Swot Analysis of Indian Economy - 762 Words

SWOT Analysis of various sectors of Indian Economy. The India economy, which is the 9th largest in the world in terms of nominal GDP, can be broadly classified into three sectors: 1) Primary Sector or Agriculture Sector, which contributes about 15% to the GDP and employs around 57% of the total workforce. 2) Secondary Sector or Industry sector, which contributes about 28% to the DP and employs around 14% of the workforce. 3) Tertiary Sector or Service Sector, which contributes the maximum of 57% to the GDP and employs around 29% of the workforce. SWOT analysis of Agriculture Sector: Strengths : - * The favourable Climate and terrain of the Indian sub-continent makes it suitable for producing a variety of crops. *†¦show more content†¦Threats:- * More and more of the agricultural land is being taken up to meet with the demands of the housing and industrial sector, thereby reducing land under cultivation. * With the increase in the purchasing power of the Indians, the packaged food industry is gaining importance in the Indian market, especially in the cities and among the youth. * Some of the government policies like MGNREGA, is diverting the farm labour to other employment avenues, which could affect the agriculture adversely as it depends heavily on manual labour. * Stiff competition from the international markets, if India opens up the trade barriers in the agriculture sector. SWOT analysis of Industrial Sector: Strengths:- * With over half a billion population in the age group of 25-60 years, the industrial sector enjoys a competitive labour market. * Availability of natural resources, skilled and cheap manpower, liberal national policies provide the environment for industries to thrive. Weaknesses:- * Due to India being a democratic country and a mixed economy, the industry has to adhere too many of the protectionist policies of the government, which affects the industry adversely. * The complex labour laws and other political barriers, prevents the industries to work at the best of their efficiency, thus effecting productivity. Opportunities:- * With the rise in the incomes of the Indians, especially the Indian middleShow MoreRelatedTerm Paper649 Words   |  3 Pages | |Post Recession Recovery: Indian Context|-----do------- | |5 | |ITC e-chaupal: Strategic Advantage of |-----do------- | | | |CSR | | |7 | |Foreign Investment in Indian economy - |-----do------- | | | Read MorePresenters Notes For Slide 42052 Words   |  9 Pagesrebalancing is leading this time to entire countries coming close to collapse. Ie the PIIGS (Portugal, Ireland, Italy, Greece, Spain) *The Chinese are unable to grapple with the new challenges that come with becoming the world’s second largest economy and key driver of demand. India must use the opportunity provided by China’s and the World’s economic problems to get its own growth engines revving. It must do five things: 1. 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Site Layout Planning Ealing W5 5rf Free Essays

string(40) " to use the Regulations in our project\." Real Site Layout Map Site Layout Briefing It is important to maintain a high standard of duty, facility, resource management, in accordance to the Health and Safety CDM Regulations, in order to convey a better atmosphere for all members of staff and workers. The following will analyse all aspects of our Construction Management Project Plans, to ensure how we will create a satisfying duty of care to all members of the construction team working for the UWL Student Accommodation Project 2012/2013. Site Location University Of West London, Park Road Via St Marys Road, Ealing, W5 5RF. We will write a custom essay sample on Site Layout Planning Ealing W5 5rf or any similar topic only for you Order Now The new building will be constructed on an unused field area, and car park, belonging to the university. The construction site is bounded by protected trees, at the south side of the building, parallel to a public building (YMCA), and the boundary on the west and north side of the building, which leads to the main and side road. The projected building will be built within the white box on the Real Site Layout diagram, and Blue of the Map Site Layout diagram. Site Setup and Logistics In order to meet the CDM and Health and Safety obligations, it will be necessary to afford a fully functional and compliant temporary site accommodation arrangement as part of the site setup. Prior to commencement on site, the site setup will include perimeter site hoarding equipped with appropriate safety and way-finding signage, lighting installations, and set of gates for vehicle entrance. The perimeter safety segregation system (I. e. Heras Fencing) is to be erected and equipped with appropriate safety and way-finding signage. Clearly defined access routes will be defined both within the site and the surrounding roads and sites in accordance to the management plans and with particular attention to the segregation of pedestrians, plant and vehicle. The delivery, storage and distribution of materials will form part of this plan. Site Accommodation Welfare Facilities After having judged the situation at the site, with the documents of the feasibility report, there isn’t sufficient space to have (as promised), an accommodations site on the premises of the project. The temporary site accommodation will be located in the student car park of the University. The site accommodation will include suitable and sufficient sanitary conveniences. Supply of Water will be available through the water pumps of UWL into the rooms, toilets, sinks†¦ The room will be kept clean and tidy by the occupiers, and will be checked by a warden, so this rule isn’t breached, and is kept in an orderly condition. Adequate supply of drinking water will be put in few places as part of welfare facilities through drinking water fountains, and kitchen facilities. For Health and Safety reasons, water fountains and supply of drinking water will be marked with an appropriate signage, and sufficient number of cups will be provided. Washing Facilities will include: * A supply of clean hot and cold, or warm, water (which shall be running water so far as is reasonably practicable); * Suitable means of cleaning, such as soap, shampoo, and; * Suitable means of drying: towels, hand dryers, blow dryers. Washing Rooms will be ventilated, and given required lighting. They also will have to be kept cleaned and maintained. In order to minimise costs in welfare facilities, instead of having separate washing facilities for men and women, the multiple bathrooms will be individually shared, with an internal lock to prevent others coming in. This is more efficient as the number of males will dominate those of females. The accommodation will acquire changing rooms lockers and sufficient spacing in these facilities, especially when the workers have to wear special clothing for his/her work and duty. Work may be on-going during rain; hence, facilities for drying areas for clothes, and seating will be set up in the accommodation. Lockers will also be provided near the changing areas in order to keep work uniform, clothes that haven’t been torn during the work and personal belongings safe. Damages to these will be at the occupier’s liability, not the site officer/warden/security/manager. Rooms and Resting areas will be prepared to be satisfying to all users. The rooms will be a hostel style living accommodation for all males, and separate ndividual rooms for females. Within 4 cabins as posted on the site layout, hostel dorm for males will consist of 14 beds, 7 in each cabin, and on cabin with 5 small rooms for ladies. Premises for accommodation will be handed to those living most further away, and to those who operate and work on a 24 hour shift. Others will have to live at their own homes, and travel to the site, or find accommodation in hotels nearby, with the assis t of the construction team. Traffic Control Staff will control traffic into and out of site No Temporary light signals will be used, as it will delay public traffic times, won’t be efficiently used, and will cost more money to hire. Vehicle Movement into and out of site will occur around the Pink outline. Trucks and heavy machinery have been seen going into this outline and moving out safely and securely. Parking on Park road will be stopped until Kerrison Road, to ease movement of heavy machinery into site through Park Road, and make sure that cars do not get effected by any flying debris, which could lead into court appearances. Health and Safety Report The construction industry has the highest rate of accidents in the workforce. The diagram on the left proves data collected in 2008, which shows the multiple numbers of fatalities in the construction sector in comparison to other Work Sectors. In the production of the UWL Student Accommodation St Mary’s Road Ealing, our aim is to reduce accidents and fatalities as much as possible. Accidents are naturally occurring and unpredictable but controllable. This Health and Safety report will analyse the CDM Regulations 2007, and will in-corporate on how efficiently to use the Regulations in our project. You read "Site Layout Planning Ealing W5 5rf" in category "Essay examples" This Health and Safety Report is a part of Risk analysis, hence following according to the HS structure will reduce the for-see-able risks. Safe places of work Access movement in and out of the construction site must be safe and practical. Walking distances must be short at all working times to cut down non-productive times amongst each of the workers on the field. The rea marked in yellow is the region where staff and workers will be making most movement. During the construction periods, it is important to keep the walking distances at a minimum, not only to cut down on non-productive time, but it will reduce damages to humans by falls, trips, falling and fallen debris. As the construction process is underway, the space will become more confined and little, due to the presence of the new building, hence, it is important to take vital care when crossing the site in such a tight area, to be further aware of accidents and to respect the Health and Safety Regulations. The area does consist of enough working space for all members of the team to work in a safe manner. Good Order and Site Security Every part of the construction must be kept in good order in the means of tidiness and cleanliness. The construction site will consist of a perimeter identified by suitable signs and be so arranged that its extent is readily identifiable, and be fenced off. See also fencing in the Site Layout Report for more information about fencing around the perimeter of the site. Sharp materials, such as projected nails, must be placed in good storage areas to reduce piercing people. Other construction projects, according to the CDM Regulations, do not allow timber with projected nails on site due to the Hazard danger of such equipments, therefore our alternative advice is to keep sharp objects, and all other materials that is a potential risk if not taken care of, to be stored appropriately, and used when needed. Site Security areas have been denoted on the Site Layout Plans. These sites will operate on a 24h basis. Construction materials and recourses are a high value for money, and hence, vandalism in construction is high at a time of economical downturn. Therefore, guards will be on patrol for 24 hour on the two areas located on the Site Plan. The site security will have to control the site premises, take care of all the site equipments, watch out for theft, and vandalism on non-operational times. During Operation periods, security will have to take control of vehicle movements in and out of the building, help with vehicles turning around, and check all the staff and worker’s badges before being let onto the site. Security check and report accidents and fatalities in the Risk Assessment and Health and Safety documents. Stability of Structure It is important to make sure that any part of the structure that may become un-stable with different load bearings or high wind loads, become notified to all members of the team on site, who may be affected if un-cautioned. Foundations, buttress, and temporary supports, such as scaffolding, must be designed used, to make sure they can adapt to the calculated load bearings and impact loads, so the building can remain stable, and none of the supports fail to collapse the building or the supports itself fall from a high distance. The load bearings, wind loads, impact loads, and snow loads have been calculated by the civil engineers, will provide exact figures, as to which the contractors will abide to, and design the supports in the safest manner. Excavation During the Excavation process, it is vital that nothing collapses into the region of excavation. There must be sufficient spacing between people, pile foundations and plants on the site. Neighbouring roof-tops must be checked to make sure that during the excavation process, nothing falls from these buildings into the excavation which may cause potential hazards for this stage of construction. The most potential building that may cause an issue for such reasons is the YMCA building next to the site, and its roof top must be verified. Excavation process must be inspected at the start of the shift, followed by regular interval checking, and finally at the end of the shift. Any material trapped in the excavation will cause a high health and safety issue for the employees, and also will affect the stability of the building a few years from completion. Reports of Inspection Dates when the QS and the Health and Safety Assessor will come and inspect the work have been noted on the Microsoft Project Scheduling, underneath the notes column. The QS will assess the progress of the work and supply information to the clients to supply the company with the income. Therefore in the inspection of the QS, if the project is working under the deadline, the income and profit will be below that of the project plan. The Inspection Report will be mentioned to the person in charge of the operations of the factors that needs to be amended to satisfy that report before further work can be carried out in a safe manner. Energy Distribution Installations Energy will come from the UWL campus Ealing. If more is required, then an electricity generator will be brought onto the site (shown on the left). The generator will need to be checked and revised before usage for safety requirements. Electric cables will run safely on the site, away from danger of being but off by plants, or by congestion. Gas will be distributed to Welfasre facilities from UWL. The student Car park has been cut off from Student and UWL staff, so that they are not at risk from un-known un-told danger, which the staff of the construction unit would be aware of whilst using the facilities. How to cite Site Layout Planning Ealing W5 5rf, Essay examples

