in the bank on the date of receipt.

3. Cheques received and endorsed in favor of some creditor :- On receipt, cheque is recorded in the cash column on the debit side and at the time of endorsement the same is recorded in cash column on credit side, By Creditors Ale.

4. Bearer cheques may be en cashed at the counter of the bank or it may be deposited in the bank. In case it is en-cashed it should be recorded in the cash column on the debit side, in case it is deposited in the bank the same should be recorded in the bank column on the debit side of the cash book.

Cash book is a Journalized ledger

Often a question is asked whether cash book is a journal or ledger? It is journal in the sense that all cash transactions are primarily recorded in the cash book with narration and therefore, these are posted to the relevant accounts in the ledger. Cash book is also ledger in the sense that it serves the purpose of cash account and bank account (in case of triple column cash book). No separate cash account is opened in the ledger where cash book is in existence. Thus cash book is a unique combination of journal and ledger. It is popularly known as journalized ledger.

Similarities of Cash book with journal

(1) Cash transactions are recorded in the cash book at the time of origin i.e. primary book.

(2) Transactions are recorded date-wise.

(3) Transactions from cash book posted to the relevant accounts (except cash account) in the ledger.

(4) Cash book contains ledger folio as in the journal.

(5) Narration is given for each entry.

Similarities of Cash book with ledger

(1) Form of cash book resembles With ledger. Two sides left hand side is the debit side (receipts) Right hand side is the credit side (payments).

(2) Words “To” and “By” are used as in the ledger.

(3) No separate cash account and bank account are required in the ledger. Thus cash book is the book of final entry for cash and bank transactions.

(4) Cash and bank columns of the cash book are periodically, balanced just like ledger accounts.

3 Reasons To Buy A Treadmill Mat For Under Your Treadmill

Why do you need a treadmill mat for your exercise equipment?

There are 3 reasons to buy a fitness equipment mat:

  1. Protect your equipment;
  2. Protect your floor; and
  3. Reduce the treadmill noise.

Mats are very inexpensive considering how much they protect both your fitness equipment and your floor.

1. Protect your exercise equipment?

Mats are made with PVC which is like a rubber mat. They are essentially a very sturdy exercise-type mat. This means they are spunge-like creating a softer surface than your concrete garage or basement, vinyl, laminate, or hardwood floors. Obviously using a treadmill requires you pounding away on the treadmill (or whatever fitness equipment item you have), which, if on a hard surface, the treadmill machine has no give (carpet is an exception, but what about protecting your carpet?).

The give a mat offers results in less jarring on the frame and components of your equipment which is beneficial in the long run.

2. Protect your floor

Unless you use your exercise equipment on concrete, long-term use could damage your floor. Treadmills (and all fitness equipment) are heavy. They can scratch, dent, and chip – depending on the surface. A mat is an inexpensive way to protect your floor and no inconvenience to placing it down.

Also, fitness equipment are machines with lubricants. In time, an exercise machine may leak lubricant onto your floor which may harm your floor.

3. Reduce noise

The spunge-like mat also helps muffle and cushions the noise an exercise machine makes. Any household appreciates reducing treadmill noise. Hard metal on a hard surface will likely be noisier than the hard metal of a treadmill on a sponge-like material.

Fortunately, quality treadmill mats are inexpensive and well worth the expense. It’s also very likely your online treadmill store sells treadmill mats. Don’t forget to check out the accessories of your fitness equipment store – it could save your floor and prolong your equipment.

Buying Carpets – Safe, Hygienic and Cosy Carpet Care For the Elderly

Carpeting the home is a great way to make it welcoming and cosy for elderly people.

Common sense affirms that it’s much less likely that they will slip on a carpet compared to a smooth floor, particularly if there is any wet spillage.

A soft textured surface will always feel safer to an elderly person allowing them to maintain confidence and ease of movement. A smooth floor can cause an elderly person to be cautious and feel uncomfortable.

But it is important to get the carpet pile height and structure right for them; in some ways a long pile carpet can be just as hazardous as a smooth floor. Carpet that is too soft can cause a loss of balance and contribute to a fall.

