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baburaja97-blog · 7 years

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New Post has been published on Vin Zite

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Planes, Trains, and Automobiles: Vacation Travel Made Easy Using the Internet

Automobiles, way of Luxury

As you probably know, the Internet is a highly valuable research tool. However, many travelers do not consider using the Internet to book their next vacation, and thus often miss out on time savings not to mention truly great bargains.

In this article, we’ll take a look at how the Internet can help you to plan and book the perfect vacation.

If you haven’t already figured out exactly where you want to go, you might want to visit Yahoo! Travel. This excellent resource provides information about popular destinations based on category, for example, ‘Best Beaches’, ‘Top Romantic Getaways’ or ‘Top Singles Destinations’. Yahoo! Travel also features a list of the most popular vacation destinations along with things to do and see for each one.

If you are looking for a vacation tailored to your own personal interests, you should spend some time consulting the Yahoo! Travel Interest Guides. The top destinations are selected for each interest, so choosing a vacation that is perfectly suited to your interests should be a fast and simple task.

Once you have selected a destination then it’s time to start planning how to get there!

Locate and book the best value travel

Whether you decide to go by plane, train or automobile, finding cost effective travel is the first step to planning a great trip. Many Internet resources allow you to search multiple travel providers and directly compare services and prices.

Traveling by car

If you plan to travel by car, then the first step should be a visit to MapQuest for directions. This valuable website will allow to you obtain detailed driving directions to your destination, including total distance and estimated driving time.

If you intend to rent a car make sure you compare prices at different auto rental sites. For example, Car Rental Express provides an excellent resource that compares rental prices from multiple major auto rental companies. Many sites will allow you to directly compare rental prices from most of the leading auto rental companies. Make sure that you spend some time examining the different company regulations governing auto rental that often differ from state to state (minimum driver age, area restrictions, etc…).

When possible, taking your own car can save you a fair amount of money. However, it’s extremely important to ensure your vehicle is ready for a long distance trip. Having your car break down during your trip is not fun, especially if you are looking to experience the perfect vacation!

Traveling by plane

Traveling by car is great for shorter distances; however traveling by plane will allow you to reach your destination much faster. Nowadays, there is so much online competition for short, inland flights that you can most often find some outstanding prices, especially if you book a little in advance. In addition, most of the major airlines offer special ‘Internet Only’ deals and rates.

If your travel arrangements are flexible, then Priceline.com offers some extraordinary bargains. Basically, you simply specify the maximum amount you are willing to pay for a particular flight, and if the amount is accepted by the airline your flight is immediately booked. This is a great system that can provide you with huge savings…that would be totally impossible if it wasn’t for the Internet!

Traveling by train

Although often overlooked, traveling by train can be a highly cost-effective and convenient method of travel. You can quickly and easily research the various choices to your chosen destination by going to Amtrak. Check out the ‘Hot Deals’ section on the Amtrak website for some great Internet offers.

Or for a one of a kind travel experience, you may want to consider taking a scenic route on a luxury train. Many luxury train travel packages offer meals and accommodation on the way to your final destination. Check out the links below to find out more information about luxury train travel.

Going on a cruise

Cruise trips can offer an exciting alternative to conventional vacations. After unpacking your belongings, you can relax while the ship takes you from destination to destination. There is typically a wide variety of nightlife; entertainment and activities to keep you busy and most major cruise ships offer a broad range of cuisine to appeal to most culinary preferences. Cruises typically offer low amounts of hassle – simply book your ticket, board the boat and get ready to relax.

Additionally, many cruises are all inclusive – the price of your ticket includes meals and activities.

If you are interested in going on a cruise start at VacationsToGo.com. This is a useful resource for locating last minute and bargain cruises. For many people, a cruise can be the perfect vacation!

Find the perfect accommodation

Locating the ideal vacation accommodation is perhaps the most important part of planning the perfect vacation. Multiple options will most likely be available depending on where you plan to visit.

If you were planning to visit within striking distance of a town or city and for a short period of time, then a hotel or condo would be the most appropriate choice.

Otherwise, a rental home, villa or townhouse can offer a high level of comfort and convenience. The great advantage of this type of accommodation is the kitchen/laundry facilities that can help save money, especially if you are vacationing for a week or more.

If you want great value without having to make your own reservations and travel arrangements then a complete vacation package can offer great savings and convenience. A package typically includes flights, hotel rooms, rental cars and can also include meals and tickets for popular activities.

Although often overlooked, home exchanges can offer a great value for money vacation, with the added bonus of having someone looking after your home while you are away! Often cars are also exchanged as part of the process.

Before finalizing your reservation, it’s a good idea to check out reader reviews of your chosen accommodation This is a highly valuable resource in determining suitability and comfort and allows you to help avoid any hidden problems.

When you are ready to choose, browse through some of the accommodation links below and compare prices. If you are planning to stay in a hotel, make sure that you check the website to ensure that they have all the amenities you require (fitness center, internet access, restaurant, etc…). Lastly, don’t forget to book early as hotels/homes often become booked rapidly.

Find out what to do and where to go…before you get there!

Hopefully by now you have planned your travel arrangements and booked a great place to stay, however, there is still one important factor to consider…

Finding out as much as you as possible about your chosen destination before you get there will help ensure that you are able to have fun upon arrival. By pre-selecting some activities to do or places to visit, you’ll be able to save time and enjoy your vacation immediately, even if you are among those travelers who prefer to just relax and explore your destination once you get there.

A great starting point for learning more about your destination is This database consists of links to the official websites of most major towns in the United States. Most of the official town websites contain sections for tourists, including things to see and do, places to visit, where to eat, etc…

The SLGN Directory (www.statelocalgov.net) is the easiest method for locating official tourist information corresponding to your chosen destination. Simply select the appropriate state to gain access to a list of official town/city guides and state directories.

You should also explore the World Travel Guide website which provides a plethora of data for thousands of worldwide destinations. Attractions, airports, tours, images and brochures are covered along with many other useful travel resources. The World Travel Guide is an excellent tool for helping to plan the perfect vacation.

Although less tourist-oriented still remains a valuable resource for researching information about your chosen town or city.

As previously mentioned is also a highly useful resource for learning about a destination through submitted user reviews, articles, and comments. Spend some time browsing the site and you will be able to find out exactly what other people who visited the area enjoyed.

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baburaja97-blog · 7 years

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New Post has been published on Vin Zite

New Post has been published on https://vinzite.com/automobiles-filling-up-junk-yards-and-landfills/

Automobiles Filling Up Junk Yards and Landfills

We see run-out, decaying, junky cars in front yards, in fields, tow yards, auto auctions back yards, junkyards and dump areas set aside for this purpose. Hawaii, the Big Island we saw areas where the cars were just piled up. Well on an island it is a big problem because as the population expands so do the cars and if people buy new cars what about all the old ones? Well, they just pile up and then what do you do? It costs money to ship cars off the island, so you trade in your old car and let the dealership deal with it, but he doesn’t want it either.

We have seen in front yards of mobile homes years of junked cars rusting away in GA, AL, LA, MS, SC. We are talking total junk, not just undrivable but neighborhood rodents and varmints living in them. I can remember as a kid the local cities would have junk days where they would go tot he canyons and hit the streets to pick up abandoned vehicles and take them to a metal recycler or crusher. CA had a CRV-California Redemption value so you could get money for the metal in aluminum cans, old cars or plastic containers. Each year in this country vehicles are recycled, crushed, sent to the middle east in containers and of course recently in the last six years we have had a big push to donate to a church or synagogue or non-profit. Good idea, I can remember making money for one non-profit group allowing people to smash a baseball bat for $1.00 per hit, with a guaranteed uncorked bat. But suspension if you hit the safety glass. Later when OSHA standards came out as Senior Class President of the HS we started wearing goggles when we allowed the people to smash the car. Then a friend whose dad owned a tow company took it to Pick-Your-Part Junk Yard in the Valley, today totally wired with every make and model and part listed on the Internet and most hard to find stuff on eBay and all the junk yards are all interconnected on a trunk repeater Motorola Radio System. The junkyard business has really progressed over the years.

America has a love for the automobile and many of the old cars are fixed up. About a decade ago you may recall a program where oil companies in some states could buy old cars and get them off the streets and trade for pollution credits, of which El Paso and Enron both enjoyed trading. Enron traded everything from Lumber futures and pollution to energy and just about anything consumable that the Boys in Chicago had not yet created the market for. If it is not bolted to the floor and contracts were drawn for future use, you can bet it was on the potential list to be traded. Bandwidth, oil pipeline capacity, water you name it. Commoditizing the world has advantages and this is one way to control the junk and costs associated. This has always been a free enterprise theme to reduce pollution here in the US.

In the European Union, 7.3 million cars per year are ELV’ed or ELV Treated, although there are 11 million total sent to the graveyard, furnace, junk yard or recycle crushers, but first plastics and other items are taken apart. In the US we just crush the crap out of them and deal with the entire pancake. Let’s face it this is a good start. Problem is that each Country in the EU has different guidelines, these countries can never make up their mind. For instance the debt borrowing of the Euro in Germany and France and the rest of the countries having to pay later for the hamburger today.

In the US we have the United States, although often act like the United Countries although we are not much better as in almost every industry we have a different set of laws. Even smaller states with little population bases have conflicting laws, states such as VT, ID, WY, MT, NM, NH, RI, WV, IA, NE, ND, SD. States like CA, OR, WA, MA act like socialist countries and obvious are paying for it now. Beware the socialists in their goal to make all things equal, they can ruin anything, ask Plato. The problem being making non-linear decisions for the best of the country is nearly impossible, for us to come to terms of our leadership role in the Americas we have a lot to be desired on many a front.

We can do better than this, but we fight over the means, why? There can be no excuse. No wonder we cannot come up with solutions to issues like the junked vehicles, which leak all kinds of things when they rot in fields and bleed iron oxides, heavy metals asbestos, and oil, fuel (turns to varnish), brake fluids, radiator fluids and obviously leach into the ground water pf the local farm and cause all kinds of cancers and problems with kidneys. There are issues. But also we see old farm implements and other equipment junked out back. You can see this on every back highway in America and every small town serviced or within 100 miles of a Wal-Mart. In other words everywhere in every small town. Starting in January of 2007 all European Cars sold will be the responsibility of the manufacturer no matter how long the vehicle is in service.

If a new Ford Minivan is in a crash after only 2 months on the road it will be Ford’s responsibility. If it is on the road for 40 years and then junked it will be Ford’s problem. Sounds a bit of a problem to me like our underfunded pensions in this country of which the Big three are probably a good example of a serious problem with blue chip companies. Scary thought. You see as countries become more socialist the consumer will not be responsible for anything.

Right now 75% of vehicles in the EU are ELV’ed they wish to increase this to 85% by 2006 a noble cause. 95% by 2015. But we know this is absolutely the wrong way to do this after all the State of CA set and dictated a timeline for electric vehicles and that did not work, today in the Business News GM announced it was completely cutting the plug on all electric vehicles for the newer technology of Fuel Cell. And pursuing the Fuel Cell development project with UPD. Meanwhile, with all the EPA deadlines unmet and all the passed costs to businesses by light, Medium and Heavy duty truck manufacturers, FedEx’s Fred Smith put out a challenge that he wanted 50% more fuel efficient units with 90% fewer emissions. Apparently, these do-gooders do not understand entrepreneurship otherwise, they would be solving the world’s problems by creating not accusing.

Renault adopted a plan on their own called LEM-Life-Cycle Management and found 13 key vendors to achieve this, a much better and well-organized plan this was back in 1999. They made all components recyclable, well 90% including the plastics and other materials for their top selling cars; Laguna II, Mid Size Panel Vans (you have seen them in cops and robber movies in France chasing James Bond), Clio II and the Val Satis. Excellent achievement for the French Car Company. Similar to the 90% of their recycled story about the Oil for Arms Program with Iraq. Did I say Arms, no no FOOD, we Food, yes food, silly me. Other ideas of the ELV program is to use easy to disassemble parts, like what Dell is doing with computer trade-ins, yes Michael is always leading edge, he deserves an award.

You see when you take apart computers especially old ones they have gold plated components on the circuit boards and connections. Dell only charges $15.00 to recycle and they get at least $8-22 in gold out of each one. Once apart they can be 67% recycled. The EU wants certain things to no longer be used in the manufacturing of cars, such as mercury, hexavalent chromium, cadium and lead. Most US Manufacturers have already done this completely and the rest will soon be completed. Smaller companies such as MG Rover which use to produce millions of cars now only sells 200,000 per year in the UK, the UK likes the idea and are up with the compliance anyway seeing as they agree since they are on an island. But you can always drive the cars to Europe in the Chunnel and they do not want the reciprocate, the UK says we are not a junk yard.

[http://europa.au.int/comm./environment/waste/endvehic.htm]

The UK has it’s own plan called: ACORD-Automotive Consortium on Recycling and Disposal. They are proposing a cash incentive for turning in a vehicle, the Economist and the Futurists have both had articles on this thought and it is similar to the Oil Companies paying to get off the road those cars which would not run on Unleaded fuels and needed the lead additive. People were paid to dispose, in this case though people are paid to dispose properly and the UK would let the manufacturers off the hook and let the owner be responsible after all they own the car and there is no telling how many owners a car in Europe may have had during its life before it became an end of life vehicle like Logan in Logan’s Run and had to be renewed.

The UK’s Motor Vehicle Dismantlers Association agreed that the owner would be given the $75.00 equivalent in pounds as an incentive. Probably also would need to be based on inflation and the CPI-Consumer Price Index you know the Brits in their need to be exact, they are all wannabe economists. Failure to properly dispose and renew registration on the vehicle would mean that the fine penalty would be issued to their drivers license, they are more connected there. But the problem is inconsistencies for instance Greece had no shredding sites, while Germany has 42, Italy 16, France 42 and in the UK 37 total. Problem too is that those cars from others countries in Europe would not be able to take their cars to the UK, they only want to dispose of their own cars, not everyone else’s. Obviously they do not want to pay the $75.00 for every citizen in Europe who want their car melted and shredded.