Implementation of Predictive Control Strategy

Question: Discuss about the Implementation of Predictive Control Strategy. Answer: Introduction At present, most of the business organizations are dealing with lots of data. In this context, the traditional database systems are not enough. Information systems are the most viable solution for handling the huge amount of complex data through the computer system. Actually the information system is a software program that helps to managing the operations of the organizations in customized way. The report is prepared for a company to critically discuss the application of IS/IT strategy in the organization and how it helps the organization to gain competitive advantage over the other companies in the current market. It is a difficult for the organization to choose an appropriate IT/IS strategy to align the goals of the business with the strategy. The organization need to follow some internal and external factors for the success of the organization and maintain a sustainable growth for the organization. They also need to develop a unique strategy to distinguish themselves from its competitors in order to stay ahead in the market place. Successful example of using IT/IS strategy for gaining competitive advantage The successful example for the successful implementation of IT/IS strategy in the current business process is Amazon. The company have aligned its business goals with its IS/IT strategy and thus gained a competitive advantage over other companies. Amazon started its business as a online book retailer in the year 1995 (Newcombe et al. 2015). The company received a huge response within a month selling books over 40 different countries and continued to grow its business throughout the world. The main person behind the success of Amazon was Jeff Bezos (CEO) of Amazon and he was responsible to operate with different companies. The company believed that innovation is the key to success and started implementing innovative ideas in their business to gain competitive advantage over its competitors like eBay (Peters et al. 2014). The company introduced new innovative services like Amazon locker, some new apps like Amazon flow, etc. Amazon success factor can be divided into seven components and they are as follows: Management Innovation Customer Service Execution Diversification Management- The aligning of business IT with the current business strategy helps the organization to get a better market position and it involves building business related activities that are important for the business. The employees or the IT professional are sent to different seminars and business events for gathering knowledge and the new recruitment is done on the basis of educational background and skill for the junior level IS/IT position (Rothaermel 2015). Furthermore training programs are arranged for the old employees working in the organization to improve their skills and learn about the new technology used in the business. Innovation- Amazon stands to be the most innovative company it is the innovator of the Amazon kindle app using which the user can access eBooks and read it from different geographical location. Amazon also introduce Amazon Prime service for faster delivery of products and use of drone for delivery falls under the innovation strategy of Amazon (Newcombe et al. 2015). Customer Service- Amazon have a satisfactory customer service for its customer and uses different medium to reach the customer. The customer can launch a complaint regarding the product and amazon reach the customer doorstep to solve the problem and thus it build a good relationship between the company and the customer. Execution- The working of Amazon is unique from the other online shopping websites. It has merged with different small retailers to sell a variety of products at a minimal price. Diversification- Amazon diversified its business from an online book retailer to selling electronic and house hold goods (Rothaermel 2015). The increase in the demand of the products and their satisfactory service to the customer have lead amazon grow its business throughout the world. Success factor for the companys success The success factor that lead Amazon to grow its business and take the lead position in the market is due to the hard working and management of its employees and business. The strategies are developed analyzing the current market scenario and they are aligned with the current needs of the customer. The main factor for the success of Amazon is the prediction power about the future scope in the market and aligning the information system with its business (Newcombe et al. 2015). The result of a good prediction is an increase in organizational power. Taking of decision in a centralized manner is also an important factor for the company because it involves all the higher level manager and a better decision can be taken with the involvement of all the stakeholders. If there is a change made in the strategy, procedure and organizational rules there is a need to change the software of the information system (refer to Figure 1). There is an interdependency acting on the information system and the organizational goals, here technology plays an important role in the alignment of the IS with the business approach. There is an interdependency on the kind of IS framework used for the assistance for achieving the goals (Pearlson et al., 2016). Figure 1: Change in strategy (Source: Ward and Peppard 2016) With the introduction of the information system the different marketing strategies are lined with the information system. The information system planning must be monitored to change it according to the change that may arise due to modification of strategy or change in the requirement of the organization. Unsuccessful example of using IT/IS strategy for gaining competitive advantage The unsuccessful example that implemented IS/IT strategy for gaining competitive advantage is Compaq. The company have the IS/IT strategy but not timely and it became too late for the company to recover its business process. The management of the information system is a difficult task in IS/IT management. There are many research conducted on the problem of alignment of the IS/IT strategy in the current business process of an organization (Dykman, Davis and Lamb 2013). There are three steps that can be taken as a manager for IS alignment to reach the organizational goals like improving the strategy for the implementation of the information system, integration of technology with the information system and support for the commercial vision in strategic information system initiative. Compaq failed in their business due to lack of planning and missing of the timeline when the IS/IT would be applied for the growth of the organization (Peppard, Galliers and Thorogood 2014). The company could not align the IS/IT with their business and the wrong decision taken by the executives of the company lead to a failure. The company merged with IBM and HP to produce low end systems and later on HP acquired Compaq and it was discontinued (Dykman, Davis and Lamb 2013). It face lots of struggle with its major competitor Dell it merged with different companies to grow its business but the lack of communication and RD investment also lead the company to fail in its business. Lessons learned from unsuccessful implementation The answer varies depending on the circumstances. The technological decision is derived by the strategic planning, choosing a new technology for the benefit of the organization without having a clear idea about the technology have no utilization for the organization. Huge investment is required for the implementation of new technology and if the technology is not understood by the user then the company might face a loss (Peppard, Galliers and Thorogood 2014). Thus in order to implement a new technology for the organization the organizational goals and the current position of the organization must be understood. This helps in pursuing a suitable action required for the implementation of the new technology (Dykman, Davis and Lamb 2013). Every organization, regardless what type or size, should have a strategic plan in place. The direction for making strategic decision and allocation of the resources to continue the directed strategy is defines under the strategic planning of the organiz ation (Rothaermel 2015). The main purpose of making a strategic planning for the organization is to outline the priorities of the organizational needs that would help the organization to reach its goal. It also allows the organization to collaboratively align with the organizational goals in a significant way to make a strategic idea about the organization, about the organizational goals and the change of the organization according to time (te Brmmelstroet 2013). An effective strategic planning process results in a sustainable, integrated and flexible strategic vision framework for the years ahead. The contenders should also be analyzed and focus on the upgradation capability of the organization by keeping a niche on the market. The company should also have a focus on leverage of local assets in the current market segments where the global contenders face difficulty to reach (Rothaermel 2015). The focus of the company should be on the expanding into the market related with the current business of the organiz ation. Suggestion for internal and external factors influencing success and failure of the organization There are many ways which can help the organization to successfully implement IS/IT strategy in their current business process and take it to the leading position in the market (Frahm 2016). The organization must adopt the strategy at the beginning and this helps the organization to dodge the rivalries. The company must focus on the local market and link the value chain to enter the global market scenario. The organization planning to implement IS /IT strategy should follow the following recommendation: Adoption of the technology at the early stage would help the company to gain first move advantage (Mitchell 2013). The first mover gain the advantage of offering the new technology and service to its customer and thus creating an impression on the mind of the customer. Application of information technology for gaining competitive advantage and build a customer focused business using the information technology. The business can be re-engineered to according to the current needs of the market to improve the cost, service, speed and quality (Peppard, Galliers and Thorogood 2014). Cross functional system can also be applied like ERP, SCM and CRM for making fundamental change in the business process or fixing poor design. Building an eco-system model coupled with independent network of supplier, partner, distributer and alliances (Bamberger, Biron and Meshoulam 2014). The organization should build a good business model with the stakeholders to gain competitive advantage. Implementation of the value chain in the business would help the business organization to overview the activity of the organization as a chain of process which adds value to the product and service to the customer (Rothaermel 2015). The value chain also helps the organization to find the value of the business towards its customer. Sustainability of the gained competitive advantage In order to remain in the leading market position the gain competitive advantage over the other companies in the market an organization need to constantly evolve and implement innovative strategies in their current business process (Andreev, Voronkov and Shafigullin 2013). Adapted to overwhelming situations in secured markets, the organization face more competitors than it is expected by the organization. The competitors can compete with the low cost products with same quality, innovative strategy to attract more number of customer, unique products, effective brands that have more brand value and loyalty of the customer. Regularly, the very survival of nearby organizations in developing markets is in question (Andrews et al. 2012). To maintain a long term sustainability the assets of the organization should be aligned with the characteristics of the industry. The development of the business should be done sustainable to remain in a leading position for a long term. Sustainable develo pment can be categorized into different fields like social sustainability, ecological sustainability or economic sustainability. (Grant 2016). The movement of the business should be done after analyzing the sustainability of the step taken by the organization. The business should have a corporate social responsibility that helps the organization to efficiently manage its resources and build a relation with the society and thus gaining better position in the market. The shortcomings of the rivals must be analyzed and it should be made strong in the organization to compete with the rivalries in the market. The using of organizational standards like ISO 9000 standards would also help the organization to maintain standards of the products manufactured or the service provided by the organization (Harvey and Kitson 2015). The use of ecofriendly systems and low power devices can also be helpful for a sustainable growth of the organization. The business organization must be eco efficient which includes the delivery of the products with good quality and competitively priced that supports the needs of the customer but have less impact on the environment. The sustainable development of the products also includes manufacturing of the products with minimum wastage of the raw material. With the reduction of the wastage of the raw material the organization is profited and the efficiency of the system increases (Chang 2016). Different business sectors have sta rted implementing sustainable development for their business. Thus sustainability of a business to remain in the leading position can be achieved with the sustainable development of the organization. The sustainable business practice should be applied in the business management and the organizational should be able to go beyond the traditional system (Ward and Peppard 2016). The organization should adopt new technology and innovation for aligning their business with the recent market trend and gain competitive advantage. Conclusion It can be concluded that the implementation of the IS/IT strategy in the business process of an organization can help the business to gain competitive advantage over other companies. The implementation of the IS/IT strategy should be done by the organization after a detailed analysis of the current business process of the organization and the needs for the organization to implement the strategy. There company faces different challenges regarding the management of the current resources of the organization and aligning the IS/IT strategies with the goals of the organization. References Andreev, V.A., Voronkov, A.A. and Shafigullin, L.N., 2013, March. Implementation of predictive control strategy for maintenance of fiber optic communication lines. InOptical Technologies for Telecommunications 2012(pp. 87870F-87870F). International Society for Optics and Photonics. Andrews, R., Boyne, G.A., Law, J. and Walker, R.M., 2012.Strategic management and public service performance. Palgrave Macmillan. Bamberger, P.A., Biron, M. and Meshoulam, I., 2014.Human resource strategy: Formulation, implementation, and impact. Routledge. Dykman, C.A., Davis, C.K. and Lamb, A.J., 2013. A Case of Mergers: The HP Experience.Journal of the International Academy for Case Studies,19(1), p.29. Frahm, J., 2016. Effective strategy for lean implementation under a culturally diversified environment case: Danish subsidiary in Indonesia.The TQM Journal,28(3), pp.377-389. Gollenia, L.A., 2016.Business Transformation Management Methodology. Routledge. Grant, R.M., 2016.Contemporary strategy analysis: Text and cases edition. John Wiley Sons. Harvey, G. and Kitson, A., 2015. Translating evidence into healthcare policy and practice: Single versus multi-faceted implementation strategiesis there a simple answer to a complex question?.Int J Health Policy Manag,4(3), pp.123-126. Hefner, J.L., Hilligoss, B., Knupp, A., Bournique, J., Sullivan, J., Adkins, E. and Moffatt-Bruce, S.D., 2016. Cultural Transformation After Implementation of Crew Resource Management Is It Really Possible?.American Journal of Medical Quality, p.1062860616655424. Keyes, J., 2016.Implementing the IT balanced scorecard: Aligning IT with corporate strategy. CRC Press. Mitchell, A.J., 2013. Screening for cancer-related distress: when is implementation successful and when is it unsuccessful?.Acta Oncologica,52(2), pp.216-224. Newcombe, C., Rath, T., Zhang, F., Munteanu, B., Brooker, M. and Deardeuff, M., 2015. How Amazon web services uses formal methods.Communications of the ACM,58(4), pp.66-73. Payne, A. and Frow, P., 2016. Strategy and implementation.The Marketing Book, p.439. Peppard, J., Galliers, R.D. and Thorogood, A., 2014. Information systems strategy as practice: Micro strategy and strategizing for IS.J. Strategic Inf. Sys.,23(1), pp.1-10. Rothaermel, F.T., 2015.Strategic management. McGraw-Hill. te Brmmelstroet, M., 2013. Performance of planning support systems: what is it, and how do we report on it?.Computers, Environment and Urban Systems,41, pp.299-308. Verloo, M., 2016. Mainstreaming gender equality in Europe. A critical frame analysis approach.? ? ?,117(117), pp.11-34. Ward, J. and Peppard, J., 2016.The Strategic Management of Information Systems: Building a Digital Strategy. John Wiley Sons.