Installing a carpet with too thick an underlay can provide too soft a feel underfoot leading to unsteadiness and a possible loss of balance.

It is generally accepted and advised that a dense, tightly tufted carpet with a firm, low profile pile will help to prevent trips. It is less likely that shoe soles, canes or walking frames will get caught in a short carpet pile.

The preferred style is a low level loop in a 1/10″ or 1/8″ gauge tuft.

At the same time, selecting a carpet that has a water resistant, rot-proof, gel type backing will go a long way towards easing maintenance and safety issues.

This type of carpet is also well suited to wheelchair use making it easier to operate with less resistance to the wheels. A better resistance to crushing and flattening means it is less likely to suffer from loss of original appearance.

When installing carpet for the elderly, it is recommended to completely adhere the carpet to the sub-floor with the appropriate adhesive. This will prevent the carpet from stretching, which would otherwise cause unsafe bubbles, ridges or rucks.

The other important issue is one of hygiene.

Nowadays synthetic pile carpets are considered the best for ease of cleaning and long term hygiene control. Polypropylene fibre is the least absorbent of all man made fibres, being stain resistant, fade resistant, bleach based cleaner resistant and scrubbable.

Taking care to select the right type of carpet for the elderly and infirm will ensure that there is less chance of a trip or fall so they continue to live in a safe and hygienic environment.

The Best Rug Pad For Kilim Rugs

Every rug needs a rug pad and kilims are no exception to this rule. The nature of the weave is one in that it creates for a flat rug. As tight as the weave usually is, it is also very flexible if there is no solid pad to keep the rug in place.

Don’t waste time looking for the wrong type of pad for your kilim. Although a few types may work initially, they will not provide the stability that is required. My best choice for rug padding for kilim rugs is a 1/4 of an inch dense needle pinched jute and rubber combination. This specific type of pad does well because the surface, the recycled jute, is textured in order to grab the rug. The bottom consists of a solid, natural layer of rubber that is sewn on to the jute surface. This layer of rubber contains a tread pattern in order to grab to your floor, preventing any sliding. Be careful in selecting the rug pad that has a real rubber backing, not a sprayed on latex rubber that is quite common these days. This costs a little less yet tends to breakdown and harm the floor by the fact that the spray does not hold well enough to the jute surface.

This correct type of padding is important for kilim rugs for a few reasons. First, this pad grabs your rug. This means there will be minimal wrinkling and creeping of your rug. This also helps for vacuuming. The rug pad holds the kilim rug as best as possible allowing for easier vacuuming. Second, due to the nature of the solid rubber backing, there is no movement on hard floor surfaces. So, your kilim rug is held on to the jute surface of this rug pad and the rug pad itself is held on to the floor with the non slip rubber backing.

The best rug pad for kilim rugs is only 1/4 of an inch thick. Anything thicker would not work as well and would not look as well. The thicker ones are not usually as dense as this 1/4 of an inch thick ones and this will create room for movement with your flat rug. Aesthetically, kilim rugs have a flat look and this is their charm. Raising them too high off the floor defeats the beauty of the look and this is not so desirable.

Since kilim rugs are more tribal in nature, they are not perfectly straight and your rug pad should be trimmed about 1 or so inches in from the carpet dimensions on all sides.

Reliable Carpet Cleaning Services – What Does It Involve

Owing to the woolen material used to make it, carpets are great magnets for dust and dirt. If there are kids and pets around the house, the need to clean your carpet is higher and more frequent. The collection of pet fur and food and color stains give the impression of poor cleanliness and hygiene habits. Not only this, a dirty carpet can be a source of serious allergies.

Regular vacuuming does help to keep your carpet clean; however, you will also need a professional clean up once a while. Here’s what professional carpet cleaning services involve.