In Austria which makes no cars, they want to be paid and have the other countries to come pick up the damn cars, Germany says we can do this since they will levy, guess what another TAX or they call it a LEVY of $100.00, but that levy is dry and Austria is saying that will be the day when I die, meaning Yah Right? Like you guys in Germany are so far in debt you will steal the money from Peter to pay Paul and we will never see a dime of that and we know it. Germany of course loves the upfront money. Ever since Hitler’s economic policy of collecting goods in trade up front and holding payments against those goods until they strung out vendors (countries) like Sears and then owned you. No one is fooling the Austrians and they could care less because they do not make cars anyway, figuring it is everyone elses problem so come get your cars and forget about us building any shredder plants in our beautiful country.

France and Spain are taking the approach that the manufacturer should pay the difference between the scrap that is collected value and the cost to scrap it. Good idea, but what about mergers of car companies or those succumbing to the economic pressure of the low dollar today against the Euro. What about those who will not be here in 2015 when these cars are junked, who pays for that? Like all these manufacturers are going to be here tomorrow? And in a merger is the new company responsible? Lots of questions, the UK is still talking with industry and the cars well they keep piling up, in the United States we have more room, but many of these old automobiles have other issues and materials of yester year, just like the old aircraft in the desert are slowly decaying and aluminum in the water may cause the immune system to attack the brain such in Alzheimer’s. Still not proven yet.

Another issue is if the Germans collect upfront and a premature incident such as the Floods in Prague where cars were junked early the junkyards would sell the engines and other components. But also in accidents, theft recovery vehicles already paid on, small car fires, or terrorist’s being killed and bullet holes these vehicles are not sellable but parts can be taken off, why should the manufacturer have to pay, shouldn’t they get a refund? But Germany cannot pay everyone not to work and still have money left. These vehicles have gearboxes, engines, body parts, which may still be sellable.

In the US the Argonne National Laboratories have been studying

ASR-Auto Shredding Residue

About 10 million vehicles are scrapped in us each year. Now, remember the net gain of 7 million is the traffic you see. You see the 10 million vehicles crushed or shredded in the US each year contains about a million tons of polyurethane Foam and about 1,500,000,000 pounds of thermoplastics, which is trucked to the landfill or incinerated. We need to look at the options for ELV as the US has to come to grips with the problem as junked cars increase.

By recycling the ASR-Automotive Shredder Residue as per Argonne’s tested model, a reduction of 75% of the waste can stop on the way to the landfill. In the US we have discovered this can be resold to make other products, both in automotive and other fields. This is done by a two stage trummel, it is like a rotating screen, same principle as fishing for gold in Auburn, CA gold country. Or the Rock Crusher sifters in Sunlight goldmine in Butte, MT. The sifter splits up the debris into three parts, similar to the quarters, tokens and dimes sent into the coin-op car wash for processing into rolls for the bank and recycling of tokens back to the machine. In this process the University of Chicago was able to build the machine able to take out the dirty foam, oxides of less than 6 mm, like rust chips and also the glass chips, dirt. Also taken out of the ELV junk cars would be sand granulars, other metals and plastics. Smaller holes allow these materials to filter and the foam rises and is left. It is merely dumped over the side and collected in a huge bin and trucked away. Very efficiently however recovering nearly completely debris free dirty foam larger and lighter foam chips. Like the water, which weighs more than the gold.

Foam and we have studied it on this board previously, go ahead an look it up after you are completed with this topic. the Foam is then washed, rinsed, dried and then of course re-used. Foam when missed with chemical is easily dissolved and then the chemical precipitated out and the foam is reblown with gas and made into the next substance and preferable shape. Foam being 5% liquid and 95% gas until it hardens is cheap to make, but having the substance the 5% for free is also cool. The only issues are the same involved in bulky cardboard recycling and the economies of scale and mass production depend a lot on transportation issues, trains and trucks cost money to run and the stuff is bulky for it’s value. If the substance can be removed onsite it is much more feasible and the foam turned to liquid is reduced from 100 volume to 5% volume and now in liquid form and can easily be transported by CSX tanker car anywhere you want it and then shipped anywhere in the world in bulk. This is very cool.

Plastics can be easily separated by froth flotation and precipitates and therefore can be recycled cheaply, the Industries dealing with Mineral Separation use this method as well. The ABS-Acrorylontitrile-buta-diene-stryrene is abstracted by a difference in density to the high-impact polystyrenes, which sinks faster. So you can separate the two types of plastic with 95 plus percentage accuracy. The recovered ABS can be used for a multitude of things in another automobile. There are a few issues also with the thin galvanized steel used to keep cars light which is used in modern cars, it is zinc coated and when your melt it, it gives off toxic clouds of dust.

The best idea is to strip the zinc before the process and there is a way to do this by using sodium hydroxide and electrolysis at room temperatures. To remove the zinc from solution use a centrifuge.

The Argonne is going to sell this entire process to Belgium, and the other EU countries are saying that for every 35 ELV cars just one engine can be sold, nearly 95% of all ELVs have negative value, yet the Argonne solution solves those issues. One issue with the recycling of steel is much is contaminated with copper, this could cause failure in steel frames on cars and especially with grain memory methods of manufacturing where the steel is trained to stay straight such as in steering rods, axles, truck frames, bridge components, buildings etc. if bent the steel returns to it’s intended design shape without worries of fatigue from torsion or other forces. The Japanese would by it after all they claim their stainless is the same, but when 5% nickel is really used it does not rust like the Japanese steel, no wonder we are upset with their imported steel. Even with 505 stainless for underground tanks if we use the Japanese stuff our tanks will corrode much faster leaving us with significant damage to environment and drinking well water and underground aquifer contamination although that was never discussed in the Kyoto treaty either.

You can recover about 50 lbs of zinc from a ton of steel and yes zinc has a value such as undercoatings of bridges, use in pigments or marine or aircraft corrosion prevention. Plastics recovered is about half the cost of producing plastics from corn due to corn prices, with other plastics, eating and ethanol. Also in drought years, plastics cost more due to oil companies getting more as less corn is produced for taco shells, Kellogg’s corn flakes, and Tony the tiger. In all seriousness, though this is correct along with the artificial manipulation of the commodity markets as margining players, market movers, farmers hedging their bet against the crop production and speculators let it all hang out. One issue still remains, window tint, laminated glass, antenna, and heating element materials often embedded in the windshields, windscreens and rear windows.

In the EU there are also the same issues we have here, those old five-gallon flush toilets, refrigerators, washers and dryers, all an issue. I cannot tell you a number of toilets traded in drought areas and the non-energy efficient refrigerators traded in, in nearly every city in America and this has helped America become more energy efficient, but the mountains of debris are unbelievable. Think about it.

Netherlands and Sweden have had auto disposal plans in affect for quite a while. I hope you learned something from this because as used car prices fall and cars are worthless, there will be more scraped. As we sell more cars and newer more efficient vehicles there will be more scraped, as fuel cells come into play and we work out the bugs of technology problems we will see all those cars on the road end up scrapped. We need to have a plan and we are well on our way in the states, we can work better since we are in the same country and all on the same team, as long as the other states follow the BMP that fits the needs of the American People and do not try ot build some special program to pay off their over spending as their tax base dwindles from cutting off the hand of the businesses that fed them all these years.

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baburaja97-blog · 7 years

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New Post has been published on https://vinzite.com/automobile-accident-litigation/

Automobile Accident Litigation

Introduction: The Police Report is against your client. Now what? Over the last sixteen years of practicing personal injury and automobile accident law, it has been our experience that the quality of traffic accident investigations has steadily declined, leaving many injured people further harmed by a poor or incomplete police report. The reasons are as follows: government budget issues, poor police officer training, and a lack of commitment to performing a complete accident investigation. Certain well-meaning police officers are just not qualified to investigate a complicated catastrophic car, truck or pedestrian injury or death case.

If the police report is against your client an insurance adjuster may not want to make a reasonable settlement offer. As a result, the case may be difficult to resolve in a positive way for an injured client. A lawsuit may need to be filed and depositions of the witnesses, drivers, and investigating police officers taken to rebut the police report’s conclusion. If the facts can be developed, it is the attorney’s job to show the insurance adjuster, a judge or jury that the police officer got it wrong.

As we unpack the issues involved in overturning the unfavorable police report we will be discussing the following topics:

A. What is a Traffic Collision Report? B. Who Has Standing to Obtain a Copy of the Traffic Collision Report? C. Is the Primary Reporting Officer’s Opinion Admissible at Trial? D. Are the Witness Statements Within a Police Report Admissible at Trial? E. Proving the Primary Reporting Officer’s Opinion Is Wrong.

A. What is a Traffic Collision Report?

The Traffic Collision Report or CHP 555 is the standard reporting tool for most all police officer traffic investigators in California. It is intended to satisfy the basic data requirement needs of all users of traffic collision information.

The box on page 2 of the CHP 555 identifies the Primary Collision Factor. Primary Collision factor is defined by the CHP as; “PRIMARY COLLISION FACTOR. Select the one element or driving action which in the officer’s opinion, best describes the primary or main cause of the collision. Whenever possible, this should be a Vehicle Code (VC) violation.”

The term Other Associated Factor is defined by the CHP as; “OTHER ASSOCIATED FACTORS(S). When a secondary violation has been determined to have contributed to the collision, write the VC section in the appropriate box.”

B. Who Has Standing to Obtain a Copy of the Traffic Collision Report?

Drivers involved in car accidents are required by statute to file reports with the California Highway Patrol or local police department, Vehicle Code section 20008. People with a “proper interest” can obtain copies of a police report, Vehicle Code section 20012.

The parties involved in the accident or any other persons having a “proper interest” may obtain copies of a police report. This includes persons involved in later accidents at the same location because the reports may disclose highway conditions causing or contributing to their own accident. See, California ex rel. Dept. of Transp. v. Sup.Ct. (Hall), 37 C3d at 855.

C. Is the Primary Reporting Officer’s Opinion Admissible at Trial?

There are two distinctions regarding admissibility. First is the admissibility of the report itself. The second issue is the admissibility of an officer’s ultimate opinion or conclusion. These are both separate and distinct evidentiary issues.

California Vehicle Code section 20013 states, “No such accident report shall be used as evidence in any trial, civil or criminal, arising out of an accident. The rule against admitting police reports into evidence is well established, Fernandez v. Di Salvo Appliance Co, 179 Cal App 2d 240; Summers v. Burdick 191 Cal App 2d 464 at 470. The policy behind Vehicle Code section 20013 is to protect against the danger of the jury giving more weight to the police report’s conclusion simply because of its “official” character. There is a danger that the “official” police report alone may be relied upon to determine the verdict. As a result, the contents of a traffic collision report should be excluded. Sherrell v. Kelso 116 Cal App 3d Supp 22 at 31.

However, a police officer witness disclosed in conformity with a California Evidence Code section 2034 demand, who also qualifies as an expert witness, with sufficient experience and training, may give an opinion on the factors involved in causing an accident. Hart v. Wilt 4 Cal App 3d 224. In Hart, a 13 year veteran of the California Highway Patrol, with extensive training and schooling in accident investigation was allowed to given an opinion on the proper speed gave the conditions. The case involved a vehicle which slid out of control while maneuvering a sharp curve on State Highway 32 going towards Chester. Before the officer gave his opinion on speed the trial judge admonished the Jury that it was up to them to make the final determination of a proper speed and also whether or not the CHP officer was qualified as an expert witness.

In the case of Kastner v. Los Angeles Metro. Transit Auth 63 Cal 2d 52, a police officer deemed qualified by reason of his special knowledge, training and experience were allowed to give an opinion on the point of impact between a bus and a pedestrian. The opinion was based almost entirely on a statement given to the officer by the defendant bus driver at the scene. The bus driver testified at trial identical to the statement given to the police officer at the scene. This removed any argument that the officer’s opinion was based on inadmissible hearsay. The Supreme Court in Kastner acknowledged that the trial judge must first determine whether or not the jury is aided by the expert opinion or if the question is within the common experience of an ordinary person, hence and expert’s opinion would not be necessary, see Kastner at page 57.

In summary, the hard copy of the police report itself stays out of evidence. However, if the foundation is present for an expert opinion from the police officer, the ultimate opinion in some form may find its way into evidence. But first the offering party must establish the subject of the opinion is sufficiently beyond common experience, the police officer has the appropriate qualifications, and the opinion is based on reliable evidence, see California Evidence Code sections 720 and 801.

D. Are the Witness Statements Within a Police Report Admissible at Trial?

Generally, police reports contain statements of the plaintiff, the defendant, and non-party percipient witnesses. Whether or not these statements are admissible depends on whether or not they are hearsay. California Evidence code section 1200 states, “Hearsay evidence” is evidence of a statement that was made other than by a witness while testifying at the hearing and that is offered to prove the truth of the matter stated.”

What is admissible? Most commonly statements in police reports made by the plaintiff or defendant will come into evidence via an established hearsay exception. Admissions from a plaintiff or defendant are the most commonly relied upon hearsay exceptions, Cal. Evidence Code Sections 1220-1227. Also, statements of a non-party percipient witness may come into evidence as impeachment if the witnesses’ statement at trial is shown to be inconsistent with a statement given to the police officer, California Evidence Code section 791.