Policies, Processes, and Methods of Operations Management at Harley-Davidson Motor Company Essay Example

Policies, Processes, and Methods of Operations Management at Harley-Davidson Motor Company Essay Policies, Processes, and Methods of Operations Management at Harley-Davidson Motor Company September, 2012 Introduction The role of operations management (OM) requires a great deal of responsibility. No matter the size or type of business, the technique and knowledge applied by an operations manager when planning, organizing, staffing, leading and controlling, can make or break a company (Heizer Render, 2011). Harley-Davidson Motor Company is a prime example of a goods producing organization with a history of unstable performance and successful achievements all affected by OM role. The following paper is an overview pertaining to policies, processes, and methods of OM at Harley-Davidson and acknowledgment of how todays’ OM decisions affect HD’s future as the number one motorcycle manufacturer. Background Harley-Davidson was founded in 1903 in Milwaukee, WI, by William Harley and brothers’ Walter, William, and Arthur Davidson. In 1929, 241 U. S. motorcycle manufacturers were in business but the Depression would find only Harley-Davidson and Indian remaining, until Indian closed its doors in 1953 (H-D History, 2012). Harley-Davidson would spend the following decades in aggressive financial struggles, periods of lowly manufacturing, and relentless foreign competition. Today, Harley-Davidson is a worldly traded organization, a cherished icon, and testament to the survival of an American business. Who is HD? Harley-Davidson is known for manufacturing heavyweight motorcycles in custom, cruiser and touring models in the U. S. and now with assembly operations in India and Brazil. HD’s domestic plants are; 1) York, PA, maker of Softail models, 2) Tomahawk, WI, for saddlebags and windshields, 3) Kansas City, MO, home of Sportster ®, Dyna ®, and VSRCâ„ ¢, and 4) Menomonee Falls, WI, an 849,000 square foot powertrain facility (Factory Tours, 2012). Aside from small scale custom cycle shops in the U. S. , Harley’s primary competition manufactures overseas. The long-standing Japanese competitors of HD are Yamaha, Suzuki, and Honda. Supply Chain Characteristics Consumers intent on buying American-made can be assured Harley-Davidson still lives up to its patriotic reputation. We will write a custom essay sample on Policies, Processes, and Methods of Operations Management at Harley-Davidson Motor Company specifically for you for only $16.38 $13.9/page Order now We will write a custom essay sample on Policies, Processes, and Methods of Operations Management at Harley-Davidson Motor Company specifically for you FOR ONLY $16.38 $13.9/page Hire Writer We will write a custom essay sample on Policies, Processes, and Methods of Operations Management at Harley-Davidson Motor Company specifically for you FOR ONLY $16.38 $13.9/page Hire Writer Even when cheaper parts are available offshore, HD’s Strategic Sourcing Program (SSP) requires use of domestic manufacturers and suppliers in most all cases, effectively preserving customer perception of HD as an American-made brand (Jesse, 2011). Manufacturing American-made motorcycles with American-made parts lends credit to a definitive supply chain characteristic of Harley-Davidson. Supply Chain Strategy A substantial percentage of Harley-Davidson’s motorcycles’ are internally produced but HD cannot survive without help from a few critical suppliers helping complete the overall production processes. Of the 6 supply-chain strategies defined in Operations Management, Heizer and Render (2011) define the use of few suppliers as a strategy for establishing long term buyer / vendor relationships which ultimately yield reliability and cost savings over time. For Harley-Davidson, hiring limited-long-term-suppliers is a major contribution to improved manufacturing consistency in its present day motorcycles. Negotiation Strategies Due to shear diversity of parts and materials required in production of a motorcycle, one can presume Harley-Davidson might prefer a combination of three collective strategies when negotiating and selecting suppliers. Cost-Based Pricing would likely be preferred when determining long term suppliers, Market-Based Pricing for optimum pricing of raw material commodities of frame construction and drivetrain components, and Competitive Bidding, primarily when pricing new HD projects. Suppliers must be familiarized with HD’s Concurrent Product and Process Delivery Methodology (CPPDM) and HD’s alignment with the Automotive Industry Action Group (AIAG) Production Part Approval Process (PPAP) to effectively validate and approve parts for use in production (Production Part Approval for Purchased Product, 2012). Basically, all Tier 1 suppliers seeking a role in the production of HD motorcycles cannot get past the front door without successful completion of HD’s PPAP. Performance Improvement of the Supply Chain Not long ago HD’s supply-chain was an imbalance of separate departments not focusing on their core competencies. Engineers were hiring suppliers when they should have been designing and while production was jeopardized by suppliers unable to meet commercial demand. Not only were purchasing and inventory costs increased as result of inadequacies but operations went from 11% of revenue in 1990 to 17. % in 1993 (Klamath, 2008). Recognizing the downward spiral, Harley switched to an integrated purchasing program complete with knowledgeable buyers, e-procurement, and strengthened supplier relationships. As of 1990, HD reduced an excessive 3,000 MRO suppliers to a concentrated group of 3 and hired a critical group of OEM suppliers for 80% of its purchases (Kamath, 2008). Consci ously eliminating suppliers has significantly improved cost, quality and timing. Maintaining Competitive Advantage Harley-Davidson does not compete on cost because a Harley almost always costs more than a competitors model. Instead, HD’s competitive advantage based on value and differentiation. Described by Heizer and Render (2011), differentiation is a product or services’ ability to achieve above expected characteristics and elevate overall consumer value be it through convenience, features and / or service related. HD differentiates itself through concentration intense concentration on their only product, making motorcycles, while competitors have since diversified into other motorized products. Aside from an all-encompassing brand and culture, Harley-Davidson creates value by implementing exceptional product quality, unique product features, and high quality service or elements people are willing to pay more for. Global Business Strategy Harley-Davidson has answered a call to global competitiveness by stretching its reach to Brazil, Asia, India and Australia. Although full production is not overseas yet, HD competitively markets highly demanded American-made units through CKD or completely-knocked-down assembly plants. The CKD assembly facilities located in Brazil and India allow HD to avoid high import tariffs and lower prices on motorcycles by 20-25 per cent therefore effectively going up against foreign competition (Miller, 2012). As for China, Japan, and Australia, each region still imports HD motorcycles via CBU (completely-built-unit) dealerships. The Asia Pacific market. Asia has become a primary region of focus for numerous global-minded companies. In 2001, the HD Asia Pacific headquarters opened in Singapore, securing Harley’s commitment to growing its Asian market. In 2010 alone, the Asia Pacific region accounted for 9. % of total sales making it critical for all functions of development and support including sales, marketing, and dealer development to be represented in its new headquarters (Harley-Davidson Motor Company, 2011). Projected numbers now indicate nearly half of Harley-Davidson’s sales will be from international markets. In 2010, international sales accounted for 35. 5 percent of total unit volume with a projection of 40% by 2014 (Harley-Davidson Motor Company, 2011). Based upon current figures, it is safe to predict HD’s strategic plans for globalization will be essential to the Company’s continued growth and competitiveness. Production Process Restructured Like most automotive manufacturers, Harley-Davidson’s production process has been assembly line-based and / or repetitive production focused for decades. With modern advancements in process technology and implementation of new labor agreements, HD is presently making changes along all production processes. Starting in Kansas City, HD’s restructuring of production processes will generate $15 million in savings by 2013, increase flexibility of seasonal production, and create the capability of adding customer preferences along the assembly process including customizations (HD-News, 2011). HD’s end result will be a more process focused strategy and ability to compete better globally. Customer Interaction When comes to production, customer interaction can often complicate things, simply because trying to meet customer demand can change a process or way of doing business. In today’s competitive environment, however, being more customer-centric is essential in gathering valuable customer input. In HD’s case, information gathered, may even be applied to the motorcycles it produces? For example, in 1993, Harley Owners Group (HOG) became a platform for obtaining customer feedback while SAP (Simple. Advanced. Powerful. ) Community Network is used more recently for pulling data from HD’s CRM program containing hundreds of customer touch points (Clark, 2011). On the surface, a HOG gathering may appear as a party for fellow Harley riders but inside is a 20 year tradition of building brand while learning what customers want. Technologies Used in Production If Harley-Davidson failed to invest in modern advances of production they find themselves incapable of keeping up with present day demand and productivity. Fortunately, HD continues to reinvest in technology having significant impact on efficiency and production. HD recently installed 100 Automated Guided Vehicles (AGVs) in York, PA, a plant normally designed for producing only Softail, to a plant now capable of adding Trike and Touring models through basic reconfiguration of assembly within days (Barrett, 2011). HD’s restructuring plan, while costly and time consuming, will put Harley-Davidson on the forefront of equipment and technology solidifying its production capability. Commitment to Quality and Excellence Building two-wheel machines creates an inherently greater risk to consumers, more so than the common automobile, making the need for quality assurance critical in every motorcycle it produces. Harley-Davidson is ISO 9001 certified and therefore requires the same of it suppliers of original equipment (OE) parts, production replacement parts, and any parts related to final products (Supplier Quality Systems Requirements, 2012). With ISO 9000 being the only internationally recognized quality standard, Harley-Davidson’s certification demonstrates a commitment to quality for both domestic and global consumers. Measuring Quality Just as Harley-Davidson meets ISO 9000 standards and requires the same of its suppliers, the same goes for measuring quality. According to Harley-Davidson’s Advanced Product Quality Planning process (APQP) a Process Flow Diagram or Flowchart is the foundation of quality measurement and Process Control Plans (which must meet AIAG requirements) become the output of APQP (Guidelines for Successful PPAP Submissions, 2012). With Total Quality Management (TQM) becoming a standard commitment by most organizations the consumer of high end products such as Harley-Davidson otorcycles can feel safer riding off the lot. Inventory Methods Assembling a motorcycle from the ground-up requires many independently demanded components, making a Material Requirement Planning (MRP) environment the ideal inventory method at Harley-Davidson. Sharing a likeness to Kanban, HD’s MRP consists of two processes; 1) Push MRP, based on ordering material consumed by planned production and sales forecasts, and 2) Pull MRP, based on ordering material used by HD, dealers, and merchants (Material Forecasting and Replenishment, 2012). Mechanisms used to indicate needed materials are Min-Max Stocking Levels, Automatic Backflush, Material Trigger Cards, and Empty Carts, Racks or Containers. HD also utilizes Supplier Managed Inventory in certain locations. ERP. When MRP-MRP II programs are working effectively many companies step into an Enterprise Resource Planning (ERP) to fully integrate of internal / external business processes, practices, and information. HD’s plans for ERP in York, PA originally scheduled for spring 2012 were pushed back after discovering more complexities with parts and handling than anticipated (Barrett, 2012). Once combined MRP-ERP are operational, HD will better align itself in retaining its position as the number one selling motorcycle nationally and globally for years ahead. Operational Planning Policies Even though Harley-Davidson’s production facilities’ share common workflow characteristics, each work environment varies in size, work flow process and overall activity. Operations managers of each location are faced with the task of labor planning and job design for achieving optimal performance and employee satisfaction. HD refers to methods for managing operational conditions as Capacity Management. Capacity Management uses the formulations of Overall Equipment Effectives (OEE) and Capacity Calculation to determine maximum rate of output a plant is able to produce under a given set of assumed operating conditions (Capacity Management, 2012). Clearly understanding operating conditions including shifts per day, number of days in the week, and employment levels allows an operations manager to create precise and accurate production plans. Lean Processes Lean operations and Just-In-Time (JIT) approaches have worked well for Harley-Davidson but success did not happen overnight. Since World War II, HD has made attempts at improvement of operational procedures and process strategies with various success but lean processes took complete precedent in the early 2000’s. In his book, The Lean Machine, former Product Development Director, Dantar Oosterwal, talks of HD doing well in 2002, but bikes were being manufactured faster than customers buying, so an opportunity to innovate on Lean principles became as apparent solution (Moving to lean product development, 2010). Results from Oosterwal’s Lean Process Development (LPD) at Harley-Davidson not only improved time to market and throughput but significantly increased quality. JIT and suppliers. Harley-Davidson’s supplier partnerships are also critical to the success of its JIT programs. Without good communication and trust between owner and supplier waste removal and improved quality would not be achieved. HD’s Material Forecasting and Replenishment program points out the fact many suppliers mistake JIT for a method of inventory reduction but HD stresses the ultimate goal of JIT is supply chain excellence (Material Forecasting and Replenishment, 2012). Conclusion From JIT to MRP, Harley-Davidson is an example of a company whose success rides on the shoulders of its operations management. What was once a struggling, U. S. -based producer of heavyweight motorcycles is now an international phenomenon with a culture and brand all its own. With today’s poor consumer confidence and high unemployment, few companies can proclaim an 11% gain in international sales in 2011 (Barrett, 2011). The success of Harley-Davidson, however, is dependent upon the leadership and strategic planning of its operations management. The OM role will continue to be challenged well past 2012 as Harley-Davidson aims for more global growth and efficient manufacturing. References Barrett, R. (2011). At Harley-davidson in york, a whole new way of doing things. Retrieved from http://www. jsonline. com/blogs/business/123454069. html Barrett, R. (2011). Harley-Davidson is changing to adapt here and globally. Retrieved from http://www. jsonline. com/business/121029763. html Barrett, R. (2012). Harley-davidson to delay new production system. Retrieved from http://www. jsonline. com/business/harleydavidson-to-delay-new-production-system-3k55jdh-148984215. tml Capacity Management. (2012). Doing business with harley-davidson. Retrieved from https://www. h-dsn. com/genbus/business. jsp Clark, T. (2011). Harley-davidson goes whole hog with customer insight. Retrieved from http://www. forbes. com/sites/sap/2011/06/29/harley-davidson-goes-whole-hog-with-customer-insight/ Factory Tours. (2012). Walk the line. Retrieved from http:/ /www. harley-davidson. com/en_US/Content/Pages/Factory_Tours/factory_tours. html Guidelines for Successful PPAP Submissions. (2012). Doing business with harley-davidson. Retrieved from https://www. h-dsn. com/genbus/business. sp H-D Museum. (2012). H-D history. Retrieved from http://www. harley-davidson. com/en_US/Content/Pages/HD_Museum/explore/hd-history. html HD News. (2011, February 28). Harley-Davidson to implement new production system at Kansas City following vote approving contract. Retrieved from http://www. harley-davidson. com/wcm/Content/Pages/HD_News/Company/newsarticle. jsp? locale=en_US Harley-davidson motor company; harley-davidson opens asia pacific headquarters. (2011). Marketing Weekly News, , 674. Retrieved from http://search. proquest. com/docview/868709296? accountid=38569 Heizer, J. Render, B. 2011). Operations Management. 2011 Pearson Education, Inc. Kamath, S. (2008, February). Integrated supply chain management – a case study of Harley-Davidson. E-J ournal, 2(1/5). Retrieved from http://www. aima-ind. org/ejournal_new/ArticleDetails. aspx? curr=146 Jesse, H. (2011). Strategy development. Retrieved from August 30, 2012 from http://strategyatheinz. blogspot. com/2011/04/harley-davidson-supply-chain-management. html Material Forecasting and Replenishment. (2012). Doing business with harley-davidson. Retrieved from https://www. h-dsn. com/genbus/business. jsp Miller, P. M. (2012, January). An american icon revs up its fan base and sales in china. Retrieved from https://www. chinabusinessreview. com/public/1201/miller. html Moving to lean product development. (2010). Supply Demand Chain Executive, 11, 8-8. Retrieved from http://search. proquest. com/docview/232430223? accountid=38569 Production Part Approval for Purchased Product. (2012). Doing business with harley-davidson. Retrieved from https://www. hdsn. com/genbus/PublicDocServlet? docID=121docExt=pdf Supplier Quality Systems Requirements. (2012). Doing business with harley-davidson. Retrieved from https://www. h-dsn. com/genbus/business. jsp