There are many types of carpet cleaning. All the methods start with a thorough vacuuming. It is to extract the dust from your carpet or rug so as to make the other methods more effective. This method is called the dry cleaning method. The dry cleaning method also makes use of special cleaning powders. They are designed to attract the dirt almost as soon as they are applied. After the powder is applied and allowed to do its work, the carpet is thoroughly vacuumed.

Shampooing is the second method. Like dry cleaning, it is a kind of pretreatment. The carpet is sprayed with a cleaning solution or a shampoo. It is worked into the carpet with a machine and then extracted by vacuuming. These solutions are formulated with cleaning agents that remove dirt and stains from carpet fibers. They also contain deodorizes and brighteners that improve the look and smell of your carpet. Although effective, shampooing does not do a full-proof job as some dirt and microbes still remain behind.

The steam cleaning process is a hot water extraction process. It is considered the most effective of all carpet cleaning methods. The process employs heavy duty equipment to inject a solution of hot water and detergent into the rug or carpet. The dirt mixes up with the chemicals and is then extracted using high pressure machines. In case of steam cleaning for carpets it is important to make sure that all the moisture is removed. If moisture is left behind, it will lead to mold growth. Mold will not only destroy your carpet, but also emanates a foul odor and could give rise to allergies. Depending on how dirty your carpet is, the professional might also use the foam cleaning method; it’s a blend of dry cleaning and shampooing.

Besides these carpet cleaning solutions, there are other add-one services you can opt for by paying an extra charge. The first is applying deodorizers for that fresh clean smell. You can also use a carpet sealant. This solution seals the top layer of the carpet and prevents straining. It also preserves the colors of the fabric and keeps it from fading.

Thus, there are different methods of cleaning a carpet and a professional carpet cleaning service will offer most of them. You should choose a method that is designed for your carpet material. If you are not familiar what to use, speak to professional carpet cleaners. The cost of cleaning depends on the type of carpet cleaning service you opt for.

How to Make Homemade Carp Baits Using Superior High Protein Ingredients!

Protein has always seemed to be part of the key in carp bait success, but there is much confusion about which ingredients to use! The how and why of using whole and treated proteins to create world-class pre-digested, probiotic and prebiotic active homemade baits is absolutely vital to understand as much as possible to truly maximise your results! Read on and transform your catches right now!

Anglers have used protein as the basis of their baits ever since Isaac Walton using rabbit meat. The high protein milk protein bait cult of the seventies and early eighties only led more and more people to seriously think that whole proteins such as caseins were vital to big carp success. But there is far more to protein baits than using whole proteins!

In the earlier years of carp fishing for instance in the seventies when I began carp fishing, we used very simple seeming yet complex baits for carp called ‘specials’ which were paste baits made predominantly and ironically enough, from many of the most often used bait ingredients today. The biggest difference in bait recipes back then was that most anglers used water in their baits. But then more and more people used eggs to bind their special pastes together as this relatively insoluble material made paste baits more durable and longer-lasting against pest fish.

Then the idea of heating paste baits really took off and instead of using paste baits which were normally anything from golf ball sized to even as big as an orange, the size of baits were dramatically reduced to usually under 25 millimeters in diameter. At the stage of using eggs and boiling baits, carp baits became known as ‘boilies’. At this stage and around this time many developments were manifesting which all led to huge breakthroughs in catching far more carp compared to simply doing things by more haphazard means. Carp fishing became far more methodical as more and more anglers did more and more methodical testing and research.

The milk protein approach of Fred Wilton spread far and wide and anglers found that using milk proteins such as soluble caseins to bind their baits meant that their baits were super-resilient against pest species and instead of using pastes and re-casting every 30 minutes, anglers were able to cast out and fish overnight knowing their baits would be usually intact if not taken by morning.

But the boiling of baits and the coagulating of globulin proteins in special pastes meant that the most vital parts of baits got locked up as they were made drastically less soluble, this defeating the primary action of baits I.e. to become solution and produce a very significant concentration gradient of feeding triggers, attractants etc in the water column!