E. Proving the Primary Reporting Officer’s Opinion Is Wrong.

They key establishing a factual showing that the police officer got it wrong is a complete investigation of the foundation of the officer’s opinion. For accidents in congested urban areas, it is common for an investigating officer to only speak to the one or two witnesses who are willing to wait around at the scene and talk to the officer. When a witness sees that other people have come forward to volunteer as witnesses, most people simply leave the scene thinking they are not needed.

Some witnesses that are actually spoken to by a police officer are only spoken to for a short period of time, in an abbreviated manner that leaves out critical details of how the witnesses’ attention was drawn to the accident, what they actually saw versus what they think may have happened. The typical police officer statement is a summary of what was said to the officer. An oral witness statement is noted by an officer in his notebook. These notes are then transferred into the typed up police report. The typical police officer procedure for taking and documenting witness statements is much less reliable than a taped audio recording of a witness. It is important to contact witnesses in the police report to determine the accuracy and foundation for the statements attributed to them by a police officer.

How do you find the witnesses who are not identified in the police report? The keys to finding additional witnesses are as follow: post signs in the surrounding area of the scene; return to the area and ask local store owners for the names of anyone they know may have see the event; look for surveillance videos that may have caught the collision itself on video; and secure the computer aided dispatch (CAD) printouts or audio recordings of the people calling in to report the accident via their cell phones. The CAD records will show the phone numbers for all of the people calling into the 911 dispatch system to report the accident. Many of these callers are good percipient witnesses whose names are not in the police report.

Any good accident investigation is not complete without a thorough accident reconstruction. In pedestrian injury cases a good time-distance analysis of what the driver should have seen, at what distance from the point of impact, over what time period may be revealing. With known or estimated driving speeds an expert may be able to back up a driver’s field of view (line of sight) and determine if the driver reasonably had enough time to stop prior to the point of impact. It is extremely rare for an investigating police officer to conduct a time distance/sight line analysis, to determine whether or not a reasonable driver should have avoided the collision. A complete accident reconstruction is expensive. Think about whether or not a complete accident reconstruction is feasible given the damages involved in the case.

Conclusion: When confronted with a police report that is against your client remember the following. A police report is just a summary of the facts taken in an abbreviated manner and collected over a short period of time. Often the report is incomplete, misleading and lacking in factual foundation. If you believe in the case; do not stand down just because the police report is against your client. Conduction your own investigation and make your own determination of the extent of any driver negligence.

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baburaja97-blog · 7 years

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Site Control For Automobile Dealerships in the 21st Century

An understanding of site control sometimes referred to as “point protection,” is important with respect to the dealer’s intended use for the property and becomes extremely important if a dealership proves not to be successful. [A “point” is a location where a manufacturer or distributor (hereinafter referred to jointly as “manufacturer” or “factory”) either has or wants a dealership.]

As explained below, there are many forms of site control. There is a distinction, however, between site control as it applies to non-dealership real property and site control regarding new car dealerships. Because of the many forms and because of the distinction with respect to car dealerships, it would be wrong to generalize that site control per se is either good or bad. Each case must be assessed individually.

A right of first refusal almost always chills a land owner’s ability to sell the real estate. The theory being that a prospective third party purchaser would not be as easily inclined to spend the time, money and energy required to compose an offer for real estate, knowing the tenant has the right to accept the offer and obtain the benefit of the third party’s research and bargaining when the option exercises his option.

In the case of a sale of an automobile dealership, that statement is rarely true.

BACKGROUND

While site control had been around for decades, the surge in real estate prices, in the 1970s and 1980s saw many metropolitan dealers selling their facilities for what seemed then to be astronomical sums. Properties that dealers purchased, or constructed for a few hundred thousand dollars in the 1940s, 50s and 60s were, by the late 1970s, selling for millions.

As real estate prices escalated, so did the cost of replacing the facilities and manufacturers were finding it difficult to obtain dealers to invest in many of those areas.

Consequently, by the mid-1980s site control began to appear for the first time in Sales and Service Agreements of the factories.

For a short time back in the 1980s, there was a conflict between dealers and Chrysler Realty Corporation (Realty) when Chrysler sold Realty to an independent, non-automotive company, ABKO.

The situation in the 1980s was an anomaly and since Chrysler repurchased Realty from ABKO, all of the factory realty companies have been owned by the factories, whose goal is to support their dealers.

In the mid-1980s, when a few factories began to include rights of the first refusal in their service and sales agreements, most people thought the restrictions would affect the sales price of dealerships and their facilities by chilling prospects and diminishing offers.

By the 1990s, every manufacturer’s sales and service agreement contained a right of first refusal and, by the turn of the century, no one thought anything about it.

By the year 2000, dealers discovered that the manufacturer’s right of first refusal had absolutely no effect on the sales price of dealerships or their facilities.

Over the course of the past 20-years, we have never seen or heard of a case where a dealership sold and the dealer received less blue sky because of site control, or the purchase price of the facility was discounted because of site control.

Even in the few instances that the factories have exercised their options, we never heard of an instance where there was a “discounted price” because of the right of first refusal.

Generally, the factory exercises it right and just hands the existing contract to a dealer of its choice and the new dealer pays a full commercial retail for the business and real estate.

Below is an example of the wording in Mercedes-Benz USA’s Sales and Service Agreement:

IX. TRANSFERS B. RIGHT OF FIRST REFUSAL OR OPTION TO PURCHASE

1. Rights Granted If a proposal to sell Dealer’s principal assets or transfer the majority ownership interest in Dealer is submitted by Dealer to MBUSA, or in the event of the death of the majority Owner of Dealer, MBUSA has a right of first refusal or option to purchase such assets or ownership interest, including any leasehold interest or reality. MBUSA’s exercise of its right or option under this Section IX.B supersedes Dealer’s right to transfer its interest in, or ownership of, the dealership. MBUSA’s right or option may be assigned by it to any third party and MBUSA hereby guarantees the full payment to Dealer of the purchase price by such assignee…. [Emphasis added.] …. 4. Option to Purchase In the event of the death of the majority Owner or if Dealer submits a proposal which MBUSA determines is not bona fide or in good faith, MBUSA has the option to purchase the principal assets of Dealer utilized in Dealership Operations, including real estate and leasehold interest, and to cancel this Agreement and the rights granted Dealer hereunder. The purchase price of the dealership assets will be determined by good faith negotiations between the parties. [Emphasis added.]

Below is an example of the wording in General Motors’ Sales and Service Agreement:

12.3 Right of First Refusal to Purchase 12.3.1 Creation and Coverage If Dealer submits a proposal for a change of ownership under Article 12.2, General Motors will have a right of first refusal to purchase the dealership assets or stock and such other rights proposed to be transferred regardless of whether the proposed buyer is qualified to be a dealer.

12.3.2 Purchase Price and Other Terns of Sale (a) Bona Fide Agreement If Dealer has entered into a bona fide written buy/sell agreement, the purchase price and other terms of sale will be those set forth in such agreement and any related documents, unless Dealer and General Motors agree to other terms…..

12.3.3 Consummation Dealer agrees to transfer the property by Warranty Deed, where possible, conveying marketable title free and clear of liens and encumbrances. The Warranty Deed will be in proper form for recording and Dealer will deliver complete possession of the property when the Deed is delivered. A dealer will also furnish copies of any easements, licenses or other documents affecting the property and assign any permits or licenses necessary for the conduct of Dealership Operations.

A number of factories even provide in their Sales and Service Agreements for reimbursement to the prospective purchaser if the factory exercised its option. The following examples are from the Mercedes and Ford Sales and Service Agreements:

Mercedes-Benz USA’s Sales and Service Agreement

IX. B. 3. The right of First Refusal. If, as a result of MBUSA’s exercise of its right of first refusal, Dealer is contractually obligated to reimburse the initial buyer for reasonable attorney’s fees, broker’s fees, title searches, property inspections, and other similar costs and fees that the buyer incurred in connection with the buy/sell agreement, MBUSA shall reimburse Dealer for such costs and fees in an amount up to but not exceeding Fifty Thousand Dollars ($50,000.00). The dealer shall provide MBUSA with all documents substantiating such costs and fees as MBUSA may reasonably request.

Ford Motor Company’s Sales and Service Agreement

24. (b) Company Right of First Refusal to Purchase. (6) The Company agrees to pay the reasonable expenses, including attorney’s fees which do not exceed the usual, customary, and reasonable fees charged for similar work done for other clients, incurred by the proposed new owners and transferee prior to the Company’s exercise of its Right of First Refusal in negotiating and implementing the contract for the proposed sale or transfer of the Dealer or Dealer’s assets.

DEFINITION OF AUTOMOTIVE SITE CONTROL

Site control is when a dealer grants to a manufacturer, its real estate company, or its finance company the right to decide the use of a dealership’s real property.

In general, site control means that for the duration of the agreement, a dealer’s interest in the dealership facilities and real property may never be sold, leased, assigned, or encumbered in any manner, without the written consent of the factory, or its representative, which consent must be obtained in order before the real estate may be used for any purpose, other than as a new car dealership, for the particular manufacturer which has the control.

Usually, the site control is not only for a specified period of time, but it may also for a specified rent, or brand vehicle, or any combination of those items.

There are both advantages and disadvantages to a facility being encumbered by site control.

Site control may affect the value of the dealership real property in several ways:

1. Loan Value. One could find it more difficult to get a 2nd mortgage if a property appreciates in value and the rent is fixed at a certain rate for a number of years.

The difficulty, if any, would depend upon a number of factors. For example, the strength of the business being operated on the property would play a large role, as would the willingness of the entity possessing the site control to agree to a change in the rent.

Conversely, site control could be a plus when financing a property. A dealer may be able to qualify for a loan that would otherwise be impossible to obtain without site control. See Beaudry Motor Company v ABKO; Chrysler Corporation and Chrysler Realty Corporation, 780 F.2d 751, 4 Fed.R.Serv.3d 142 (1986), where a dealer could not qualify for a loan without the benefit of site control.

2. Lease value. If the dealer terminates or is terminated, usually the factory has a right to lease the facility for a specified term and at a specified rent. In the 1980s there were a couple of instances where insolvent dealers received offers from competing factories to purchase the dealership facility. Had either dealer given the factory site control, the offers could not have been entertained as the facilities were in desirable locations and General Motors would probably not have consented to have their facilities become dealerships for a competing brand. The mere fact such offers could be entertained, raised the value of the real property because it brought in competitive bids, from strong buyers.

On the other hand, if a dealer fails in his business, the factory can (a) continue to lease the property from him, thus building equity for the former dealer; (b) return the site control to the dealer for him to do what he wants with the property; or (c) purchase the property from the dealer. In many instances, in a cold real estate market (such as the early 1980s, the mid-1990s and the era after 2008), the factory is the only legitimate buyer for such a special use property. Through 2008, 2009 and 2010 there has been a glut of vacant dealerships throughout the United States.

3. Resale value. Again, back in the 1980s, there were instances where dealers had purchase offers for the dealership real property from non-automotive buyers, but they were precluded from accepting them because the factory had recorded point protection.

Today, however, many of the use limitations imposed by both public and private entities limit the use of dealership facilities to new car dealerships.

Use Limitations

Obviously, a single point dealer intending to deal with another manufacturer would require the prior written consent of the manufacturer possessing the right to site control. Additionally, a chain dealer (owner of several brand dealerships) would require the manufacturer’s consent before rearranging nameplates and facilities.

Two things that have substantially changed the effects of site control in the 21st Century, however, are:

(a) City government and Auto Mall Association attitudes. In 2010, if a property is being used for a new car dealership, it will probably stay a new car dealership. Many dealerships have moved to “auto malls” where both city zoning ordinances, auto mall association bylaws and CC&Rs (Covenants, Conditions, and Restrictions) prohibit the properties from being used as anything other than a car dealership, even if the factory does not have site control.

See, for example, the Elk Grove City Council Staff Report of August 26, 2009, prepared by Heather Ross, Senior Management Analyst, reporting that both the city and the auto mall association restrict the use of dealership property.

Locally, the Automall lots are zoned AC (Auto Commercial) and can only be used for “motor vehicle sales, leasing, repairing and servicing”. Other prospective uses would require a zone change…. The current restriction of uses is also specified in the Elk Grove Automall Design Guidelines, so a text amendment of that document would also be required. There may also be restrictive covenants governing the uses of the automobile properties that the property owners would have to address.

In some states, such as Texas and Colorado, sales tax from car sales goes mostly to the city in which the BUYER resides. In others, like California, however, the sales taxes go mostly to the city in which the car DEALERSHIP resides.

On June 6, 1978, California citizens passed “Proposition 13” which limited the amount of property tax cities could charge its citizens. The proposition was held constitutional by the United States Supreme Court in the case of Nordlinger v Hahn, 505 U.S. 1 (1992) and since the mid-1990s, California cities began feeling the economic pinch from Prop 13’s limitations on property taxes.

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baburaja97-blog · 7 years

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Buying and Selling Automobile Dealerships

Buying and Selling Automobile Dealerships – Duties Negotiating the Contract

Duties of and to Shareholders

The sale of control of a corporation at a premium is not in and of itself a breach of duty. A “premium” is that amount an investor is willing to pay to gain control of a corporation.

But, a sale of control under the following circumstances may be actionable:

1. The sale of control is in effect a disposition of control over a business asset which the corporation may not use to the corporation’s advantage. Example: if a majority shareholder sells his shares to a party that is paying a premium for control over certain transactions, but who otherwise would not pay a premium for the corporation itself.

2. The majority shareholder failed to disclose receipt of a premium when a purchaser attempted to acquire the minority’s share;

3. The majority shareholder failed to disclose favorable employment contracts, profit-sharing agreements and the like. 4. If the offer is to purchase all shares at the same price, but the majority first buy-out the minority at a lower price, without disclosing the higher offer the minority shareholder.