8 Interview Strategies for Introverts

8 Interview Strategies for Introverts It’s hard enough to find a job that’s fit for an introvert- let alone acing an interview for one. Perhaps you’re feeling overwhelmed by all of the interview advice out there, and feeling like you won’t ever quite be able to deliver? You don’t have to be extroverted or able to do things on the fly to get the job you want. Though you might be at a slight disadvantage if your introversion makes you come across as antisocial. To put your best self forward, try a few of these tips and strategies for success- even for the shy.1. Have a plan.One of the most overwhelming parts of socializing for an introvert is usually just not having any down time between periods of having to be â€Å"on.† Make sure you build in some solo quiet time before and after the interview to make sure your batteries are charged and you’re taking care of yourself. Plan your day around it and you’ll show up fresh and at your best, rather than overwhelmed.2. Do yo ur homework.The more you know, the more you can anticipate. Where exactly is your interview going to be located? Make sure you know how long it will take to get there and plan out your optimum route. Figure out who is going to be interviewing you and read up on them. Have topics ready to go that you can anticipate coming up during the conversation. And read up as much as you can on the company itself as well as the position you’re applying for. The better prepared you are, the less likely you are to get tripped up by any questions.3. Remind yourself of your strengths.Take a few minutes to go over your own resume and cover letter. Remind yourself of your accomplishments. Make a bulleted list of things you want to make sure to emphasize- especially if you usually freeze when having to sell yourself or sing your own praises. Remember, it’s a natural and good thing to do. So prepare to do it with minimal awkwardness.4. Prepare for small talk.Yes, the dreaded small talk is upon you. There’s no way around it. Even if you think it’s pointless and excruciating. Try instead to come up with a few questions that are more tolerable to you than sports and weather and last night’s Scandal. That way you can put you and the interviewer on common ground immediately and feel more comfortable. Write out a couple of these questions and commit them to memory.5. Look good so you feel good.Have all your ducks in a row- your portfolio at the ready, an extra copy of your resume and anything else they might need, and a snazzy outfit that makes you feel most comfortable and confident (and is also appropriate for their office culture/environment). Your clothes can show off that personality it takes you a while to let loose.6. Don’t try to be anything but yourself.Don’t try to be an extrovert when you aren’t. Even if you could fake being super outgoing and bubbly during the interview, you’re going to feel really awkward when y ou show up to work and everyone expects that of you on a daily basis.Don’t be embarrassed about being introverted. Remember, 50% of the population is just like you and being on the quieter side can actually be an asset in some situations. Be yourself and you’ll find a company that’s a good fit for you. And heck, if the opportunity comes up to mention explicitly that you’re an introvert- take it! There’s zero shame and it might even help your interviewer understand where you’re coming from.7. Match your interviewer’s tone.If you get stressed out in interview situations, just use your introvert superhero skills and do what you do best: listen and observe. Then you can match the tone of your interviewer as best as possible without having to second guess what sort of tone to use yourself. This will help you be more comfortable asking your own questions and sharing your best ideas!8. Nail the beginning and the end.If you think the whole pr ocess is just going to exhaust you, concentrate your biggest charm offensive on the first five and the last five minutes. Get that first impression and then leave them with a great impression and you’ll do great.

3 Hot Industries to Watch in Donald Trump’s America

3 Hot Industries to Watch in Donald Trump’s America After the election, whether you’re happy with the outcome or not, one thing remains true: a new president means a new era. Changes in the economy tend to come as the new president takes office and starts enacting policies. And politics aside, there are some industries you should be keeping your eye on as America embarks on its Trump administration journey†¦ especially if you’re not selected for a cabinet position. ManufacturingDuring the campaign, Trump made a lot of promises about bringing manufacturing jobs back from overseas. Realistically, many of these jobs have been replaced by technology and automation- but this shift actually creates new opportunities in the manufacturing sector. While these jobs may have been blue collar, factory-floor jobs in the past, now the openings will more likely be in areas like industrial design, logistics (trucking and transit), marketing, and other front-office-type jobs. In decades past, a high school diploma was usually the ti cket to a solid manufacturing job, but as the industry undergoes further changes, you’ll see more opportunities for those with postsecondary education (training programs) or higher.Example:  Industrial DesignerThe job: Industrial designers develop concepts and plans for manufactured goods like cars, electronics, toys, etc. This is a role that combines engineering, creative design, and business needs to create products that are cost-effective to produce and useful to consumers.Education required: Bachelor’s degreeThe salary: Median salary of $67,130 per year, according to the U.S. Bureau of Labor Statistics.HealthcareWhether or not Obamacare is repealed and/or replaced under a Trump administration, healthcare is going to continue to be one of the career hotspots in the next four years, and a focus for economic growth.Example: Medical AssistantThe job: Medical assistants are professionals who handle administrative and clinical tasks in healthcare facilities like hospit als, clinics, doctor’s offices, or nursing homes.Education required: High school diploma, plus completion of a training programThe salary: Median salary of $30,590 per year, according to the U.S. Bureau of Labor Statistics.CybersecurityThis is a hot-button issue- perhaps you’ve heard? If you’ve been paying attention to the news, you’ve seen the same themes pop up over and over all year long: â€Å"hack,† â€Å"breach,† â€Å"leaked emails,† â€Å"Russia.† Personal data has become kind of like the Wild West out there- the info exists, therefore someone will claim it. Every industry and just about every company struggles with keeping ahead of hackers and would-be bad guys seeking to snipe others’ information for their own gain, and that will likely continue over the next few years as more and more public attention is brought to these security breaches.Example:  Information Security AnalystThe job: Information security an alysts are IT professionals who are often a company’s first line of data defense. They plan and implement security measures throughout a company’s computer networks and systems, to defend against cyberattacks and data breaches.Education required: Bachelor’s degreeThe salary: Median salary of $90,120 per year, according to the U.S. Bureau of Labor Statistics.As with any new president, the best thing you can do, career-wise, is to prepare for change: new technologies, new national priorities, and new policies. You never know where the opportunities will arise, so it’s important to be open to those changes, no matter how you feel about the politics of it all.