The key to bait success is in the actual size of the molecules or bits of information that carp detect and respond to chemically and bio-chemically in different ways and in the ways that water reacts with such fine aspects of your bait in action. Baits work in solution. This is of paramount importance to understand. And this is the only way that carp can detect your baits other than at close proximity by vision or by audible means, or by subtle electrical means.

But chemically, carp detect the commonest substances found to be stimulatory to feeding responses by the interaction of the very fine parts of molecules interacting with proteins and ion channel surface ligands for instance in the olfactory system, where for instance a blend of amino acids in solution will activate the receptor in such a way to send signals to the brain of the carp in the appropriate area that triggers motion and feeding responses causing fish to seek the source of the dissolved substances they are experiencing.

They do this to determine if a stimulus is an opportunity or threat; carp baits can be both! Your purpose in creating baits is not to create a food source but to supply an incredibly potent true feeding stimulus which may indeed have beneficial factors for the fish, but primarily will ultimately get your hook into the mouths of fish (without satiating them!)

To supply a source of stimulation in enhanced ways truly maximised and optimised internally and externally is a fine art and takes testing and experience of levels combinations and so on, of ingredients, additives, enhancers, processes and so on. There are easy short-cuts however. Modern anglers seem to want ever faster short-cuts in the form of products off the shelf. But using these simply leaves the angler in the power of bait companies and their pricing policies and at the whim of ever changing fashions!

Originally high protein carp baits based around soluble milk proteins and hardened by soluble whey and caseins etc and bound with eggs were really thought of as the pinnacle of carp bait design. Anglers not using such high protein baits were actually not respected and regarded as ignorant! But it eventually transpired that the nutritional theories which led to the high protein bait revolution had many holes. For instance carp have only a limited capacity to digest and assimilate milk proteins beyond a certain point. Satiation is a major problem in using high protein boilies. How many eggs can you eat at any one time?

In fact in the early years of the original milk protein baits they were often simply pastes mixed with water which perhaps lasted half an hour on the hook. And in those days soft pastes where of course favourable because you could strike your hook point clear of a soft bait far more easily than if baits were hard! The use of all sorts of ingredients which bound baits up but made them hard really were in some ways more of an issue when boilies came along when the trend was to make very hard resilient baits.

One idea using baits high in caseins for instance was that carp would have to such much harder to take hook baits into the mouth and there would be a higher possibility of hooking fish this way using rock hard baits. This was of course in a context of the time, when far more baits were much softer and in paste form still.

These days the situation is reversed. The wary fish are far more easily caught on soft baits than smooth-surfaced machine-rolled hard boiled or steamed baits! Carp can easily sort the density and movement characteristics and other features and so on of hard baits even without touching them with their lips. They can waft then, fan them, even roll their flanks on them or lift them or fan them using fins. Carp can easily determine if a bait is suspiciously buoyant or too heavy due to weight of a hook, or if it is tethered in some way!

Most baits that get taken in the mouth which result in a hook up have been in and out of many mouths without those fish running, because so many fish simply spit hooks out without moving an inch from the position of sucking a bait in! Part of the way to defeat such fish is to leave boiled baits in lake water for 24 hours so that micro-organisms get to work breaking down the proteins in the bait, just as they would with free baits being put out and left for 24 hours on the lake bed.

Generally speaking most anglers are just too impatient to leave their hook baits out for 2 days. Therefore fish have been trained by anglers into the association that washed out baits are usually safe to consume!

But the interesting point here is that carp have also been conditioned to consume washed out baits because in fact these baits are more energy-efficient to consume compared to fresh baits! Baits are not strictly about food but are absolutely about stimulating true feeding responses!

You can have a really nutritionally-stimulating so-called food bait which carp are simply not willing to feed on because either they associate aspects of it with danger. Or carp may have simply been fed too much of it so they do not require the nutrition that standard methods of formulation and processing of readymade or homemade food baits supply!

There are very many situations on lakes where so many similar food baits have been used that the fish are predominantly too wary to feed on fresh food baits and really only feed on them with confidence once such baits have been on the lake bed for a considerable time. I mean enough time for microorganisms such as anaerobic bacteria to break down the more energy-draining aspects, the proteins down into free form amino acids, organic acids etc.