Although the law is still developing it appears the minority may be eliminated at a lower price, if there is a legitimate business purpose.

State case and statutory law are diverse on the question of minority shareholder rights. Given two identical fact situations, a sale by majority shareholder could, for example, give rise to a cause of action in California, while conforming to Delaware law. In sales involving several shareholders, the attorneys for each shareholder should research the question of “premiums”, with respect to both the state of incorporation and the state wherein the company’s principal place of business is located.

Duties to Other Purchasers

Probably the biggest case in this area was a Houston jury’s award of $7.53 billion in actual damages and $3 billion in punitive damages to Pennzoil Co. In 1984, Pennzoil was negotiating a takeover deal with Getty Oil Co., which Texaco eventually purchased for $10.2 billion. Pennzoil then sued Texaco for $14 billion, charging that Texaco coaxed Getty into jilting Penzoil takeover deal.

Intentional interference with contractual relations, intentional interference with prospective business advantages and related torts are “hot ticket items” and general and punitive damages are almost unlimited. This exposure provides another reason both buyer and seller should involve their attorneys to a greater extent than just having them review the Buy-Sell Agreement.

Opinions as to Performance

Sellers inevitably opine how well a dealership will do with additional capital or a new owner and the courts have generally supported the adage “No one can predict the future” and refused to recognize a cause of action based upon one party’s predictions, to the other regarding future events, performance, opinions, or intentions.

Statements such as “there are no bad franchises — only bad operators”; the store were “a gold mine”; or that the buyer would make more money than before have been held “purely opinion, puffing, or conjecture as to future events” and as a matter of law not actionable.

Automobile dealerships are anomalies in the field of buying and selling businesses because by the very nature of the business both parties must be amongst the most knowledgeable people in the field, as the seller has already been qualified by both the factory and a financial institution as having that special knowledge and extra skill necessary to be approved as a dealer; and the buyer by virtue of the fact that the buyer intends to purchase the dealership has represented that the possessions the knowledge and skill necessary to obtain factory and finance approval, or that someone on his team possesses the necessary qualifications.

In Denison State Bank v. Madeira the defendant purchased an automobile dealership and in addition to refusing to pay his loan, he cross-complained against the bank alleging the bank misrepresented and omitted material facts about the dealership when he purchased it. In reversing a jury verdict against the bank the appellate court stated the defendant was a knowledgeable car man and although he testified he trusted and relied upon the Bank to furnish him complete, honest information, he could not abandon all caution and responsibility for his own protection and unilaterally impose a fiduciary relationship on the bank without a conscious assumption of such duties by the bank. See too: Kruse v. Bank of America where the court stated the plaintiffs could not have reasonably expected what they said they expected from the bank’s promises and assurances.

But Beware: In Martens Chevrolet, Inc. the owner of the dealership was negotiating with the plaintiffs to sell his dealership and in response to plaintiff’s inquiries as to the profitability of the dealership the owner indicated that it was “mildly profitable” and offered produced a handwritten trend sheet prepared by his accountants supporting the statement and stating that the audited statements of the dealership’s operations were not complete or available.

After the purchase, the buyer learned that the dealership was operated at a loss as reflected in audited statements prepared prior to the negotiations and sale sued to allege breach of contract, deceit and negligent misrepresentation against the former owner. The Court assumed a duty existed between the former owner and the buyer and reaffirmed the tort of negligent misrepresentation against the dealer.

Special Rules for Accountants

There are three different tests employed by other courts to determine what, if any, duty an accountant has to a third party, in preparing a financial statement for his own client. These tests were:

1) The Traditional (Ultramarines) Approach holds that before a plaintiff could sue an accountant he had to have privity, or a relationship equivalent to privity. The Plaintiff must establish: (a) the accountants must have been aware that the financial reports were to be used for a particular purpose or purposes; (b) in the furtherance of which a known party or parties was intended to rely upon; and (c) there must have been some conduct on the part of the accountants linking to that party or parties, which evidences the accountants’ understanding of that party or parties’ reliance. See Ultramares v. Touche and Credit Alliance Corp v. Arthur Anderson and Co.

2) The Foreseeability Approach holds that an accountant is liable to a third party whose reliance on the accountant’s services was reasonably foreseeable to the accountant. Accordingly, an accountant who prepares an audit report is liable to a third party for negligent misrepresentation if it is reasonably foreseeable that such third party might obtain, and rely on, the audit report. This is an expansive view of accountant liability and even a number of the small group of states that adopted it, have retreated from it. New Jersey, for example, passed a more restrictive statute: N.J. Stat. Section 2A: 53A-25 (L. 1995, 2000).

3) The Restatement Approach adopted over half the states that hold an accountant is liable to the third party if he supplies information to a third party that is actually foreseen as a user of the information for a particular purpose. In other words, for liability to attach the plaintiff must be a member of a limited class to whom the accountant intends to supply the information, or to whom the accountant knows the recipient intends to supply it, and who suffers a loss through reliance on the information for substantially the same purposes as the bona fide client. For example, the accountant may be held liable to a third party lender if the accountant is informed by the client that the audit report would be used to obtain a loan, even if the specific lender remains unidentified or the client names one lender and then borrows from another.

Libel and Slander

Every jurisdiction has statutory definitions for libel and slander, the elements of which include a false and unprivileged publication by writing or orally, which has a tendency to injury a person with respect to his office, trade, or business. Included are statements impugning the competence of a dealer to manage the affairs of a dealership.

During the course of negotiations, a buyer sometimes becomes frustrated with a seller’s actions and expresses those frustrations by impugning the seller’s ability to operate a dealership. Such statements, while generally harmless, assume a magnified significance, when the purchaser is negotiating to acquire a financially troubled dealership. At best, under such circumstances, lenders are apprehensive; at worst, they are neurotic. Invariably, at some point during the negotiations, a purchaser will meet the seller’s lender and at that point in time — more than any other — the prospective purchaser must realize that he has the ability to damage the seller and must be disciplined enough to be discreet when commenting upon the seller’s status, or abilities, regardless of how determined a lender’s inquiries may appear.

Interference with a Contract or Prospective Contract

Whether or not a prospective buyer becomes the ultimate purchaser, the prospect has a duty not to intentionally or negligently interfere with a contract, or, in many states, a prospective business advantage, of the seller. Again, during the course of negotiations, there are occasions when a purchaser is tempted to say or do something in order to frighten a competitive bidder and preserve an exclusive business opportunity. Such actions are proscribed and when called upon to determine the legitimacy of the purchaser’s actions the courts will generally consider the following factors: (a) the conduct (b) the motive; (c) the interests of the other with which the actor’s conduct interferes; (d) the interests sought to be advanced by the actor: (e) the social interest in protecting the freedom of action of the actor and the contractual interests of the other; (f) the proximity or remoteness of the actor’s conduct to the interference, and (g) the relationship between the parties. See Second Restatement of Torts and Buckaloo v. Johnson.

Summation

The increased dollar value, of dealerships, combined with the higher level of sophistication of today’s automobile dealer, versus the automobile dealer of twenty years ago, has led to more dealers being willing to litigate when they have been damaged. Recently, that litigation has expanded from dealers suing manufacturers, to dealers suing dealers. If one had to predict the area in which litigation will expand, in the next ten years, one would have to include in that prediction the area surrounding buy-sell negotiations.

The courts have held, time and again, that hard bargaining is part of the American system [Sheehan v. Atlantic International Insurance Co., but they have also noted, that the notions of fair play and a sense of propriety are also a part of that system. [Rich Whillock, Inc. v. Ashton Development, Inc.] And, while many scholars agree that the most successful negotiations result in solutions where both parties, to one degree or another, win, the courts recognize that each party not only has a duty to protect their own interests and that of their shareholders [Cosoff v. Rodman (In re W.T. Grant Co.], but that people who do not affirmatively perform that duty [due diligence], have no cause of action against their opponents, because the opponents did not perform the duty for them. [See Dennison State Bank v. Madeira, 230 Kan. and Macon County Livestock Market, Inc. v. Kentucky State Bank, Inc.].

In summation, the negotiation table is a business table, at which, both parties are expected to be at their best with respect to preparation, presentation, and determination. If one party is lacking in one of the categories, it is not the responsibility of the other party to supplement the deficiency. To the contrary, the participants have a duty to themselves, their families and to their shareholders to obtain the best possible terms, without unjustly fettering the opposing party’s ability to respond.

John Pico is the managing partner of Advising Automobile Dealers LLC. Mr. Pico served as a court appointed “Consultant to Debtor” in bankruptcy cases, a “Court Appointed Mediator” in automotive disputes, the “Court Appointed Arbitrator / Appraiser” in partnership disputes, a “Court Approved Consultant to Receiver” in a check-kiting case, as a “Superior Court Mediator” in dealership/lender litigation and has been recognized as an expert witness on both State and Federal levels.

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Automobile Dealerships - Out of Trust - Keepers

The Necessity of a Keeper

When a lender feels its security is in jeopardy, it frequently places a keeper in the dealership. This action is usually precipitated by the lender losing its “comfort level” with the dealer.

While many dealers interpret the placing of a keeper in their dealership as a hostile action on the part of the lender, their reaction is based more on emotion than logic. The lending officer works for a corporation and the corporation is owned by shareholders. The officer has a duty to the company and to the shareholders to protect their security.

“The act of (a lender) in placing its representatives at the plant of its debtor reflected only the natural instincts, interest and solicitude of any other creditor then in its position, and (the lender) is not on that account alone to be penalized by being declared the principal.” Commercial Credit Co. v. L.A. Benson Co., Inc. 184 A. 236, at 240 (Md. 1936).

See too: Cosoff v. Rodman (In re W.T. Grant Co.), 699 F.2d 599 (2d Cir.) cert. denied, at 104 S.Ct. 89 (1983) where the court said the banks would have been derelict in their duty to their creditors and stockholders if they did not keep a careful watch on the debtor.

The lending officer did not wake up one morning and decide it would be a good idea to put a keeper in the dealership. In the typical case, the dealership had either been experiencing financial difficulties for a period of time, or a series of floor checks revealed the dealer had “sold and unpaid” vehicles of such an unusually high proportion of monthly sales, that the lender classified the vehicles as being sold out of trust. In either situation, a prudent lender must view the dealer from a different perspective.

No one can predict what a person will do under the continued pressure of serious financial difficulties. By the time a lender puts a keeper in a dealership, the burdens the dealer is shouldering have been growing for some time. The dealer usually does not fully comprehend the extent of the strain under which he or she has been functioning; but, when one faces numerous negotiations with creditors, endless days of chasing cash to make payroll and pay bills and does not have enough cash to purchase and keep a good trade, one’s judgment becomes clouded. An experienced lender knows that a normally rational person can do most anything when placed under a sufficient amount pressure, for a sufficient amount of time.

When the keeper appears, the dealer rather than being vengeful or hurt should realize the dealership needs professional help and seek it. There are many ways to continue operating a dealership with a keeper and to resolve the situation, re-capitalize the store, or sell the dealership at a fair price, vis-à-vis a fire sale.

In most instances, a keeper is placed in a dealership upon the mutual consent of the dealer and the finance company. At the meeting preceding such an action, it is wise for the parties to identify, agree to and understand the specific duties and corresponding actions, of the keeper.

The Keeper’s Affirmative Duties

Although the primary concern of the keeper lies in the care and custody of the floored vehicles, in most instances the lender also holds a security interest in all or part of the dealership’s assets. Consequently, the keeper will want to be and should be aware of the dealer’s attitude towards assets other than the floored vehicles and should report to the credit company any indication on the part of the dealer to dispose of any such assets.

The keeper, usually more than one person, will be at the dealership every business day from the time the first employee arrives, until the last employee leaves. The keeper should be responsible for:

(1) The condition, location and security of the pledged assets;

(2) Keeping the vehicles’: a. Ignition Keys b. Dealer License Plates c. MSOs and/or Invoices and other documentation required to transfer title.

(3) Being present when the mail is opened;

(4) Taking custody of the cash and checks;

(5) Taking custody of the unused check stock;

(6) Supervising preparation of the bank deposit and agreeing upon whom will make the deposit;

(7) The disposition of proceeds from contracts of sold vehicles, to be sure the money gets to the proper parties;

(8) Arranging for third party finance companies, which purchase the dealer’s contracts, to include the lender’s name on proceeds checks, or, in the alternative, to refuse to permit the dealer to contract a sale to other finance companies;

(9) Being responsible for protecting the vehicles after the dealership closes; if the vehicles cannot be blocked from exiting the facility, via a fence and “blockers”, a security guard should be hired;

(10) Establishing a means of maintaining a running, daily, or semi-daily, inventory control of unsold vehicles. Only one vehicle at a time, for which the lender has not received payment, should leave the dealership, whether of not that vehicle is floored;

(11) Being aware of the activities in the Parts Department and its employees.

Courts have approved of lenders controlling the release of the bank’s collateral, depositing all accounts receivable in a special banking account and requiring the counter-signature of the bank’s agent for all payments from the special account [Ford v. C.E. Wilson & Co. Inc., 120 F.2d 614 (2d Cir. 1942)], receiving regular reports on the accounts payable activity, receiving estimated weekly expense budgets [Edwards v. Northeastern Bank, 39 N.C. App. 261, 250 S.E. 2d 651 (1979)], proffering advice to the dealer, even coupled with a decision to withhold credit [In re Beverages International, Ltd., 50 Bank 273 (D. Mass 1985), requiring the debtor to hire a consultant acceptable to the bank in the management and sale of the company, requiring the debtor to implement a lockbox with respect to its receivables and requiring certain individuals to pledge their stock in the debtor, to the bank [In re. Technology for Energy Corp, 56 Bankr. 307 (E.D. Tenn. 1985).