Staff development Assignment Example | Topics and Well Written Essays - 250 words

Staff development - Assignment Example In the evaluation, it is more about what they have done for the organization and whether it was I line with the goals, mission and vision of the organization or not. In evaluating staff performance, the manager should allow for the employee to discuss their self-evaluation, what their needs are as well as the differences in the current and previously carried out evaluations. This allows bonding time and more communication as the interviewer and interviewee have interacted in the past hence an unstructured interview (Edenborough, 2007). In the staff selection interview, the manager takes all the charge and the staff is not allowed the open communication and personal input. This is necessary in order to create barriers and level of authority from the initial start with the employee. Managers that are too open may lead to employees that slack in performance, don’t take authority too seriously and hence leading to poor performance and manager-staff relationship in

Sustainable Marketing Assignment Example | Topics and Well Written Essays - 3000 words

Sustainable Marketing - Assignment Example Based on marketing regulations it is illegal to market the products different from the advertised ones (Mitsui 1997, pp. 303). Cosmetics are basically substances meant to enhance the human body. Cosmetics are categorized as skin care, hair care, mouth care, coloring cosmetics and others mostly preserved for feminine hygiene (Barel 2014, pp. 519). This report seeks to explore some of the most pivotal issues that come with sustainable marketing. By being able to obtain necessary requirements in the sustainable marketing of cosmetics in the beauty industry, the supplies will be able to effectively respond to consumer demands. The issues to be addressed in this study are: the need for sustainability in beauty salons, how to overcome the identified sustainability challenges, marketing sustainability management, encouraging customers on sustainable consumption and the tactics to reach broad consumer base. Furthermore, this report will also critically analyze the sustainable marketing strategies set by the provider of cosmetics in beauty salons. The limiting factor of this study lies on the author dwelling on one area of sustainable marketing which in this case is beauty in salons within the sector of cosmetics. Another complication results on regulations. Given that every government has its distinct set of regulations. This therefore complicates the consumer as well as the marketer assumptions on the general perspective of sustainability. The author will therefore strive to reveal what marketers and businesses can do towards realization of sustainable marketing. In attempts to find out the need for sustainability we are going to find out how it relates to the beauty in salon industry. Many salon owners glance at the products they use and get discouraged right away (Jercha 2012, pp. 5). They are ever pooled back by the feeling that they can never keep

Cross Media Assignment Essay Example for Free

Cross Media Assignment Essay In the first part of My Cross Media Assignment, I analysed, ‘L’Oreal Casting Crà ¨me Gloss.’ This advert cast Cheryl Cole, the nation’s sweetheart, in an advertisement for hair dye. This advert inspired me, to develop a beauty product, because it is such a big market here in the U.K. I took a close look at what Cheryl’s make-up was, and it was neutral and fresh, this was, apart from her eye shadow. As a result of this, I decided to design an eye shadow. I conducted research into Barry M’s Dazzle Dust, because their print ad’s are always flamboyant, and are interesting to look at. They use bright eye shadow, and usually darker coloured backgrounds to make the image ‘pop’, and stand out to the audience. The unique selling point of Dazzle Dust, is all the colours that it comes in, this makes the product unique. I decided to take a different route, and develop a product that women can use for the day and then for the night. I matched my product, Day n Night, to my target audience, because I think that women would want to own a product that they can use in the morning, when they go to work, and then they can use it straight after work, as a top up, using different colours, to go out for a drink with her friends. I think that my product appeals to women, because it is compact, useful, and there is a gap in the market for a product like mine. I planned my advert, by going to high street make-up retailer, House of Frasier, and I researched the eye shadow industry, and found that the adverts for the Day are very different from the ones that show a ‘night look’. The ‘Daytime’ look for most eye shadows is, a corporate woman looking clean. She normally has a very light Smokey eye, with a pink tint to blend. Whereas in the night look’ the woman has darker eyes, with black as a liner, and dark greys to blend. I decided for my advert that I would use the same woman, in two different situations, wearing two different styles of eye shadow, so that you can see a visible difference. I constructed my brand identity by using two colours, purple and lilac, the purple represents the night look, whereas the lilac shows the day look. I decided not to give my product a slogan, because I realised that women’s make up doesn’t generally have slogans, because if a woman sees a good advert, she will buy the product, and if she likes it, she will buy it again. I made the product represent all women, because in the U.K it is a frequently occurring thing, to see women go out with their friends after a day at work. I did not use a model for my print advert because I wanted my advert to be relatable to women, and give them a real product, rather than some product the celebrity endorsing it doesn’t use. The workplace I decided to use was a secretary’s desk, trying to show that you do not need to hold down a high paying job, to be able to buy the product. The only regulations that I might possibly face in my advert, is when the women goes out for a drink with her friends. There are restrictions in using alcohol in television or in print adverts, because Alcohol advertisements often portray alcohol as enhancing economic success, fun, attractiveness to the opposite sex, athletic skill, and social popularity, and this is the wrong message to send and is therefore not allowed. To prevent my advertisement to be subject to this, I have made sure that the alcohol is never directly seen, it is always mixed in a glass with something else, and the women are not sexualised, in anyway, and when you see men, looking at the woman with the eye shadow on, it is clear to the audience that they are not drunk, and that they haven’t been drinking. Looking back at my advert, I think that I could improve my television advert, because I do not think that in my storyboard, I showed off the product enough, and it was a little vague. Although I think I did meet the audience’s needs, and I did produce a product that I am pleased with, and I thought, there was a gap in the market for. I think on reflection, that my eye shadow box, was the best thing that I did concerning my whole assignment, and I am entirely pleased with my body of work, although there could have been some improvements made.

The Shark :: Literary Analysis, E.J Pratt

In â€Å"The Shark† by EJ Pratt, the poet tends to use â€Å"he† when referring to the shark. The poet also describes the shark in a way that leads us to think that the shark is a symbol representing war. The poet suggests this by using metal descriptions of the shark such as â€Å"sheet iron†, â€Å"three-cornered†, â€Å"knife-edge†, â€Å"tubular† and â€Å"metallic grey† (4-6, 10, 19-20). So it could be that the poet is doing this to associate the shark with weapons used as war alas the association of metal in the poem. In my version, the shark is â€Å"she† rather than â€Å"he†. This changes the meaning of the poem. The meaning that I am trying to send to the readers is how women tend to think of each other. In the original version, the poet associates the shark with metal description. In my version, the metal descriptions as mentioned above are now â€Å"pennant flag†, â€Å"silvery grey†, â€Å"kee n-edge† and â€Å"cannular† (4-6, 10, 19-20). Women are different from men. They do not use violence to solve matters, but rather they use their words and intelligence. When using these words, you can feel the change of tone from a harder tone to a softer one which is similar to the difference of violence and words. In line 15, the shark snaps at a flat-fish. In my version also line 15, the shark only glowers because females are not as aggressive as males. Females tend to look down upon other females just as the shark is doing in the poem. Throughout â€Å"The Shark† by EJ Pratt, the poet places a lot of effective diction such as â€Å"leisurely†, â€Å"stirred†, â€Å"snapped†, â€Å"flash†, â€Å"shearing and â€Å"lithely† (2, 7, 15,17,23-25). These words are effective due to their tone and meaning. Comparing â€Å"snapped† to â€Å"glowered†, â€Å"glowered† has a less dangerous tone (15). In my version, replacing all the effective diction changes the tone of the poem. In the original version, the poet describes the shark in a way that guides us to believe that the shark is an impenetrable, fearless and powerful creature using metal descriptions of the shark such as â€Å"sheet iron†, â€Å"three-cornered†, â€Å"knife-edge†, â€Å"tubular† and â€Å"metallic grey† (4-6, 10, 19-20).With the changes of the diction, the feeling is no longer there and now creates a feminine feeling of the shark, where the shark seems le ss terrifying due to different wording such as â€Å"lithely† to â€Å"slenderly† (24). In the original version, there is repetition of the word â€Å"leisurely† which is now â€Å"casually† (2, 25).

Respiratory Therapist

Ms. Paula Weston English 101-57 30 October 2012 In the World of Respiratory Therapy When you graduate high school most of us look forward to going to college and starting a new chapter in our lives. There are many choices of fields to choose from when we enter college. Some of us know right from the start what we want to do and some of us don’t. I have had many ideas of what I might want to pick as my career for the rest of my life. It first started out with wanting to be a teacher, and then it changed to a veterinary technician, and finally with lots of thought and research I have decided I want to be a Respiratory Therapist.I have struggled through many years trying to find the perfect career I wanted to do for the rest of my life. I knew I wanted to do a career in the health care field because I knew it would always be a field that would be around and always in demand. When interviewing Dennis Brown, a Registered Respiratory Therapist, he stated, â€Å"I had always been in terested in the medical profession, and the coursework provided me with the flexibility to choose another medical profession if I found respiratory care was not what I believed it to be. (Brown). It hadn’t occurred to me until I was talking with Brown that I could use my background and degree to go into other medical fields if I felt the respiratory field wasn’t the one for me. One reason I have chosen this field is I have always wanted to work with children. I love being around children they are so innocent and have no worries and are always happy go lucky, most of the time. In my research I have found that I could work in the neonatal and pediatric care.I would love to help out a child in need and try to my best to help them get better in any way that I could and it would give me a lot of satisfaction and being able to do that every day would all be worth it. Another reason for choosing this field is I could get a job anywhere I go. If I chose to stay in Michigan the re are many good hospitals in the area to work at, and even if I chose to move out of state this is the kind of career that I could take with me and I would expect to find a job easier than other careers that are only limited to certain areas.When researching this career I have always wondered if I there were any risks or downfalls to this career path. Of course like any other career there are always good and bad thing to the job. One main thing that has stuck in my mind when researching is health risks to Respiratory Therapist from exposures on the job. â€Å"Respiratory therapists (RTs), through their involvement in the diagnosis, treatment, and care of patients with respiratory and cardiopulmonary disorders, can potentially be exposed to a variety of agents that could impact occupational health.Respiratory hazards that may be encountered in the work environment include aerosolized agents and chemical sensitizers such as glutaraldehyde, which is used to disinfect bronchoscopes. A lthough there are many types of aerosolized substances, concerns have been found no significant dose-response effect on lung function, although there were increased symptom complaints (ie, chest tightness and shortness of breath) in some of the nurses. (abc) This information has opened my eyes to many things that could happen on any job when exposed to different chemicals. This research has not stopped me from pursuing my career in Respiratory Therapy though. I have just started my journey into getting my degree in the Respiratory Therapy program and so far the courses are easy, but I know the farther I am in the program the harder it will get. There are many positives to way I am choosing this career path and also there are some negatives just like in any other career.I think the satisfaction of being able to help other people will overlook the fact that there might be a chance of risks within my career choice. I plan to stick through my goal of becoming a Respiratory Therapist and push through and struggles that might come along the way to achieve this goal. Work Cited Brown, Dennis. Personal Interview. 25 October 2012 Dimich-Ward, Helen, PhD; Michelle Lee Wymer, BSc; and Moira Chan-Yeung, MB. â€Å"Respiratory Health Survey of Respiratory Therapists† CHEST; Oct2004, Vol. 126 Issue 4, p1048-1053, 6p.