This energy short-cut of digestion is a crucial cornerstone of carp bait success. It is the difference between feeding fish and satiating them and creating a situation where your free baits are harnessed in real time induce the maximum number of takes possible. It is the difference between making very high protein milk protein boilies and fishing them fresh against such baits which have been partially pre-digested and cured. The difference in bait performance and catch results is enormous!

A number of anglers use monosodium glutamate as a taste enhancer in their baits. Basically this is an artificial salt form glutamate discovered by Karl Henrich Ritthausen by treating wheat gluten with sulphuric acid. Wheat gluten is a basic binder used in special paste baits before and around the time that eggs were first used by growing numbers of carp anglers to bind their baits.

Wheat gluten is an excellent binder but is not particularly digestible to carp and it locks up bait ingredients in a relatively insoluble matrix unfavourably (as do liquid and powdered egg also.) There are a number of superior materials to exploit instead of these!

Personally I avoid using eggs in any form as these lock up baits far too much. As wheat gluten is far less used these days it actually forms a valuable part of your bait making arsenal in binding baits without eggs. I personally prefer other materials but the reason I use wheat gluten here as an example is for the fact that the salt form of an amino acid, glutamic acid, has been acid-hydrolysed or split, from the whole protein, into the free form amino acid. This form of split protein, the amino acids and broken peptide linkages are the forms which carp readily detect even in relatively low concentrations! (Glutamic acid is a perfect example of a true feeding trigger!)

All proteins that you will use in your carp baits contain glutamic acid. And you can split or pre-digest or enzyme-treat or use hydrolysed forms of proteins to compose your baits and stimulate feeding by their high concentrations, and avoid the use of MSG which actually causes micro-bleeding at brain receptor sites (as does aspartame and aspartame-based artificial sweeteners such as Splenda!)

In order to make your food baits superior you need to split your protein ingredients as much as possible into their free form amino acids so you create a very significant excess of them in your baits. This aspect of your protein in your baits is what leaches out and stimulates true feeding!

Two of the most significant and superior carp bait ingredients are calcium caseinate (soluble casein) and enzyme-treated fish protein. There are many other hydrolysed, enzyme-treated materials that can be exploited, including keramine, hydrolysed keratine, enzyme-treated liver powder, and concentrated yeasts.

Some of the most used materials which are split using acids in the food industry to drastically improve flavour, taste, palatability and consumption are maize, rice, wheat, rapeseed, and various pulses (including soya.) Use this fact to stimulate your mind to consider possibilities of how to split aspects of your baits to seriously improve the feeding stimulation of your baits (beyond mere ‘food bait’ digestibility factors!)

Feeding stimulation always must come first! Your baits must generate as many bites as possible as fast as possible in real time; that is vitally important to understand and to optimise and maximise in as many unique ways as you can! Revealed in my unique readymade bait and homemade bait carp and catfish bait secrets ebooks is far more powerful information look up my unique website (Baitbigfish) and see my biography below for details of my ebooks deals right now!

By Tim Richardson.

All I Want For Christmas Is an Adhesive Screen Cleaner

Everyone, or most people, either own, or know someone who owns a computer, laptop, or smart phone; after all, it is the age of mobile. Many families have a computer that’s shared by parents and kids alike, and its use is for enjoyment – whether that’s looking at pictures, playing games, or keeping in touch with loved ones far away. Needless to say, the computer gets passed around and sees a lot of dirty hands, smudges, and smears. Cell phones are much the same. They might not be used by various family members, but when you take a close look, they’re infested with fingerprints and oil marks.

You’re probably thinking: how in the world are you supposed to keep these things clean? Better yet, how do you remove all the gunk that accumulates with every use? Luckily, products like adhesive screen cleaners can do just the trick! These screen cleaners are durable, washable, and reusable and make it easy to clean your laptop or cell phone screen.

How do they work?