Acts a Keeper Should Not Perform

If the workout plan ever deteriorates and/or the relationship becomes hostile between the lender and the dealer, or creditors or employees of the dealer, the keeper’s will come under the scrutiny of a court. In such a case, those actions could be the beginning of a basis of liability or exoneration for the lender. In order to best protect the lender, the keeper should be aware of the following:

(1) The lender has an affirmative duty not to unnecessarily, maliciously or promiscuously disclose the financial condition of its debtor and any unauthorized disclosure could be a basis for both compensatory and punitive damages. Rubenstein v. South Denver Nat’l Bank, Case No 86CA0840 (Colo. 1988);

(2) Participating in board meetings and exercising decision-making authority with respect to the day to day operations of the business could make the lender liable for all of the debts of the debtor. Lurgan, Liability of a Creditor in a Control Relationship With Its Debtor, 67 Marq. Law Review 523 (1984); See too: Restatement (Second) Agency, Section 14-0, Comment “a”;

(3) Evidence of personality conflicts with the borrower could support a bad faith claim against the debtor. K.M.C. v. Irving Trust Co., 757 F.2d 752 (6th Cir. 1985)

(4) Making threats which the lender is not prepared to carry out, may support a fraud action against the lender. State Nat’l Bank of El Paso v. Farah Manufacturing Co. 678 S.W.2d 661 (Tex. App. El Paso 1984).

(5) Misleading a lender who intends to refinance the debtor, as to the debtor’s financial condition may result in liability to the third party lender. General Motors Acceptance Corporation v Central National Bank of Mattoon, 773 F.2d 771 (7th Cir. 1985).

Note too: while a factory does not seem to owe a duty to protect a lender’s floor plan status, to inform the lender of the fact that the dealer is going to sell, there is a triable issue of fact as to whether or not the factory has a duty to disclose the foreseeability of the dealer going out of trust. Beneficial Commercial Corp. v. Murray Glick Datsun, Inc. 601 F.Supp. 770 S.D.N.Y. 1985).

Procedures for Handling Insurance and Service Contract Monies

Some lenders have experienced staffs, which understand the above issues and problems. In any case, the dealer should be aware of them and should open new trust accounts. The accounts should be opened at a separate bank, in order to avoid any misunderstandings. If the lender wishes to audit these new accounts, that is fair. If a lending officer threatens to penalize the dealer for protecting the customer’s money, he or she is being unreasonable and the dealer should ascend the chain of command until reason prevails. If reason does not prevail, the dealer has hard evidence of the lender creating an untenable position, which evidence may prove useful at a later date.

The handling of the premiums for life, accident and health insurance, and for service contracts, does not create a problem if a routine is established. Always, with respect to insurance premiums, and usually with service contracts, the sale is covered under a security agreement. The lender and dealer should agree that all “time sales” will be restricted to the lender unless a third party financing company agrees to put the lender’s name on the proceeds check, which usually does not happen.

When a time-sale is being arranged, advance approval of the lender is should be required. Subsequently, when the contract is offered to the lender for purchase, the lender should deduct the amount necessary to release the flooring. If the proceeds of the sale are insufficient to clear the flooring, the keeper should have already deposited the cash down payment, and/or have taken possession of the title to the trade-in.

The proceeds of the sale, in excess of the flooring, are given to the keeper, who supervises the deposit of the service contract and insurance monies to the trust account and the mailing of the premiums to the appropriate insurance companies. If possible, the pay-off for the traded vehicle is also made from the general account of the dealership.

The above process, while time-consuming, is necessary. The parties should appreciate the understanding, patience, and cooperation needed from each other in order to make the operation run smoothly. If either the keeper, or the dealer, has a problem working with the other, the problem should be discussed with the keeper’s superior and resolved, or a new keeper assigned.

Procedures for Handling Payroll Monies

With respect to payroll monies, the dealership should continue with separate payroll account and the lender should agree to permit a payroll large enough for sufficient personnel to run the dealership in order to complete whatever stage of the work-out plan the parties have reached. If the dealership is winding down sufficient payroll should be allowed for a “skeleton crew” to prepare the dealership for sale or closing. Equipment will have to be guarded and maintained. Secretarial and accounting work will have to be completed. With respect to sales people, although they do fall within the minimum wage laws, they only get paid a commission if they make a sale and, if they do, they probably will have sold the asset for more money than the lender would get at an auction. The source of funds to cover the dealership operations is discussed in the next section.

Commissioned Salespeople

As mentioned, the commissioned salesperson gets paid a commission if and only if a contract for the sale of a vehicle crashes. They represent the best means of obtaining full value for the lender’s security. Consequently, the lender, regardless of its security interest, would probably be wise to subordinate its interest to the extent necessary for the sales people to earn a reasonable commission.

Closing a dealership is covered in another article. At this point, it is enough to mention that a lender, liquidating foreclosed vehicles, would have to deduct transportation, insurance, storage and auction fees from the forced liquidation sales prices of any vehicles it sold, before receiving any monies itself. Therefore, the amount of a salesperson’s commission for selling vehicles, net of the foreclosure costs, would appear to be a good investment, on the part of the lender.

An interesting question arises as to whether or not the lender has an implied duty, knowing the sales people are liquidating the inventory for the benefit of the lender, to inform the sales people that it, the lender, intends to keep all of the gross profit from the sale; and, further, if the lender, knowing it does not intend to allow the sales people to be reimbursed for their efforts, says nothing, do the sales people have an action against the lender?

In any event, the payment of employees (salaried or commissioned) should be made by the dealer from a separate payroll account. The account should be funded under the supervision of the keeper, but the lender’s employees should not participate in distributing the funds. Note: Participation in distributing the company payroll could make the lender liable for taxes. 26 USC 3505 and 6672.

Division of the Discretionary Income

Vehicle Income

If a lender maintains a security interest in the dealer’s vehicle inventory and if the dealership has collected and spent money for vehicles which have been sold, without reimbursing the lender for those vehicles, then the dealership’s gross profits from all future vehicle sales should be applied to reduce the number of sold and unpaid units. The cash profits from such sales should be applied immediately to the lender’s debt, such as vehicle gross profit, finance and insurance commissions and service contract profits. Factory rebate money and incentive monies should be assigned to the lender and applied to the borrower’s debt only upon receipt of the actual cash.

Service Department Income

Unless the dealership is averaging a 100% service absorption rate of its fixed overhead expense, which is unlikely, trying to operate a dealership on the service department’s income will be difficult, if not impossible. If the lender is unable or unwilling to allow these monies to be applied to the general operating fund of the dealership, it means the lender has decided to close the dealership, whether it believes so or not.

The service department monies include gross profits from parts, service, labor and the body shop if the dealership has one. The percentage of all fixed overhead expenses covered by this profit reflects the dealership’s absorption rate.

If the dealership is being sold or closed, these monies should be used to complete the payrolls necessary to accomplish an orderly transition or liquidation.

As always, consult with a qualified attorney whenever dealing with out of trust situations.

He has consulted on upside-down positions of over $50 Million, out of trust position of over $4 Million and a bank overdraft of $30 Million. Since 1972, Mr. Pico has completed over 1,000 automobile dealership transactions, whose combined values exceed One Billion Dollars.

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Is Valuation Only About Numbers

INTRODUCTION to VALUATION

Yes, we are all aware of the famous phrase “valuation is an art and not science” but how sincerely do we follow it. When it comes to valuation the entire focus immediately shifts to our most loveable friend who comes to our rescue, yes you have guessed it right our very own “Excel Worksheet or Real Template ready with us”. The moment the activity commences our dear friend is dumped with figures from all over that target financials examining the past trends, how it plays with the comparables, then building the related valuation models, throwing in the valuation factors – multiples, adjusted multiples, weighted average cost of capital, beta and so on and then press “Enter” with the question OK buddy now tell me the value and voila there it is!. That’s about it period may be a change 5% above or below and the limit for negotiation is set. Wait a minute lets rewind – OK we have the numbers, we have the projections, we have the industry outlook and we have the factors for evaluation and we have the value case closed, but what we’ve done is played the role of a scientist and never took the opportunity to justifiably recognize lead role of the “artist”. Did we pause to think about the Management style of the Target entity that adapts to the dynamic changes that eventually results in the flexibility of the business to deliver in rapid or dynamic changes in scenarios? For instance have they focused on building capacities only or have they made their capacities flexible in adapting to the foreseeable changes e.g. in case of automobiles lot many components are being shifted to plastic from steel or aluminum which primarily is due to the reason to establish as cost effective in a highly competitive industry and all those not foreseeing such changes are definitely to lose out of the race. Though we do conduct due diligence wherein we execute the “Technical Diligence” that frankly is focused on the health and efficiency of the existing infrastructure rather than the adaptability of such infrastructure. This could be a significant factor in evaluating the management style that throws open the qualitative factor to be factored in the valuation so as to conclude the lead role of the “artist”. Yes, we all though are aware of the fact that valuation at the end is that “magical number” but the approach adopted to arrive at that number will to an extent dawn the role of a “scientist” but beyond which becomes significant to reflect the role of an “artist”.

INDIAN AUTO INDUSTRY IN BRIEF

Let us explore the potential for examining the significance of qualitative factors in a particular industry. From amongst the various industries, we have considered “Auto” industry and precisely the “Auto Component” sub – industry.

As for the scenario for Indian Automobile industry, it is the seventh largest in the world, has demonstrated a phenomenal growth. The industry has grown significantly over the last ten years, during which volumes have increased by 3.2 times, from a level of 4.7 million to 14.9 million, according to Vishnu Mathur, Director General, Society of Indian Automobile Manufacturers (SIAM). The industry, by virtue of its deep, connects with several key segments of the economy, occupies a prominent place in the country’s growth canvas. It exhibits a strong multiplier effect and has the ability to be the key driver of economic growth. A robust transportation system plays a key role in the country’s rapid economic and industrial development, and the well-developed Indian automotive industry justifies this catalytic role by producing a wide variety of vehicles, which include passenger cars, light, medium and heavy commercial vehicles, multi-utility vehicles such as jeeps, scooters, motorcycles, mopeds, three wheelers, tractors etc. The automobile sector in India has been experiencing significant growth in the last few years on the back of factors that include:

1. Favorable demographic distribution with rising working population and middle-class Urbanization.

2. Rising affluence of the average consumer as per capita income rises – According to McKinsey, the middle class in India will grow from 50 million to 550 million by 2025. With a tremendous growth in wealth as the economy grows, there will be significant increases in spending on discretionary items and consumer durables.

3. Increasing disposable incomes in rural agro-sector.

4. Overall GDP growth, with a rise in industrial and agricultural output.

5. The introduction of ultra-low-cost cars.

6. Increasing maturity of Indian original equipment manufacturers (OEMs).

7. Availability of a variety of vehicle models meeting diverse needs and preferences – robust production.

8. Greater affordability of vehicles.

9. Easy finance schemes.

10. Favorable government policies.

India’s automobile industry, currently estimated to have a turnover of US$ 73 billion, accounts for 6 percent of its GDP and is expected to hit a turnover of US$ 145 billion by 2016. The automobile industry currently contributes 22 per cent to the manufacturing GDP and 21 per cent of the total excise collection in the country, according to Mr. Praful Patel, Minister, Heavy Industries, and Public Enterprises. In 2010-11, the total turnover and export of the automotive Industry in India reached a new high of US$ 73 billion and US$ 11 billion respectively. The cumulative announced investments reached US$ 30 billion during this period. He also said that the forecasted size of the Indian Passenger Vehicle Segment is nearly 9 million units and that of 2 wheelers, close to 30 million units – by 2020. India achieved the position of the top growing passenger car market in the world during the January-June period in 2011, overtaking the US, which grew at 14.40 percent, (Source: SIAM). In passenger vehicles, India was the fastest growing market at 18.20 percent during the six-month period. India’s automobile industry is expected to grow by 11 to 13 percent in the fiscal year ending March 2012, according to Pawan Goenka, President, SIAM. The industry body said that Indian automakers sold 143,370 cars in June 2011. The four-wheel passenger vehicle market has grown impressively at the hands of the new middle class, and there is a huge opportunity, as market penetration remains low. India’s automobile industry is growing fast, but two-wheelers remain a dominant category. More than 78 percent of motor vehicles on the road are two-wheelers, their popularity is driven by low price, high fuel mileage, and an ability to drive efficiently through dense traffic. The share of different types of vehicles during 2010-11 was passenger vehicles (16.25), commercial vehicles (4.36), three wheelers (3.39), and two wheelers (76.00).

With the gradual liberalization of the automobile sector since 1991, the number of manufacturing units in India has grown progressively. Currently, 100 percent Foreign Direct Investment (FDI) is permissible under automatic route in this sector including passenger car segment. The import of technology/technological up gradation on the royalty payment of 5 percent without any duration limit and lump sum payment of US$ 2 million are also allowed under automatic route in this sector. The automobile industry is de-licensed, and import of components is freely allowed. With an objective of accelerating and sustaining growth in the automotive sector and to steer, coordinate and synergise the efforts of all stakeholders, the Automotive Mission Plan (AMP) 2006-2016 was prepared. The plan aims at making India global automotive hub. The AMP 2006-2016 aims at doubling the contribution of the automotive sector in GDP by taking the turnover to US$ 145 billion and providing additional employment to 25 million people by 2016. In the long term, the government has expressed plans to follow a two-pronged strategy for spurring automotive Research &Development (R&D). The first is aimed at addressing the existing infrastructure gap in the field domain of automotive testing and homologation through the Department’s flagship National Automotive Testing and R&D Infrastructure Project(NATRiP), which is being implemented at a cost of Rs 2,288 crores (US$ 521.5 million), and is expected to be completed by the end of 2012. The second part of the strategy is aimed at leveraging the investments being made in NATRiP facilities for collaborative R&D with the industry, especially for the small and medium enterprises (SMEs) in the auto component space. Further, with the recent announcement of the launch of the National Mission for Electric Mobility and the setting up of the National Council and Board for Electric Mobility, Mr. Patel emphasized the commitment of the government for early adoption of electric vehicles, including hybrid vehicles, and the manufacturing of these vehicles and their components. The government is considering setting up two automotive manufacturing hubs spread over 10,000 acres each in central and eastern India. The new hubs, aimed at consolidating India’s position as an important destination for low-cost automotive production, will be in addition to the three existing zones – Haryana, Maharashtra and Tamil Nadu.