The Development and Sustainability of Group Cohesion

It is important to realize that in all aspects of life, especially the workplace, a person needs to encompass the dualities of professionalism and emotionalism in order to be a successful leader and promote group cohesiveness. Due to the relative traditionalism associated with the application of professionalism, this essay will deal mostly with the recent addition of emotionalism as an important factor in determining the type of leadership style necessary in developing group cohesiveness. Emotions are an essential and unavoidable element of organizational life. Despite the fact that members in organizations experience emotions in many different forms, researchers have often failed to study the effects of emotion in the workplace. This new development in organizational behavior suggests that these types of considerations should be discussed and investigated further when evaluating different approaches to the development of group cohesiveness. Developing a strategy for the development of group cohesiveness is dependent upon many different factors. Group dynamics are influenced by distinctiveness from the organization as a whole, and also in the composition and development of the particular group structure involved. Once isolated, this group structure may present other barriers to the development of effective group cohesiveness such as intra- and inter-group conflicts that arise from the particular merit system established within the group. For example, if group members are â€Å"not evaluated on a per/team basis,† members may develop unhealthy competitiveness within the individual group itself (Briggins 81). One inherent paradox within most group structures is the need for trust to exist before trust can develop. This adds difficulty to establishing group cohesiveness within any group, no matter the form. An example of a loss in group cohesiveness from external group conflicts may arise when there is a lack of distinction between the evaluation of each particular group, with the result of tension being established. Tensions are often fuelled by affective or expressive concerns that have little to do with instrumental or task-focused concerns, and minor disagreements can therefore, quickly escalate into major conflicts with group members polarized into different rival camps. Due to the many potential problems of group dynamics, the considerations involved in developing group cohesiveness take on a different appearance than traditional management decision-making processes. Some of the key considerations one must investigate when discussing the phenomenon of group cohesiveness deal exclusively with the recognition of the different aspects of emotionalism. Many times researchers assume that emotionality and rationality are antithetical, and thus, in the rationally based world of modern management, CEO†s ignore emotional concerns when establishing group standards and leadership. Due to this type of belief, when evaluating group cohesiveness, no normalization or recommendation has generally been given to group leaders in the evaluation of and interaction with the emotions of the group members (Carr 48). In actuality, emotionality and rationality have been found to be interpenetrated and interdependent, because emotions, as well as rational thought (one would hope), are involved in every group decision making process. The concept of â€Å"cohesiveness† itself is defined as â€Å"the attractiveness of a group to its members, highlighting the affective bond between individuals†(Pettit 13). Thus in order for management to develop a consistent policy for the development of group cohesiveness, emotionality must be considered as well as the aforementioned possible difficulties which may arise out of the different forms of groups and the group dynamics associated with each form. There are many possible costs and benefits involved in the development and support of group cohesiveness within any organization. One important consideration that may lead to both benefits and downfalls in the development of group cohesiveness is emotional contagion. Emotional contagion is the tendency for a member of a group to mimic another group member†s emotional experience/expression and thus to experience/express the same emotions his or herself. Emotional contagion underlies such phrases as â€Å"team spirit† and â€Å"electricity in the air†, and it is the same reason why teammates tend to cheer and clap during sporting events in order to â€Å"root teammates on† (Frisch 16). Emotional contagion can be a very constructive or destructive force in organizations. On the positive side, contagion may increase empathy and solidarity, creating a cohesive group. This contagion can be mobilized in the pursuit of organizational goals. It has even been supposed that the interaction and sharing of emotions promote group cohesiveness to the extent that they develop a kind of â€Å"group mind†. On the negative side, though, contagion can also impair performance. It may cause negative emotions such as fear and anxiety to quickly pervade the entire group, and in turn the entire organization. This often results in infighting and factionalism. There are many factors essential to the CEO in the development and sustainability of group cohesiveness. One must evaluate the different dynamical group constructs in order to prevent intra- and inter-group conflicts. It is also essential for any leader of any organization to recognize the emergence of emotionalism as a major factor in the evaluation and implementation of any plan for group cohesiveness. The final and perhaps most important consideration the CEO must undertake, is the evaluation of the impact of emotional contagion and what means may be implemented to help develop effectively transformational leadership processes for the groups in the organization. All of these considerations should help the CEO to establish and sustain group cohesiveness within the entire organization.

Selecting a Topic for Your Thesis

Selecting a Topic for Your Thesis A thesis topic must spring from your own energies and interests. The first step toward defining a thesis topic, then, is to determine your primary areas of interest. The role of self-examination in this process is critical. Finding a thesis topic within an area of interest is more difficult. A topic is best formulated as a question. But the questions cannot be too broad, for a topic must have focus. Nor can it be too narrow since the goal of a good thesis is to express thoughts of general importance through detailed analysis of a specific case or cases. Generally speaking, a good thesis topic is interesting to you, to your advisor, and to the research community. As with many aspects of graduate school, the balance you find will depend at least in part on the relationship you have with your advisor. Some professors have well-defined long-term research programs and expect their students to contribute directly to this program. Others have much looser, but still related ongoing projects. If you are unsure about the viability of your topic, you might look at past theses in order to find out what types of projects have been the most successful. Or you may order your thesis with and our professionals will do everything for you.

What to Include in a Student Portfolio

What to Include in a Student Portfolio Student portfolios are educational tools teachers use to create alternative assessments in the classroom. Including the right items in student portfolios are important, but before you decide on the items, review the basic steps for getting started, creating student portfolios  as well as their  purpose. The Missouri Department of Elementary Secondary Education notes that portfolios should show student growth and change over time, develop student thinking skills, identify strengths and weaknesses and track the development of one or more products of performance, such as samples of student work, tests or papers. No-Fuss Portfolios To achieve these goals, allow students to be involved in creating the portfolios. This will help minimize your paper-gathering time and help students take ownership.  Jon Mueller, a psychology professor at North Central College in Illinois, says that portfolios can be easy to manage and offers some tips for items to include in what he calls no-fuss portfolios: Have students select a piece or two of their work over the course of a quarter, semester or year; at the time of each selection, have the student write a brief reflection on the item, as well as why she included it; and, at the end of the quarter, semester or school year, ask students to reflect again on each item. Sample Items The kinds of items you have students include in their portfolios will vary by age and abilities. But, this brief list may give you ideas to get started. A letter to the reader discussing portfolio itemsA reading logQuotations the student especially likesGraphic illustrations of information, such as charts, concept diagrams, timelines and photographsVideo recordings of readings or performances. You can film students reading or performing using a smartphone and then download the filmed version onto a computer.A sample paragraph showing mastery of specific writing techniquesSample essays of various types descriptive, narrative, explanatory, expository, persuasive, cause and effect, ​compare and contrast  or defining terms.Writing that students created in their other classes, such as reports, speech outlines, essays or projects.Research-related writing, including a description of procedures, instruments such as surveys, results, and productsAn explanation of literary terms using examples from what students are readingCreative writing, including stories, poems, songs and scripts Reflection Phase The Missouri Department of Elementary Secondary Education says that to make portfolios really useful, remember that their purpose is to serve as authentic assessments evaluations of real student work over a given time period. Unlike other forms of assessment, such as a timed test, students should be given time to reflect on their work, says the department. And, dont assume students simply will know how to reflect. As with other academic areas, you may need to teach students this skill and spend time helping them learn how to (reflect) through instruction, modeling, lots of practice and  feedback. When the portfolios are complete, take time to meet with students individually or in small groups to discuss all of this learning material they have created, collected and reflected on. These meetings will help students gain insights from their body of work and give you a clear look at their thinking process.

Answer Sheet for HD4 Assignment Example | Topics and Well Written Essays - 250 words

Answer Sheet for HD4 - Assignment Example The assignment "Answer Sheet for HD4" presents the overview of information regarding statistics like scales of measurements and what they are used for, types of variables and how they are reported. Mean is the average of a set of data collected. It is calculated by adding observed values, diving by a number of observations. It summarizes a single variable. Median is the middle value in a set of collected data. The data is arranged in order value. It is important for variables like age, income, and turnover. The mode is the data that commonly appears in a set of collected data. Standard deviation shows the range of variation of a particular group from the mean score. Its concept relies on splitting the dataset into smaller values for evaluation. Validity evidence is based on content and criteria. The evidence for reliability is a test-retest method, alternate forms, internal consistency, and inter-scorer reliability. The dependent variable in the study is the impact of social networking on the learning process. It was determined by a comparison between regions and the number of users of social networking. Validity was established through data collected as evidence. Reliability was done through questions like; how can electronic media and social networking improve teaching and learning of the course? Collect data on the preferences of the students and establish the standard deviation. Poor academic performance cannot be used to validate that a student has low intelligence, perseverance, honesty and other variances.

Nicolaus Copernicus Essay Example | Topics and Well Written Essays - 1000 words

Nicolaus Copernicus - Essay Example was aware of this and could not present any observational "proof" in his manuscript, relying instead on arguments about what would be a more complete and elegant system. From publication until about 1700, few astronomers were convinced by the Copernican system, though the book was relatively widely circulated (around 500 copies are known to still exist, which is a large number by the scientific standards of the time). Many astronomers, however, accepted some aspects of the theory at the expense of others, and his model did have a large influence on later scientists such as Galileo and Johannes Kepler, who adopted, championed and (especially in Kepler's case) sought to improve it. Galileo's observation of the phases of Venus produced the first observational evidence for Copernicus' theory. The Copernican system can be summarized in seven propositions, as Copernicus himself collected them in a Compendium of De revolutionibus that was found and published in 1878: 1. Orbits and celestial spheres do not have a unique, common, center. 2. The center of the Earth is not the center of the Universe, but only the center of the Earth's mass and of the lunar orbit. 3. All the planets move along orbits whose center is the Sun, therefore the Sun is the center of the World. (Copernicus was never certain whether the Sun moved or not, claiming that the center of the World is "in the Sun, or near it.") 4. The distance between the Earth and the Sun, compared with the distance between the Earth and the fixed stars, is very small. 5. The daytime motion of the Sun is only apparent, and represents the effect of a rotation that the Earth makes every 24 hours around its axis, always parallel to itself. 6. The Earth (together with its Moon, and just like the other planets) moves around the... Copernicus' major work, was the result of decades of labor. It opened with an originally anonymous preface by Andreas Osiander, a theologian friend of Copernicus, who urged that the theory did not necessarily have implications outside the limited realm of astronomy. Copernicus' actual book began with a letter from his (by then deceased) friend, the Archbishop of Capua, urging Copernicus to publish his theory. Then, in a lengthy introduction, Copernicus dedicated the book to Pope Paul III, explaining his ostensible motive in writing the book as relating to the inability of earlier astronomers to agree on an adequate theory of the planets, and noting that if his system increased the accuracy of astronomical predictions it would allow the Church to develop a more accurate calendar (calendar reform then being an important question and one of the major reasons for Church funding of astronomy.