Various companies developed the microfiber adhesive screen cleaner to pick up dust, dirt, fingerprints, and bacteria that are left behind after using a computer or cell phone. The microfiber technology is able to pull debris away from surfaces and the polyamide material allows for the absorption of fingerprint and facial oils. Polyamide is also what makes the fabric so absorbent.

It’s the Season of Giving

It’s the perfect time of year to give an adhesive screen cleaner as a gift. Better yet, use them as stocking stuffers for family or friends. They’re small and can be the perfect adornment to any stocking. Most screen cleaner companies offer predesigned cleaners that come in all sorts of fun or lame designs like pink zebra print, silver diamond tread print, purple paisley print, and cross bones. It’s definitely personal preference at that point. A vast majority of people love getting a new sticky screen cleaner that not only removes all the dirt and grime off of laptop and cell phone screens, but also sticks to the back of any device for future use. The adhesiveness doesn’t leave a residue and lasts quite a long time.

The holidays are upon us and if you’re unsure of what to give your loved ones this year, remember that you can’t go wrong with an adhesive screen. They’re useful for people of all ages and come in fun patterns. Most importantly, they’re strong with great cleaning power! Say goodbye to smudges and smears and unsightly fingerprints. Your screens will forever be clean!

One perceived downside to the cleaners are that on some random cases, something wood based or bedazzled, they don’t always stick. Of course they can’t cater to everybody’s phone case, but they do stick to 95% of the phones they come in contact with.

How to Make Your Man Stick to You Like Glue

When a man has his eyes outside a relationship he is into, it means his woman has failed to give him something he desires and hence he has decided to search for it elsewhere. The fact that men are polygamous is undeniable; the majority of men cannot stick to a woman for natural reasons, it only takes an exposed and understanding woman to be able to make her man stick to her like plasma in blood. Only if a woman can understand the totality of man can she be able to achieve this.

Have you ever seen man brag about a woman tirelessly? Yes! I have seen situations where a man while having a can of beer with his friends talks about his woman; not withstanding the fact that there is a normal saying that goes “women are unstable and can never be trusted, they are all the same”, most women have a way of winning their man’s heart. The simple secret is this, give to him what every other woman cannot give to him; even if he is a womanizer, he would still long to come back to you because he cannot get what you give to him outside.

If you want your man to stay glued to you at all times, then you can apply the following principles:

1. Treat your man like his mother would do: Every man needs a woman that would treat him just like his mother does; every man needs a woman to pamper him and address his needs. First and foremost you must know his best meal and know how to prepare it in a special way. When a man realizes that his woman treats him to special delicacies, he cannot help but think of running back home immediately after work. While he is on his PC at work, he keeps creating mental pictures of what awaits him at home. It is not just a matter of preparing the food; it is also a matter of making him feel warm and comfortable when he gets back home. Give him a peck on the cheek or a kiss as he comes back home from work, ask him how his day at work went; make sure you listen to him attentively as he speaks, if he encountered any problem at work, try to proffer solutions. Help him take off his clothes and shoes, prepare the bath for him to wash his body and get comfortable; as he does that make sure the table is set for dinner. Spoon feed him if possible, make sure your man is comfortable with this; if he is not then do not bother about it. Countless number of times I hear a man brag about a woman, this is the first thing he talks about; he tells his friend my woman “Is like my mother”, she treats me right and I cannot look outside.

2. Dress to kill: I tell you, a woman without a good dress sense is bound to drive her man out of a relationship. Men like to brag about their woman and as such would always be of the view that their woman should look gorgeous at all times. It does not matter whether you are beautiful or not, your dressing and appearance always have a way of making you outstanding. Please always dress well to suit occasions; even when you are at home, put on clothes that reveal the most part of you; after all it’s your home. Make him desire you all the time, make him dream of you at all times by dressing well and looking good. When a woman dresses well you would always hear her man brag about her continuously, I remember vividly a guy comparing his wife with Beyonce because she meets up with standard of Beyonce in appearance.