The automotive industry is at the core of India’s manufacturing economy – India is all set to become one of the world’s most attractive automotive markets for both manufacturers and consumers. The resulting benefits to society, such as economic growth, increased jobs, and stability for families employed by the automotive industry, are significant. The long-term potential for growth of the auto industry is very favorable, on account of low vehicle penetration in the country. As income levels rise and easy finance is available, the industry will continue to see a healthy growth rate. SIAM estimates that the growth of the auto industry in FY12 will be in the region of 12-15 per cent. References: Society of Indian Automobile Manufacturers (SIAM), Press Information Bureau, Press Releases, Report by Booz & Company – Revving the Growth Engine India’s Automotive Industry Is on a Fast Track, Automotive Component Manufacturers Association of India (ACMA). (Source ). Simply put it across- the Indian Auto Industry is set for an amazing growth ride in the foreseeable future with ample opportunities for the end consumer in regard to choices within each segment with the benefit of cost effectiveness due to highly competitive market with growing participation from foreign players that being the result of liberalization in regulation initiated by the Central Government.

ANALYSIS OF THE QUALITATIVE FACTOR

Firstly let us understand what these qualitative factors mean when we are considering at the Auto Industry specific to auto components manufacturing.

A. Strategy: It plays the most significant directly linked to the Management style since it provides a clear direction for the entity. The auto component entities are left with options relating to more and variety of components per vehicle i.e. produce different components which provide a clear direction for sustainable growth. Secondly, they can provide the entire range of the same product to different OEM’s e.g. Mothers sons & Sumi provides the entire range of vehicle wiring to various OEM’s.

B. Time Interval: When strategies are made the focus is on long-term sustainable growth which is measured by the return on equity rather than short/medium term achievements focused on increasing the top line in regard to a single product.

C. Diversity: This would mean where a single product developed can without material changes be provided to various OEM’s e.g. spark plugs which can be remolded without any substantial processor without setting up facilities specifics to customers.

D. Innovation: R&D is the key to such manufacturers. For instance, let’s understand where the OEM has fixed the price for a component the research outcome providing the same durability resulting in cost effectiveness provides an opportunity for earning a greater profitability for such manufacturers.

Now let’s look at a few companies for purpose of analysis. The source of information is Bombay Stock Exchange (BSE). The entities selected are engaged in the business of manufacturing of auto components. The analysis is based on the first determination of Market Multiple for each of the selected entity and then examining vast difference if any within the multiples across the entities. Lastly to explore the possible reasons for such variation and in turn, relate to our basic question is valuation only about numbers?

All the above entities are engaged in the same business of manufacturing auto components but as evident have various market multiples the first three entities is averaging beyond 20, whereas the rest of the entities the multiples are averaging below 10 which in other words are averaging at approximately 70% lower than the average multiples of the first three entities. With the projected growth in the Auto Industry, it is imperative that auto components manufacturers are at the right place at the right time then whys such vast variations in the multiple? In order to explore the reasons for such variation, one needs to take an example and considering with our previous month’s analysis of RICO let us continue with the same. In the last month’s article, we enumerated the Business Model of RICO giving the details in regard to the areas of Key Partners, Key Activities, Key Resources, Value Proposition and Customer Segments which are considered from the perspective of either streamlining or rethinking by the Management.

All the above reflect the management style which in brief seems to be specific customer oriented, product specific, diversification of product base, value enhancement through foreign ventures, and continuing focus on the export market. All these factors seem to have caught the eye of the market thereby impacting their multiple. A different perspective on the Management focusing on the qualitative factors may result as a turnover strategy with the end result of enhancing its multiple in line with the available growth opportunities in this industry.

Conclusion: Valuation is perhaps the most important aspect of M&A deal. More often than not this gets reduced to juggling with the numbers alone neglecting the more subtle aspect of the qualitative aspects and the futuristic outcome of such exercise. What is important may not be apparent and vice versa. Therefore any true valuation has to factor both the numbers and the futuristic intangibles which will eventually get reduced to numbers though not extent visible.

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How to Detail Your Automobile

Some say that Guido da Vigevano built the first car in 1335 that used a windmill type assembly to drive a set of gears to turn the wheels. I would say that if that is the case, that he probably was also the first one to clean a car. Now the car wash/detailing industry has become a multi-billion dollar industry. Although why would you want to spend you hard earned money on having someone else detail your car? When you could do it yourself, and make sure it is completed correctly and the way you want. Besides, I know a lot of car enthusiast out there who would really prefer to detail their cars themselves.

After years of experience and talking with some of the best product/technical representatives around today, I have compiled a how-to guide for car owners that want to do their own work. This guide is intended for all car enthusiasts on all levels. Maybe you are new to car detailing or you are just looking for some new “tricks” to give you the advantage at your next car show. Either way, I hope that this guide helps you on your journey.

First off detailing is hard work and time-consuming. No matter what your reason for wanting to detail your car from wanting to attend a car show to selling your vehicle detailing will be well worth your time and effort. Now there are products out there that say that it will cut your time in half and that you only need to do it once a year. However, several professional detailers I talked with said that many of the new cheaper products are indeed too good to be true and can damage paint jobs. This is why I suggest staying away from low-quality products and sticking with the known products. There is nothing that works as well as hard work and some elbow grease. I will make some suggestions as I continue through the guide, but if you have a product you really like, go ahead and use it.

Before you get started you will need:

Paper towels, rags, and chamois. Old t-shirts work well, and if you can find any old “clean” cloth diaper use them because they make excellent rags for polishing the finish and are great for windows.

Brushes. You’ll need a few different varieties and sizes to get into the hard to reach areas. An old toothbrush works well, and several cotton swabs.

Wash bucket. Make sure it is clean, and you may want to keep is as your car washing bucket only. This may help prevent getting unwanted dirt and chemicals in a bucket you use to clean your car with.

Wash mitts and or a good quality sponge.

Bug removal sponge

Power Washer or a good hose nozzle with different head types. Power Washers are getting pretty reasonably priced now and you can pick them up at any hardware store.

Shop Vacuum or equivalent.

Orbital Buffer. Again these are getting pretty reasonably priced.

Now where to begin? Most professionals I talk to suggest starting on the interior first, so the dust and dirt you brush out won’t settle on a cleaned exterior. Remove any floor mats and give the carpeting and upholstery a good vacuuming. Move the seats forward and backward to get all the dirt including in the tracks, and door jams. You should also use one of your harder bristled brushes to get any dirt out from the cracks; it is also good for stirring up the carpet mat so you can get most of the junk out of the carpet.

Now if you have any stubborn stains in the upholstery or carpet this is the time to deal with them. Use an all-purpose cleaner to get the stubborn stains out. Saturate the stain with cleaner, working it in with a damp sponge. Let it sit awhile and then blot it out with a dry towel. Make sure to read the direction on the cleaner for specific precautions. You can also use a window cleaner sprayed on a rag to get the headliner clean. Don’t forget the trunk/hatchback areas as well.

You can repair burns and holes in your carpet by cutting out the area with a razor blade. Then cut a similar size piece from a hidden spot, such as underneath the seat, and cement it in place using a water resistant adhesive. Blend in the repair by brushing the repaired piece with the old. You can also go to a carpet outlet and can buy a carpet sample for a pretty reasonable price that could match the carpet of the car. If your carpet is still looking bad you can shampoo it to get any remaining dirt and grease out. You can usually rent these machines at a carpet store or even you local grocery/retail chain. Start with the carpets on the driver’s side then the seats; this keeps the water to a minimum. Move around the whole car until you’re done. Again make sure you read any precautions from the manufacturer.

Now move on to the interiors hard surfaces, clean them with a damp cloth and a mild all-purpose cleaner. If you have leather upholstery, dress the surfaces with a leather conditioner; spray it on a rag for tight areas. Never use a vinyl product on leather. Worn or torn areas of vinyl can be repaired using kits made for this purpose. Repairs are made with a patch that lets you match the color and grain of your upholstery. Worn areas of leather can be touched up with dyes or a high-grade shoe polish.

Now for one of the harder parts the dash. First, you can blast any dust away with a can of compressed air. Clean air vent grilles with cotton swabs and brighten them up by missing on some spray on rubber dressing. Spray any dress up cleaner on a soft towel and then apply it to the rest of the dash, be careful around the instrument panel.

Then move on to the windows. If you are like me, then you hate cleaning windows for the fear of streaks. Some pointers in this area are to don’t spray directly on the window but onto a rag. Have a dry cloth ready to wipe it dry. You can even use newspaper to wipe it dry, the abrasiveness acts like a polish and it won’t leave any streaks. Also, make sure you rinse your hands off before cleaning your windows, this will help remove any unwanted dressing. If you have aftermarket window tint film, it may be degraded by cleaners that contain ammonia or vinegar. Factory tinting is in the glass and is not affected by these cleaners.

Now it’s time to move to the exterior of your car, well kind of, detailing your engine. First, you will need to cover any sensitive equipment such as electrical components. Try using a heavy duty aluminum foil for this step. If you use a home pressure washer for this, be careful, you can blow water in areas that weren’t meant to get wet. I prefer using a regular garden home for this step. After you have sealed everything off, spray a heavy duty degreaser onto the cool temperature engine. Again read any warnings or precautions on the degreaser. Use a pointy brush to get any stubborn deposits. Then spray down with your hose, making sure you get all of the degreasers off.

Once you’re satisfied, start up the motor and let it run for a while with the hood down. Then remove the foil and use a rag sprayed with the degreaser and wipe down any parts covered. Now you can wipe everything down with a rubber dressing or shining product. However, do not spray or wipe down your belts, and make sure you read any precautions on the product.

We’re finally on to the part about actually washing your car. Make sure that you are using a clean wash mitt or sponge, and that your bucket is free of dirt and contaminates. Work in the shade and make sure the surface is cool. Make sure that you are using a good car wash, and don’t use dishwashing detergents. The dishwashing detergent damages the finish, stripping it of vital oils causing it to dry out.

Presoak the car first making sure you get rid of any of the big dirt. Also, remove any bug and tar items time using tar & bug remover with a sponge. Move on to the rims, since rims collect brake dust and road debris. Use a wheel cleaner that is made for your type of rims such as being clear coated or not. Don’t overlook the underside of the vehicle, and the gas cap lid as well. Now start at the top of your vehicle and move your way down. Make sure that you get all areas, and rinse often. To do a final rinse, remove the spray head from the hose and flood the finish. The water will tend to run off in sheets, minimizing spotting. When drying the vehicle off, you can use a chamois to get the bulk of the water, but finish it off with soft towels.

When you’re done washing and the car is mostly dry, apply your rubber dressings to the tires, bumpers and any plastic parts you want to shine. This gives the car to finish drying and you can then look for missed areas or water runs.

Most people stop here and say they are done if they even get to this point. They overlook one of the most important steps in detailing and preserving a vehicle, and that is waxing. Now the market is full of different types of waxing products, but how many of them actually work? Most of the average cheap waxes contain a very small portion of wax in them and use petroleum instead. Products that are like this do very little in preserving and waxing the paint if anything they just waste your time and money. Also be aware of the spray on wax with water. These waxes might give some protection for a day or two, but nothing like the protection of a carnauba wax.

Before you wax, you need to get rid of any oxidation you may have. Typically, you will not have to do this every time. Oxidation depends on how much you wax when you wax, how much sun the car is exposed to, and other weather conditions. Oxidation can usually be removed with a clear coat compound. For standard finishes, you can step up to polishing compound, which is mild but still too harsh for clear coats. If you do use these products, you must seal the paint after.

If you decided to use a compound for oxidation, then you must seal the paint. You can buy a glaze/sealer to do this. Most sealers or glazes you apply by wiping on. Then use soft towels to remove it after it has hazed over.

Now you are ready to wax. Make sure you are using a good wax, preferably one with high amounts of carnauba wax in it. Again, start at the top of your vehicle and do small sections as you work your way down. Don’t let it sit more than 5-8 minutes before removing, and two thin coats of this are much better than one thick coat. Also, apply it with a side to side motion instead of circular to prevent swirls. Be sure to include door jambs and the areas beneath door hinges and behind bumpers. Minor blemishes may be neutralized by wrapping a cotton cloth around your index finger and burnishing the polish into the finish.

If you machine-buff the polish/wax to a high luster, go with an orbital rather than a rotary model, which would be more likely to burn the paint. The rotary buffer is much faster than orbital but in the wrong hands can easily damage paint. Treat the plastic chrome as if it were a painted surface and protect it with a light coat of wax. Try and not get any on the black rubberized parts. If you do, spray it with a mist and wipe product and wipe it down with a terry cloth towel. If that doesn’t work a professional detailer gave this as a suggestion: Microwave some peanut butter and apply it to the stain with a soft toothbrush. Peanut butter’s oils dissolve the wax and it’s abrasive enough to lift the stain. If you get a polish/wax residue around emblems or in crevices, break out the cotton swabs and toothbrushes. After removing it all go around and remove any excess from the cracks and emblems using a brush and towel. Cloth diapers are excellent for buffing up a shine.