Social Problems Caused by Abortion Essay Example | Topics and Well Written Essays - 750 words

Social Problems Caused by Abortion - Essay Example For the conclusion, the summary of the researcher's learning outcomes will be enumerated. There is a huge difference between the number of Baby Boomers population (born between 1945 - 1964) with 76 million as compared to the Generation X's (born between 1965 - 1980) with 46 million. (Francis-Smith, 2004; Allen, 2004; Raines, 2002) Basically, the signficant differences on the number of population between the two generations contribute a lot to the increase of social problems related to the future pension plan for the Baby Boomers. Since the population of Generation X is significantly much lesser than the population of Baby Boomers, the amount of taxes that can be collected from Generation X would become insufficient to sustain the large sum of money needed to support the pension pay of each individuals belonging to the Baby In line with this matter, Senator Zell Miller stated that "killing: of unborn children has caused a number of social problems in the United States including limiting the number of people who could be productive workers and contribute to social security." (Ertelt, 2007) Also, given that millions of American fetus were legally aborted either intentionally or against the free-will of the pregnant American woman, the United States need to accept more highly literated foreigners to immigate into the country. Based on medical tests, women who has undergone the process of abortion may result to a long list of negative physical, emotional and psychological adverse effects. (Coleman, Rue, & Spence, 2007) As part of the negative psychological effects of abortion on young girls and women, more than 25% of them are seeking the professional help of a psychiatrist. (Badgley, 1977: 313 - 321) Some women who could not tolerate the emotion and psychological disturbances caused by abortion may also have difficulty in getting some sleep or experience nervous disorders and post-traumatic stress disorder (PTSD) which may require them to be admitted to a psychiatric hospital. (Barnard, 1990; Ashton, 1980) Some of these women may also have an increased risk to minor and major infections, the symptoms of excessive bleeding, chronic abdominal pain due to the tearing of the uterus, cervical injuries and gastro-intestinal disturbances. (Reardon, 1987) In case these physiological symptoms are not properly taken cared of, the woman may end up losing their own lives. (Frank et al., 1987; Reardon, 1987) Since women who has gone through abortion may be at risk of mental, psychological and physical problems, each of these women would not be effective enough in fulfilling their role in the society as a wife and a mother. Society's Contribution in the Development of these Social Problems The society has a