3. Don’t snoop into his affairs: Women who are always reading the text messages on their man’s phone and asking questions like “Who is this and who is that” would end up pushing their man outside. While it is a man’s world to cheat, it is a woman’s bit to understand and play cool; after all while should he cheat when you give him all he wants. When he receives a suspecting phone call and starts acting funny, just smile and nod your head; you don’t need to ask him, he would tell you immediately.

4. Make him your best friend: Always make sure you are there for your man when he needs you to talk to, make sure you give him a listening ear, and make sure you are interested in his affairs and business. Joke with your man when need be, talk to him and advice him when he needs it, play games with him, try to make him happy at all times, put him in a situation that he tells you everything that happens to him on a daily basis; you can only achieve this by also being open to him. You can start up with ” Can you imagine what happened to me today, there was this silly guy that tried to woo me even after he saw the ring on my finger; I gave him the worst embarrassment of his life”, things like that makes a man comfortable and trust you more like a friend.

5. Maintain a good sexual life: This is what you don’t want to mess around with if you must keep your man. Understand his sexual life and appetite and try as much as you can to fulfill it. Try to understand when and how he likes to have sex, try to understand his mood, try to give him a wonderful sexual experience; one that he desires at all times. While some men like women that are sexually exposed and are filled with varieties of sex styles, others do not. This could be because of the single reason that if a man finds out his woman has an insatiable appetite for sex and comes up with different styles he becomes insecure, he might begin to lack trust. Things like this should be discussed, make sure he enjoys having sex with you, make it a memorable one for him so he keeps coming to you at all times.

6. Buy him gifts: It is not always a man’s bit to surprise his partner with gifts; it is also the responsibility of a woman to shower her man with gifts. Change his under wear; buy him some new clothes, cologne and stuffs. Surprise him with things he loves most, this adds spice to the relationship.

7. Always pray with your man: They say prayer is the master key; if you wake up every morning to say a little prayer together with your man, I see no reason why he should not stay glued to you. Men do have conscience; believe me when I say that; even the hardest men still have their soft spot. If he remembers that he said a little prayer with his woman before leaving for work, it makes him feel guilty if he tries to cheat. Like they say, a family that prays together stays together.

I hope I have been able to help you, I wish you a successful relationship. Please make sure you adhere to the afore listed points.

Ball Valve History & Mystery

Here is a light hearted history and trivia on the ball valve. Read it and you will never take your natural gas or electricity for granted again, OK so maybe you will…

Ball Valve mystery?

The humble ball valve has a checkered history and somewhat murky origins. It may not be cloak and dagger stuff, but it’s not without mystery… Take a look around to see where the ball valve is indispensable. For example, the ball valve is crucial to the petroleum industry, water, electric power, chemical, paper, pharmaceuticals, food, steel and other fields. If it seems we could not get a long without the ball valve, it’s probably true! Given the importance of the ball valve today, it’s a mystery why it took so long to invent.

Ball Valve history does not go back to ancient Greece or the American revolution or does it? The modern ball vale was invented in 1967 or about 1957 according to different sources. Who cares when the ball valve was invented? Besides the patented owner, probably not many people. Still the ball valve was major advancement over plug valves used in the 20th century. The earliest ball valves were commercially available around 1967. For ancient parallels, the ruins of Pompeii turned up a bronze tapered plug quarter turn valve that resembles to the ball valve today. How’s that for a ball valve mystery?

Ball Valve Birth Pains

Ball Valve researchers point to a spherical ball-type valve patented in 1871 led to the invention of today’s ball valve. This ball valve was an all brass valve- brass ball and brass seats. Apparently this ball valve didn’t storm the market and was not mentioned in valve catalogs of the late 1800’s While today’s ball valve is quite a recent invention, the idea for this ball valve has been around about 125 years. The first resilient seated ball valve patent was issued in April,1945. Legend has it the company’s marketing department could not envision a use for the valve and it was not manufactured. Oh well, that’s the way the ball valve bounces…Given the huge reliance on the ball valve today, it’s a mystery why it took so long for people to invent and use the ball valve.