Here’s a tip: break the car down into equal sections. Apply the prep/sealer/wax to one section at a time before moving on to the next. This lets you concentrate your efforts on small areas at a time.

Also keep a good car duster around for getting the dust that some products leave behind. Plus remember to protect your car’s finish from the elements as much as possible. This means storing the car in a garage, covered area, or with a good quality car cover. A car that is constantly exposed to sunlight and other environmental hazards will deteriorate quicker and require significantly more cosmetic maintenance.

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Investing in Car Dealerships - Doing Your Homework

This article attempts to help give the investor a broader basis upon which to decide whether a dealership merits their time, money and attention.

Interviewing Factories and Financial Institutions

Lenders have an affirmative duty not to promiscuously disclose the financial condition of their debtors. In addition, most Sales and Service Agreements contain confidentiality agreements, with respect to the unauthorized disclosure of a dealer’s business. Consequently, questions directed to factories and finance companies should be limited to pertinent, non-confidential questions.

The Buyer’s Responsibilities

230 Kan. 684, 640 P2d 1235 held that not only was a bank under no duty to disclose information to a borrower intending to purchase a dealership but that the investor could not avoid the responsibility of exercising reasonable diligence for his own protection. See too: 387 NW2d 373 (Iowa) and 773 F2d 771 (7th Cir.) A buyer may not abandon all caution and responsibility for his own protection and unilaterally impose a fiduciary relationship on another without a conscious assumption of such duties by the one sought to be held liable as a fiduciary. 724 SW2d 343

Courts have even held that a seller’s accountants upon discovery its client’s financial statements were misleading at the time they were given out, had no duty to correct them, even though they were included in a prospectus. See 513 FSupp 608 N.D. Ga.

The Physical Inspection of the Dealership

Due diligence requires more from a physical inspection of the dealership then searching for defects in the facility, or potential EPA or OSHA problems. A skilled advisor can surmise how well a potential seller is operating by a visit to the facility. Such things as whether the sales people are energetic, or lethargic; the amount of time it takes sales personnel to greet customers; whether the store is clean and well maintained; whether awards plaques are kept up to date, all indicate the financial condition of the dealership.

Public Information

Data can be obtained from public information to determine not only the financial strength of the dealership, but it can also suggest how to structure an offer more attractable to a seller. Sometimes a seller will accept less money because of the manner in which the offer was structured. Determine what a seller needs, then find a way to enable him or her to get it.

UCC-1, title, and mechanic’s lien searches all supply information without having to seek permission to obtain credit reports and without violating contractual relationships with lenders.

The Fallibility of Dealership Financial Statements

Dealers are required to file financial statements each month. These statements, however, should not be materially relied upon in making projections.

A profitable parts department and a losing service department may mean the service department is doing poorly, or that a strong parts manager is intimidating the service manager into paying too much for the part.

Industry Guides are available for each area of a dealership’s operations. Guides, however, are good servants but bad masters. They are prepared by many different groups, using a variety of sources. A prospective purchaser should:

(1) Compare the selling dealer’s actual performance figures, to the guides and obtain explanations for any variances; and

(2) Prepare a pro forma statement, based upon expected sales and forecast gross profits and expenses, based upon personal experience, rather than the selling dealer’s experience.

(3) Recognize inconsistencies and irregularities in the statements, and pursue a more thorough investigation of those items.

Financial statements do not provide answers about a dealership; they present a method to formulate intelligent questions in order to pursue answers.

Keys to Analyzing Dealership Financial Statements

Consistency should exist from month to month in each individual account. All inventory and expense accounts should be compared. Note and receive an explanation with respect to major fluctuations.

Buying Without Relying

One buys a dealership without relying solely upon a seller’s financial statements in the same way in which a manufacturer opens a new point. Major differences in these approaches generally inure to the buyer’s benefit. For example, when opening a brand new store, there will be no existing wholesale parts business, retail sales base; yellow page advertising; or vehicles lined up for service the day after the escrow closes.

Buying an existing business, on the other hand, provides all that, as well as “historical” versus “projected” data to use with forecasts.

In addition to reviewing financial statement, three additional questions should be answered before making projections for a new dealership:

(a) the current retail sales volume; (b) the planning potential, at closing; and (c) the new rent factor.

With those three figures, one may guesstimate the dealership’s earnings under proper management; and, the answers to those questions may be obtained from the factory and a reading of the lease.

Officer, Director and Shareholder Approval

Most dealerships are incorporated, or LLCs and a check with the Secretary of State or Corporations Commissioner will reveal the shareholders, directors, and officers of the corporation and the members of an LLC. A check of local records will generally reveal a d.b.a., or general partnership, whether or not a partnership agreement or stock has been pledged or encumbered and, if so, to whom.

Information, regarding shareholders and officers, should be acquired from sources in addition to the factory, as the factory may not have all the information needed to assure the buyer he or she is actually negotiating with the person who possesses the authority to make a contract. Dealers sometimes have silent partners or sell an interest in the business without informing the factory. In either instance, a potential purchaser could be misled into negotiating with the wrong party.

You need that information to be sure you are negotiating with the right party. In 796 F2d 345 (10th Cir), Michael Gage, president of Michael Gage Chevrolet, signed a “Memorandum of Agreement” to sell his store. He had no approval from either the Board of Directors or the shareholders of the corporation. Subsequently, the Board and the shareholders rejected Gage’s agreement and entered into and approved a Buy-Sell Agreement, with another party that was consummated.

Gage sued the Board and the shareholders. The state court dismissed and Gage re-filed in federal court. The federal court held that when Gage (the dealer) signed a “Memorandum of Agreement” to sell, he had no approval from either the Board or the shareholders and “without such authority (he) could not validly contract to sell the corporation’s assets.”

Be aware too: states vary with respect to the number of shareholder votes required. Some require 100%, some a two-thirds vote and some a simple majority.

Attorneys, Accountants, Brokers and other Automotive Advisors

Attempt to determine the other party’s advisors and whether they possess talent; are knowledgeable with respect to the automobile business; and their reputations for veracity and keeping their word. After an investigation is completed, a decision should be made whether or not to proceed. Some purchases are better avoided, regardless of the attraction.

Questions to Ask about the Business

Why did the Dealership Fail or Succeed?

As in “Valuation of Dealerships” (a topic for another article), the critical question is not whether a selling dealership’s financial statements reflect a profit or a loss, but rather why?

The fact a financial statement shows a large net operating profit and a large number of vehicles sold is not enough answer to answer why it is profitable. Other questions must be answered before projecting whether new management will make a profit and before deciding upon a reasonable offer for the dealership.

Actual Sales vs. Planning Potential

Planning potential is important for several reasons, such as vehicle allotment, build-out allotments, capitalization requirements and reasonable expectations. A low planning potential and high volume sales may mean the working capital requirements are unrealistic. It is almost impossible to be profitable when a dealership is capitalized too high, or too low.

When questioning the factory about planning potential, not only inquire as to the number but also as to the manner in which the planning was derived, the date it was determined, when it is expected to be updated, whether it reflects actual sales in the market area and if not, why not.

Area of Sales and Service Responsibility

The dealership’s area of geographic sales and service responsibility is important both with respect to surrounding dealers, and with respect to whether or not the factory intends to close an open store, or open a new store. Past service and sales numbers will be of less value to future projections if the factory intends to add or delete points.

Inquire of the factory, as to what the planning potential requirements would be, taking into consideration the newly closed or opened point.

Significant Document Checklist

Although some of the items are more important when dealing with a stock sale, versus an assets sale, the prospective purchaser should have his or her advisors prepare a “significant document checklist collect them all.

In addition, the advisors should be certain to verify addresses on insurance policies, as we have encountered instances where the address being insured was not the address where the dealership was located.

Finally, the appropriate advisors should have an understanding of past, pending and potential litigation, DMV, factory, and finance company problems, along with any settlements, payment of sales taxes and whether or not favorable state unemployment insurance rates may be transferred.

Mr. Pico served as a court appointed “Consultant to Debtor” in bankruptcy cases, a “Court Appointed Mediator” in automotive disputes, the “Court Appointed Arbitrator / Appraiser” in partnership disputes, a “Court Approved Consultant to Receiver” in a check-kiting case, as a “Superior Court Mediator” in dealership/lender litigation and has been recognized as an expert witness on both State and Federal levels.

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baburaja97-blog · 7 years

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New Post has been published on Vin Zite

New Post has been published on https://vinzite.com/car-and-suv-winterization/

Car and SUV Winterization

Protecting your pride and joy and one of your largest investments this winter. The automobile has become an extension of its owner’s personality as well as representing a huge chunk of our hard earned income. Let’s face it, as Americans we love our cars. We want them to look good, cruise smoothly and last a long time. Then, of course, there is the weather. The man is constantly adapting to his environment and adjusting to his climate. We put stuff on the roads so we can drive in any weather without fear of becoming the next human-driven hockey puck.

During the Winter Months, different agencies apply different things to the roads to keep them drivable like salt, sand, and chemicals such as de-icing chemicals, which are environmentally friendly but can destroy a regular wax job. Magnesium Sulfate works great to keep cars from sliding into the guardrails and ditches, but it plays hell on automobiles finish. With rust and corrosion threatening to destroy your investment and reduce the value of your car by thousands of dollars the stakes become high. We may not be able to control the weather quite yet, but we can give you the tips from years of experience and industry knowledge to help you minimize your risk, fight back against jack frost and work with mother nature to co-exist and cruise successfully through winter. How can you win the war on winter?

Winter is coming and will soon be in full swing. Roads will be packed with vacationers and outdoor sports aficionados. You and your car need to be ready. We know from experience that bare metal will rust when exposed to moisture and harsh elements. Take a look around your car, are there paint chips? Even small chips can allow moisture to get underneath your cars finish and work its way all the way through the metal. Holes in your car, needless to say, will not improve your chances for good resale value. And if your car is on a lease they will be hitting you hard on its return. There are several things you can do to take care of these chips now. To find a chip repair person go to Paint Bull’s website and find one of their 500 mobile chip repair dealers. If you have a fiberglass body or a primarily plastic car such as a Saturn it may not be as critical if you have a chip or two.

Every car that drives through harsh winter climates needs some type of undercoating. There are many options. You can go down to your local auto parts store, buy a can of undercoating and spray it on yourself or you can go to any auto detailing company and have it done for about $80-100. There are a few detailing companies who have a number of stores throughout the country as well as mobile units, which can provide this undercoating for you. You can also go Siebert’s website, they have 216 stores Nationwide. They have been closing stores at a fast rate of about 30 per year. They charge about $200-300 and will touch up the undercoating job free each year. They use this as a gimmick to get you in their store next year to sell you more stuff. Their guarantee is of questionable value since if the store closes then who will do the guarantee wok. Another problem with the lifetime guarantee is that most people do not own their cars for their entire life.

If you own a truck or a cargo van you may consider a lining. There are a few different types of linings. Rhino Lining at Rhino Lining Website has a rubber-like lining. An average bed runs about $300. There is Line-X, which is a harder liner at Line-X website and Permatech which has a really good liner that is between the hard Line-X liner and the softer a Rhino Lining. All these brands have hundreds of franchisees and dealers. You can conveniently search their websites to find a location near you. The going rate is around $300 for an 8 ft bed and you can negotiate a little with your local dealer.

What can you do to protect your cars paint? Several things. It is important to understand the different types of wax and how they perform against salt spray tests. Carnauba the most popular wax name amongst consumers, will not hold up well under harsh salt conditions, de-icing wetted areas or on magnesium chloride soaked roads. It does, however, work well on roads, which have been covered, with sand. Teflon and silicone waxes do not work well in any of these conditions or in colder climates.

So what is the best modern wax for these Winter environments? Polymers work best but are usually put on in a liquid form and therefore goes on in thinner coats. It may take several coats to ensure that the protection lasts longer than three months. It is best to put on several coats and then re-apply in three months. If you do not feel that you want to do this yourself you can call several companies that provide onsite service at home or office. National Detail Systems has over 300 dealers.

Ask for polymer wax and ask for a multiple coat discount. Expect to pay $65-90 plus $15-25 for each additional coat from National Detail Dealers. It will vary significantly from dealer to dealer. The Car Wash Guys have standard pricing and charge $35 for an exterior polymer coat and charge $10 for additional coats. Many car washes also have express detailing service starting at anywhere from $35-55. To get a listing of car washes and the new J.D. Powers Car Club website. This site is quite helpful. The website will give you a map to the nearest carwash based on the zip code you put in. You can print it out and drive down and get your car waxed. Fixed site carwashes vary so much from operator to operator it is hard to say what additional coats might cost, it may even depend on the day of the week you go, which manager is working and how busy they are that day. You should try to go on a Tuesday.

You may wish to put a protective coating on your car’s carpets. The very popular product ScotchGuard was taken off the market this year due to environmental problems in manufacturing and is no longer available. Blue Coral does make a similar aerosol product although not as good as the former 3M leading brand. With new genetic woven splicing of nylon into cotton plants, we are seeing a new breed of interior carpeting in vehicles. It is more durable easier to clean and holds up well under multiple steam cleaning passes. Perhaps a simple plastic cover over the carpets might be your best bet. Most modern day minivans come standard with plastic covers and if yours did not, you can buy plastic covers for next to nothing at any auto parts store.

There are also some very high tech solutions to automotive protection. For window glass, there is a hydrophobic treatment called Diamon-Fusion. It prevents chips in the window and allows you to drive in the heavy rain without the use of wipers. A simple solution may be RainX, which can be purchased at any auto parts store for about $5. All of the companies listed in this article can also put on RainX for you. Be sure to ask them to apply it to the interior windows also because it prevents unnecessary fogging when you do not have your defroster set exactly right. The coating industry has evolved and out of the NASA Space Program came a glass coating used on the tiles on the bottom of the Space Shuttle, which can be put on at room temperature. It is put on 2 to 4 millimeters thick. Glass, of course, is impervious to moisture.