The CISG and the CESL

The CISG and the CESL In the 21st century, international contracts and cross-border sales are regularly used by people all around the world. Most goods we buy in our daily life are connected to at least one international contract in one way or another. A great part of the international economy and most businesses in Europe rely on international trades and cross-border transactions. But almost all international contracts share the same question: which legislation guides the contract? Is it the domestic law of the seller or the domestic law of the buyer? The answer to this question might have a big influence on, for example, the distribution of risks in the contract or the amount of damages paid in the case of a breach of contract. It is, therefore, essential for every cross-border trade transaction to know in advance which legislation will guide the contract. This is the point where the CISG and the CESL come into play. Both, the CISG and the CESL, try to provide the buyer and the seller with a reliable and unified legislation. Between all sellers and buyers located in a country that accepted the CISG the legislation for any given trade is determined by the convention. The CESL seeks to accomplish the same goal between all European countries. A reliable legislation is especially important in business to business transactions (B2B transactions). Businesses are usually involved in a great number of sales contracts with different business partners in different countries at the same time. The work required to evaluate risks and calculate appropriately would be just too costly. The only solution is a unified international sales law. However, the question arises why there is the need for a second cross-border sales legislation next to the CISG. The statement was given by the ICC on the European Commission proposal for a regulation on a Common European Sales Law also raises the same question. To answer this question, this assignment will compare the CISG and the CESL to one another. Therefore, this essay will have a look at the regulations provided by the CISG and CELS with a focus on the provisions related to e-commerce as well as on the backgrounds of both regimes. Firstly, the essay will introduce the two regimes and give some general information about them. Secondly, the essay will identify all major differences between the two legislations and analyse the CELS suitability to fill gaps in the CISG. The essay will also take a closer look at rules and regulations implemented by the CESL. Lastly, the essay will put the findings in relations to the needs of businesses and B2B transactions and thereby analyse whe ther the CESL is just an optional instrument or an improvement to the CISG. The essay will end by giving a conclusion. A. CISG The CISG was developed by the United Nations Commission on International Trade Law (UNCITRAL) and was signed in Vienna in 1980. The CISG came into force on 1 January 1988, after being ratified by 11 countries.[1] Currently, 78 states have signed the Convention[2] and the combined trade power of those 78 countries sums to about 80% of international trade. The only major country yet to sign the CISG is Great Britain. The CISG is described in the convention as follows: The CISG governs contracts for the international sales of goods between private businesses, excluding sales to consumers and sales of services, as well as sales of certain specified types of goods. It applies to contracts for the sale of goods between parties whose places of business are in different Contracting States, or when the rules of private international law lead to the application of the legislation of a Contracting State. It may also apply by virtue of the parties choice. Certain matters relating to the international sales of goods, for instance, the validity of the contract and the effect of the contract on the property in the goods sold, fall outside the Conventions scope. The second part of the CISG deals with the formation of the contract, which is concluded by the exchange of offer and acceptance. The third part of the CISG deals with the obligations of the parties to the contract. Obligations of the sellers include delivering goods in conformity with the quantity and quality stipulated in the contract, as well as related documents, and transferring the property in the goods. Obligations of the buyer include payment of the price and taking delivery of the goods. In addition, this part provides common rules regarding remedies for breach of the contract. The aggrieved party may require performance, claim damages or avoid the contract in case of a fundamental breach. Additional rules regulate passing of risk, anticipatory breach of contract, damages, and exemption from performance of the contract. Finally, while the CISG allows for freedom of form of the contract, States may lodge a declaration requiring the written form.[3] B. CESL The CESL was drafted by the European Commission in 2011. The CESL is based on the Draft Common Frame of Reference (DCFR)[4]. The CESL looks to unify trade law in the European Union by providing an additional legislation to the CISG. In contrast to the CISG is does not apply to contracts automatically but chose the so-called opt-in solution. The CESL only comes into effect if both parties agree on using it as the guiding legislation. The draft of the CESL has been revealed to the public, but the convention is yet to be ratified by the European Parliament. The first part of the CESL deals with the general principles and applications of the convention. The second part of the CESL deals with the definition of a legally binding contract, duties of the seller and the buyer while forming a contract, the conclusion of the contract, and the right to withdraw the contract. The third part of the CESL deals with the interpretation of a contract and the identification of unfair content. The fourth part of the CESL deals with the obligations and remedies of the performing parties in a sales contract such as delivery of the goods and payment of the agreed price. The fourth part also covers the distribution of risks in the contract. The fifth part of the CESL deals with the obligations and remedies under a service contract. The sixth part of the CELS deals with damages and interest. A. Objectives and scope of application of the CISG and the CESL The first point to discuss, are the objectives of the CISG and the CESL. Why were they implemented, what is their purpose, what is the goal they want to archive, and what contracts do they cover? 1. The CISG The objective of the CISG is to unify the substantive law of professional international sales of goods. The CISG, however, principally excludes consumer sales unless the consumer is not recognized as a consumer by the other party or where the consumer sells to a professional buyer.[5] Other than that, the CISG covers all forms of professional sales. The reason the CISG was drafted was the insight that different sales laws of different states hinder international trade. To remove those differences and to thereby simplify international trade. Since most merchants do not really care about the law applicable to their specific contract, the CISG only replaces the otherwise applicable national law as far as the CISG reaches.[6] The CISG applies automatically to all trade contracts matching the requirements of the CISG. 2. The CESL The purpose of the Regulation is to improve the conditions for the establishment and the functioning of the internal market by making available a uniform set of contract law rules.[7] The objectives of the CISG and the CESL are therefore essentially the same. Both conventions look to remove the national law from international trade, as the differences between laws represent a hindrance to cross-border trade transactions and should, therefore, be removed. However, the CESL, as its name already indicates (Common European Sales Law), only seeks to archive this aim within the European Union. The CESL does not apply automatically to all trade contracts within the European Union. It is intended to be an additional instrument parties of a sales contract can choose, in order to avoid differences between domestic sales laws. The authors of the CISG want a choice in favor of the CESL to be understood as a conclusive deselection of the rules of the CISG.[8] Additionally, the CESL is intended to apply mainly to consumer contracts and to small businesses. The CESL only covers contracts between consumers and professional sellers and contracts between professional traders if one of them is a small or medium sized business.[9] The CESL aims to protect the naturally disadvantaged party in an international sales contract. However, even though the CELS expressively excludes contracts between large businesses, the proposal includes the option to make the CESL available in large scale international sales contracts between large companies, if the member states chose to do so.[10] 3. Comparison The scope of application and the objectives of the CISG and the CESL only match to a very limited extent. Where the CISG aims to act as a tool to facilitate international trade on a global level between companies, the aim of the CESL is to protect consumers and small businesses primarily in the European Union. However, the scope of application of the CISG and the CESL overlap on small and medium sized businesses. In contracts between small and medium sized businesses the CESL therefore truly represents an optional instrument, as the statement of the ICC on the proposal states (Unless the member states decide to open the CESL to large businesses). This fact is, however, surprising, since the CESL ´s primary goal is consumer protection, whereas the CISG ´s aims to facilitate international trade between businesses. Another important aspect to notice are the different solutions on how the conventions are implemented into trade law. While the CESL is intended to be an alternative solution to existing domestic trade laws the involved parties can choose as an alternative, the CISG aims to replace the different national sales laws by default. B. Opt-in and Opt-out As mentioned before, the CISG and the CESL require different circumstances under which they apply. The CISG, on the one hand, applies automatically the moment its conditions of applications are met. However, this is only true in case the parties of the contract did not choose to opt-out, meaning the parties did not explicitly agree on excluding the CISG.[11] The CESL, on the other hand, chose a so-called opt-in solution. Only if the parties explicitly agreed on the application of the convention, is the contract guided by the CESL.[12] It is, however, doubtful whether the opt-in solution selected in the CESL provides an incentive big enough for businesses to opt into the convention. Since the CESL includes a high level of consumer protection, it seems unlikely that small businesses have any interest in the application of the CESL in their contract.[13] Consumer protection is usually not necessary in B2B contracts and sometimes even aggravates trade. It is therefore highly unlikely tha t businesses to whom the CESL applies choose the CESL over the CISG. C. Partial exclusion Article 6 of the CISG states that parties can exclude each part of the CISG or the convention as a whole from their contract.[14] The only exceptions to this are: (1) form requirements established by the member states according to Article 12 CISG[15], (2) the unwritten exceptions in the final provisions[16], and (3) the principle of good faith in international trade.[17] The CESL, on the other hand, can only be adopted as a whole, since its rules and regulations are mandatory.[18] This principle is revisited in recital 24 of the proposal for a Common European Sales Law as it states: In order to avoid a selective application of certain elements of the Common European Sales Law, which could disturb the balance between the rights and obligations of the parties and adversely affect the level of consumer protection, the choice should cover the Common European Sales Law as a whole and not only certain parts of it.[19] Contrary to the idea of an all or nothing solution in the CESL, recital 30 of the CISG reads as follows: Freedom of contract should be the guiding principle underlying the Common European Sales Law. Party autonomy should be restricted only where and to the extent that this is indispensable, in particular for reasons of consumer protection. Where such a necessity exists, the mandatory nature of the rules in question should be clearly indicated ;[20] indicating that only parts of the CESL are mandatory and can therefore not be excluded in case the convention is chosen as the guiding law. The compatibility of those contrary statements in the CESL is up for discussion and will probably only be resolved in case the CESL is issued. For B2B transactions it is essential to have the flexibility granted by the possibility of a partial exclusion of certain rules. Businesses will most likely only consider the CESL as an alternative to the CISG if it does not limit them in their freedom of contract. D. Conflict of laws The CISG and the CESL both are international conventions on sales law. They naturally compete with the international law established by the contractual states. Therefore, an important aspect of the CISG and the CESL is their relation with international private law. The regulation in the CISG is very straightforward: as far as the CISG reaches does it supersede private international law.[21] The supersession does not limit the parties in the exclusion of parts of the CISG and thereby also limiting its supersession. The CESL takes basically the same approach. The relationship between the CESL and the private international law is covered in recital 27 and Article 11 CESL. Article 11 states: Where the parties have validly agreed to use the Common European Sales Law for a contract, only the Common European Sales Law shall govern the matters addressed in its rules. Provided that the contract was actually concluded, the Common European Sales Law shall also govern the compliance with and remedies for failure to comply with the pre-contractual information duties.[22] Additionally, in recital 27 the CESL states: All the matters of a contractual or non-contractual nature that are not addressed in the Common European Sales Law are governed by the pre-existing rules of the national law outside the Common European Sales Law à ¢Ã¢â€š ¬Ã‚ ¦[23]. The CISG and the CESL do not replace private international law as a whole. Both conventions only provide a uniformed international trade law inside their scope of application.[24] E. Comparison of specific regulations in the CISG and the CESL 1. Contractual conformity of goods The most important part of any law concerning the sale of goods are the rules regarding the contractual conformity of the goods. In the CISG this topic is covered in Article 35 and mainly focuses on the agreements of the parties made concrete in the contract.[25] Whether a good is delivered in the condition and quantity necessary to avoid liability does first and foremost depend on the way the parties described the good in the contract. Only if such an agreement was not included in the contract is the contractual conformity determined by assumptions made in the CISG.[26] The CESL takes a different approach. Whether a good delivered is in conformity with the contract depends on two different aspects: The goods must match the agreement of the parties in the contract, but at the same time the good must be compliant with certain requirements laid down in the Articles 99 and 100 of the CESL.[27] This, so called, objective and subjective approach may be the standard in most modern consumer protection laws[28]. It most certainly does not comply with the needs and concerns of modern B2B international transactions. In trades between businesses goods can serve the intended purpose even in cases I which they are (not) fit for purpose for which goods à ¢Ã¢â€š ¬Ã‚ ¦ of the same description would ordinarily be used.[29] A case like this would lead to the preposterous situation, where the seller is liable for damages even though a good serving the purpose was delivered. This again demonstrates one of the main issues of the CESL regarding the usage in B2B transacti on. Unifying consumer protection and the interests of businesses in one convention never serves both interests equally well. Both, the CISG and the CESL, regulate the requirement of notification of lack of conformity and the examination of the goods in sales contracts between traders.[30] 2. Formation of contract The formation of a contract is an essential part of a trade law convention. It is therefore not surprising that the CESL is very similar to the CISG in many aspects and even copied some parts. a) Open price A difference is that Article 31 (1) (b) CESL requires only sufficient content and certainty for there to be a contract, while according to Article 14 (1) sent. 2 CISG an offer is sufficiently definite if ità ¢Ã¢â€š ¬Ã‚ ¦expressly or implicitly fixes or makes provision for determining the quantity and the price. There is no doubt that under the CESL an offer with an open price can be a valid offer.[31] Under the CISG this question was disputed. But since the parties can derogate from Article 14 CISG they can validly conclude a contract even if the offer leaves the price open. Then, according to Article 55 CISG, the market-price fills the gap.[32] Thus, despite differences in formulation both regulations here accord in substance.[33] b) Incorporation of standard contract terms Standard contract terms are without a doubt an important part of international sale contracts. However, the standard contract terms are not regulated in the CISG. In the past 25 years courts and scientists developed basic rules in regard to standard contract terms considering the fundamental principles of the CISG.[34] The CESL does include rules regarding standard contract terms.[35] The CESL copied the solution the German supreme court established.[36] Article 70 of the CESL states: Contract terms supplied by one party and not individually negotiated within the meaning of Article 7 may be invoked against the other party only if the other party was aware of them, or if the party supplying them took reasonable steps to draw the other partys attention to them, before or when the contract was concluded.[37] The CESL does however not include regulations regarding the meaning of reasonable steps in a B2B relation. Neither does the CESL include rules about the language in standard contract terms between businesses, since Article 82 CESL does only apply to B2C contracts. A further uncertainty in the CESL is Article 86: In a contract between traders, a contract term is unfair for the purposes of this Section only if: (a) it forms part of not individually negotiated terms within the meaning of Article 7; and (b) it is of such a nature that its use grossly deviates from good commercial practice, contrary to good faith and fair dealing.[38] The terms good commercial practice, good faith and fair dealing are not defined in the CESL. Providing a well-established meaning towards those terms would take years of court ruling and scientific research. The implementation of rules regarding standard contract terms in the CESL is a step in the right direction. The usage of standard contract terms is common throughout international sales. Easy and well-established rules are essential for a healthy trade environment and the acceptance of the rules. There are however too many weaknesses and uncertainties in the rules of the CESL to identify them as an improvement compared to the practice established in the CISG. Especially in B2B transactions, there are too many undefined words and phrases to make it a reliable set of rules for businesses to use. c) Defects of consent As indicated above, the Vienna Sales Convention contains rules on the formation of international commercial sales contracts. However, Article 4 CISG expressly provides that the Convention is not concerned with the validity of the contract or with the effect which the contract may have on the property in the goods sold. These matters have therefore been left to the applicable national law to regulate. However, Article 4 CISG adds that this is different in so far as is otherwise expressly provided in this Convention. The question of whether a topic has or has not been included explicitly or impliedly within the scope of CISG is, however, difficult to answer in practice and has been the subject of much litigation the prevailing view is that this must be assessed on the basis of CISG itself, and it is assumed that a topic that is not expressly regulated in CISG may nevertheless be governed by the Convention on the basis of the general principles of the Convention.[39] Defects of consent concern the validity of the contract and will therefore not be governed by CISG, unless specified otherwise. Is this indeed the case? It is generally assumed that in so far as a mistake or misrepresentation relates to the characteristics of the goods, to the creditworthiness of the buyer or the extent to which the buyer is capable of performing his obligations under the contract, these matters fall within the scope of the provisions on the conformity of the goods (Articles 35 ff CISG) and the provision regarding anticipatory breach (Article 71 CISG), which implies that resorting to the applicable national law on these matters is not necessary. [40] In that case, the uniformity that CISG is to bring about obstructs the application of a national approach towards mistake or misrepresentation in cases which concern conformity.[41] This implies that in most cases where a buyer could rely on a remedy based on mistake or misrepresentation in relation to the sale of goods under national co ntract law, he cannot rely on that remedy if CISG applies to the contract although CISG does not explicitly deal with these issues, they impliedly fall within the scope of CISG. Cases where the buyer concluded the contract under the influence of fraud or deceit is thought not to be governed by CISG,[42] even though in these cases also there is often a close connection with conformity issues. Therefore, national rules on fraud apply where a mistake has been deliberately caused by the seller so that in such cases the contract may be void or avoided. Similarly, CISG does not deal with issues such as threat, abuse of circumstances, which means that the buyer may rely on the remedies available under the applicable national contract law for these defects of consent, even where CISG applies.[43] The Common European Sales Law contains a comprehensive set of provisions on a fundamental mistake, fraud, threat and unfair exploitation (Articles 48-51 CESL). In the subsequent articles, the exercising of the power to avoid or confirm the contract and the consequences thereof are regulated (Articles 52-55 CESL). These provisions by and large overlap with national approache s in these areas, even if the requirements under CESL to invoke a remedy for, for instance, unfair exploitation may be stricter than national doctrines on abuse of circumstances. This entails that in so far as CESL applies to the contract, defects of consent are exclusively dealt with under the umbrella of CESL, and no recourse is needed or possible to the national contract law on this subject. This means that the parties to the contract will not be taken by surprise by the availability of a remedy for a defect of consent or the absence of such a remedy under the national contract law on this subject. In this respect, opting for CESL rather than CISG is certainly more attractive for both parties, as the former lays down a more comprehensive legal regime [1] http://www.uncitral.org/uncitral/en/uncitral_texts/sale_goods/1980CISG.htm; The signing Nations were Argentina, China, Egypt, France, Hungary, Italy, Lesotho, Syria, the United States, Yugoslavia, and Zambia. [2] http://www.uncitral.org/uncitral/en/uncitral_texts/sale_goods/1980CISG.htm for a complete list of all member states. [3] http://www.uncitral.org/uncitral/en/uncitral_texts/sale_goods/1980CISG.html [4] Von Bar: Priciples, Definitions and Model Rules of European Private Law, Draft Common Frame of Reference (DCFR) [5] Art. 2 lit a CISG. [6] U Magnus, CISG and CESL, p. 226. [7] Art. 1 Proposal; see also Explanatory Memorandum to the CESL, COM (2011) 635 final, p. 4. [8] Recital 25, Proposal for a Common European Sales Law. [9] Art. 7, Proposal for a Common European Sales Law. [10] Art. 13 lit. b, Proposal for a Common European Sales Law. [11] Art. 6 CISG. [12] Art. 3 Proposal for a Common European Sales Law. [13] U Magnus, CISG and CESL, p. 229. [14] Art. 6 CISG. [15] Art. 12 CISG [16] Art. 89-101 CISG, with the re-exception of Art. 100 CISG. [17] Art. 7 (1) CISG [18] Art. 8 (3) Proposal for a Common European Sales Law, this is at least true for B2C transactions. [19] Recital 24 Proposal for a Common European Sales Law. [20] Recital 30 Proposal for a Common European Sales Law. [21] U Magnus, CISG and CESL, p. 238. [22] Art. 11 Proposal for a Common European Sales Law. [23] Recital 27 Proposal for a Common European Sales Law. [24] Grundmann S, Common Market Law Review, Session 50 (2013), pp 237-240. [25] Art. 35 (1) CISG [26] Art. 35 (2) CISG [27] Art. 99,100 Proposal for a Common European Sales Law. [28] Feltkamp/Vanbossele, European Review of Private Law, Volume 19 (2011), p. 886. [29] Art. 100 (b) Proposal for a Common European Sales Law. [30] Art. 38, 39, 43 CISG; Art. 121, 122 Proposal for a Common European Sales Law. [31] Art. 18 (1) sent. 2 CISG and Art. 34 (2) CESL or Art. 19 (3) CISG and Art. 38 (2) CESL [32] LG Neubrandenburg 3 August 2005, CISG-online Nr. 1190 [33] U Magnus, CISG and CESL, p. 243. [34] Schwenzer, Inrto to Arts 14-24 CISG; Art 14 CISG [35] Art. 70 Proposal for a Common European Sales Law. [36] Mazeaud, Unfiar Terms in Contr