This new revolution in ceramic technology is also being perfected by the Japanese. PP&G, the leading automotive paint company, is also on the cutting edge of this new field and we may soon have a new and more advanced clear coat for cars for the 21st century. That is the good news. We may see a new clear coat for cars coming out which will make waxes obsolete in the next few years. The bad news is that for now there is no substitute for waxes, coatings, and undercoating. You can pay now or pay later. You really should consider protecting your investment. If you neglect to take this opportunity to plan your winterizing strategy, Mother Nature already has a plan of her own and she is coming soon.

Many people are only going to keep their car for two years on a lease and then trade it in for a new model. So if there are no chips in the paint, you may only need a single coat of polymer wax and new windshield wiper blades before Winter. If you are going to keep your car for many years, however, protect your investment against the inevitable Winter. Please realize that most manufacturers warranties on bodies and paint do not cover salt or environmental damage. If you pay attention to these simple things you can cruise through winter with no problems providing your tires don’t get recalled and you can still afford the gas.

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baburaja97-blog · 7 years

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A Generation Mix

Have you considered how when you were born determines how you will behave? How you and your peers typically react?

There are 6 generations defined in generational research. They are Traditionalists, Baby Boomers, Generation X, Generation Y, Generation Z and the Alpha Generation.

The Traditionalist

Born: Between 1900 and 1945

Age: Between 66 and 111.

Influencers: WWII, the Korean War, the Great Depression, the New Deal, the Rise of Corporations, and the Space Age.

Education: Was more of a dream than a reality

Family: Generally came from the Traditional Nuclear family unit

Values: Hard work and saving for tomorrow was their aim. They valued the family unit and community above all else and were respectful of their elders and authority.

Money: They put money away, paid cash for everything and saved for retirement.

They were raised by survivors (not the reality type, but the real deal) and experienced hard times while growing up. A hard childhood was followed by a time of prosperity.

Motivation: Your experience is respected

Work: Was of the utmost importance to their livelihoods, they believed in working hard, were dedicated to their jobs, made sure they got the job done, were always on time and punched in and out for the hours required. They worked hard to gain senior positions, where time on the job and working hard resulted in promotions. They believed in long term assignments which gave them job security and stability. Conservative in their outlook on life, they believed in hierarchal work and home structures, with clear chains of command and top-down management with job – recognition, and respect for their experience.

The Baby Boomer

Born: Between 1946 and 1964

Age: Between 47 and 65

Education: Seen as a birthright

Influencers: Civil Rights, Space Travel, the Vietnam War, the Sexual Revolution, and the Cold War/Russia.

Family: Came from privileged backgrounds, due to their parents’ hard work and savings. Long work hours and living to work resulted in an imbalance and the family unit disintegration with the highest divorce rate and 2nd marriages in history.

Values: Value success but also thinks of themselves as a special generation, due to their radical views and democratic outlook. They have a broad continuity of values with older and younger generations and have a tendency to define the world in terms of the generations. The Baby boomers are post-War Babies who grew up to be the radicals of the 70’s and yuppies of the 80’s.

Money: As a group in general, they are the healthiest, most educated and wealthiest generation of that time and grew up with an optimistic outlook for life, their futures and the world as a whole.

They strived for the American Dream, they are well established in their careers and hold positions of power and authority, and as a result, they are seen as being greedy, materialistic and ambitious.

Motivation: The strongest motivator for this group is being valued, prestige, perks and their need for money, they define themselves by their professional accomplishments.

Work: Baby boomers live to work, they are loyal to their careers and employer. They have a strong work ethic, are multi-taskers and traditionally found their worth in working long hours (they established the 60 hour work week). Working hard gave them the self-worth and fulfillment they required.

They established “flat” organizational structures, democracy, equal opportunity, and creating a more humane, warm and friendly workplace.

They were rebellious against convention and tradition due to their conservative parents, however, they were also independent, confident and self-reliant with a competitive edge and goal orientation.

This hard work ethic led to this group being hesitant to take too much time off work for fear of losing their place in the corporate environment.

Now, the Baby boomers strive for a work-life balance with a leaning towards a healthy lifestyle and strong family bonds.

Baby boomers defined a new form of working – living to work, they were/are scared that not working hard will result in failure, being successful is all important.

Generation X / Gen X / The Doer / Post Boomers / 13th Generation

Generation X, the generation that has seen the most change in the shortest, brought up by Baby Boomers, technological advancements, changes in politics and the economy, democracy, black and women’s rights, space exploration and all this happening at an increasingly rapid rate.

Born: Between 1965 and 1980

Age: Between 31 and 46

Education: Seen as a way to get there

Influencers: Watergate, the energy crisis, Challenger disaster, The fall of the Berlin Wall, Persian Gulf War, AIDS, The Clinton Administration, Reagan Assassination Attempt, dual income families and single parents, first generation of Latchkey Kids, Y2K, the energy crisis, activism, corporate downsizing, the end of the cold war, mom’s that work, and an increase in the divorce rate / single parent units. Their major influence, however, is the media.

Family: Born after the Baby Boomers. Due to their workaholic Baby Boomer parents, their focus is on a clearer balance between work and family life.

Their perceptions were shaped by growing up having to take care of themselves early, with working mothers, an increase in the divorce rate and single parent units.

Money: They are the first generation that will NOT do as well financially as their parents did.

Values: Their values revolve around life balance, self-reliance and diversity, being entrepreneurial, and having fun.

Motivation: They crave independence, ignore leadership, are pragmatic, anti-establishment, unimpressed with and will test authority repeatedly.

Work: They are Highly Educated, think globally and are technically literate with high job expectations.

They are independent and informal with the result that they lack organizational loyalty, are cynical, pragmatic and would rather be self-employed or be able to move between employers if they so choose.

They take time off to “find themselves” as they are not worried about losing their place on the corporate team. They are however very loyal to their managers.

They are highly adaptable, confident, competent, ethical, results from focus, flexible, self-starters, willing to take on responsibilities and put in the extra time to get a job done if required and are more results driven than job driven. They work smarter and with greater output.

They are the first “day care” generation, where women are expected to work outside the home due to the requirement of dual incomes.

Mostly this generation value their time, time away from work, time with their families and time to have fun. They work to live, not live to work.

Generation Y / Gen Yer / Generation Next / Millennials / Echo Boomers / 24×7’s

Generation Y is the money spending generation, having seen economic expansion and experienced the booming economy, money has allowed for travel, gadgets, and fun.

Born: Opinions differ, but typically, between years of 1977 and 2000

Age: Between 11 and 34

Education: Seen as an incredible expense but the most educated generation, they will continue to study to enhance themselves in the work environment

Influencers: 9/11 – World Trade Center, Pentagon attack, Oklahoma bombings, terrorist attacks, AIDS, Internet access made available, Kids shooting kids, School uniforms, Death of Princess Diana and Mother Teresa, Timothy McVeigh execution, Globalization, George W. Bush. Their major influences are Friends, The Simpsons, Media and sports stars.

Family: Comfortable with a looser family structure, single mother/father family units, merged families (step mother or father) and have a new respect for the family unit. They are coddled kids, every child gets a prize even when you come last. Their parents have protected them from all the wrongs/evils of the world, and they are therefore more sheltered than any other generation. They are kept busy, with homework, after school activities and most of these kids have schedules. They consider their parents as their heroes.

Money: Have grown up in a world that has seen economic expansion. They are eager to spend money and therefore work to indulge in fun and gadgets. They shop around for the best deals and bargains. They are part of the purchasing power of the family and take part in purchasing decisions.

Values: Achievement oriented, loyal, confident, diverse, fun, sociable, techno-savvy, spiritual, they want everything now, optimistic, realists, members of a global community, high morals and very tolerant, competitive, like personal attention, street smart, and Individual in their thinking. They value their lifestyle over upward mobility. If presented with a work promotion that will throw their life out of balance, they will choose their lifestyle.

Motivation: They value their children, parents, and family, they believe they can change the world via technology, they hope to be the next great generation to turn all the wrongs into rights.

Work: Ambitious but not entirely focused. They want a balance between work, life, community involvement and self-development / mentoring by managers. They are entrepreneurial, effective, tenacious and good at multi-tasking but will be gone at 5 pm, they view work as a means to an end and live for the weekends.

They look to the workplace for direction and to help them achieve their goals. They will test authority but will seek them out when they need guidance and more readily accept older leadership than other generations. Gen Y is global and networked, they have grown up in a world with cell phones, computers, and the internet, they are always connected. They believe they can work flexibly anytime and anywhere, and that they should be evaluated for their output rather than where and when they got it done. They want long term employment, but on their own terms and with more of a collaborative work environment. There is a decrease in career ambition and would rather have more family time, less travel and less personal pressure. They have a “Me First ” attitude in their work life.

Generation Z / Net Generation / Dreamer Generation / Generation I / Generation @ / Generation 9/11 / 21st century generation

Relatively little has been established about this generation

Born: Roughly between the years of 1995-2010

Age: Between 1 and 16 they are the youngest generation, have older parents (late 20s to early 30s) and are being taught by older teachers (40s up). The youngest was born during the Global Financial Crisis of the late 2000s.

Education: They are the most formally educated generation in history, having started their education early and are projected to stay in education for longer than any other generation. Despite being in day care facilities, many children have structured after school activities, this has reduced free playtime. Parents help out more with homework and are becoming more like advisers to this generation.

These kids know how to multi-task effectively and place value on the speed of their work rather than accuracy. They are the most internet-savvy, technologically literate generation and have only known life with mobile phones, PC’s, the internet, and wireless networks.

Influencers: There major influencers are YouTube, Facebook, MySpace, Wikispaces, and User Generated Content. They are too young to remember the September 11th, 2001 attacks other than through the media but are aware of the threat of terrorism.

Family: The parents of Generation Z are working part time or are becoming stay-at-home parents so that their children are raised by them and other family members. They have been born into older, wealthier families with fewer siblings, more entertainment provided for them rather than creating their own and much more technological options.

Money: Compared to the previous generation they are much more consumer-oriented. Financially intelligent they make decisions on how to spend their money based on the latest trends and media mania. They are the most financially capable generation in history, having as much purchasing power in the home as Gen Y kids.

Values: Self-directed, individualistic, and media mongrels

Motivation: They are motivated by instant gratification (we want it and we want it now!), instant connectivity, communication with peers via technology, they are a highly connected generation and do not want to miss out on anything. They have had lifelong use of media technologies such as mobile phones, instant messaging, MP3 players, the world wide web resulting in the nickname – digital natives. These connective devices are now carried in their pockets with the internet available on mobile phones or iPads, making news, communication and homework easier and more adaptable to do anywhere, anytime. This Generation has been born into the mass media and technology revolution and has never known a life without it.

Work / School: Described as a generation that lacks ambition in comparison to previous ones due to their parenting and instant gratification, and further described as impatient and instant minded. As their attention span is much lower, with a high dependency on technology, as opposed to reading books and other printed material, there have been references by Psychologists of this generation having “Acquired Attention Deficit Disorder”.

They are a materialistic generation, that wants more and more technology at their fingertips. In the next decade, they will comprise 10% of our workforce, and they will be entering the workforce in an era of declining supply i.e. there will be more people exiting the workforce than entering it. This will result in a skills shortage, with an aging population and a global demand for labor, Gen Z will have a greater chance of finding work.

The Alpha Generation

Born: 2010 onwards

They will be truly the first millennial generation because they will be the first entirely born into the 21st century (some of the youngest members of Generation Z were born at the tail end of the 20th century). The next generation to watch and wait for.

How does understanding the different generations help you? Perhaps knowing the generational traits and personalities you are dealing with will help you understand why they tend to behave the way they do. Of course, every generation consists of many different personalities and cultures.

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baburaja97-blog · 7 years

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Reasons to Switch to Digital Scrapbooking

If you have stumbled across this article on your quest to answer the question, “Should I really go digital?” then you may want to continue reading. Scrapbooking took the world by storm in the 1990’s and it’s not going away. Maybe you’ve never scrapbooked in your life. Maybe you’ve been paper scrapping for years. But whatever your background, going digital might just be the best thing that ever happened to you. So if you aren’t sure if you should make the plunge, here are my top ten reasons why it’s worth it:

COST – Plainly put, it’s cheaper. That doesn’t mean there is NO cost, but the cost is considerably less and there is MUCH LESS WASTE. There are paper scrappers out there with entire rooms devoted to the hobby. People who purchase every pair of funky scissors, every color of ribbon, 12×12 papers stacked to kingdom come, gadgets for wire wrapping, chalking, cutting and gluing. Scrapping comes with more stuff than a set of twins (trust me on this) and is almost as expensive. Most of the things those gadgets could do can be performed quickly by using Photoshop. One program that does pretty much everything. Your cost is now this: Buy Photoshop, which is a one-time purchase and you are done–though you may want to upgrade every five years or so. You buy kits for about $2-6 apiece, and they never run out and can be re-used over and over again. You print your pages–either through a company or at home. It’s that simple. No more trips to the scrapbooking store. Buy online and have it instantly. No, digital isn’t by any means free, but it’s so much cheaper, easier, and more convenient.

SPACE – Paper scrapping is a mess. You know this. You cart everything around in your big bag, pull it all out, get it all started, and then what happens? Junior wakes up from his nap. The doorbell rings. Hubby comes home. And then, it’s time to make your decision: clean it all up, or leave it and hope you can get back to it before the children destroy it. Or, maybe you are one of those lucky, slightly obsessed people that have devoted an entire room of your house to scrapbooking. Really? A whole room devoted to a HOBBY? Digital Scrapping solves all these problems. Now you can sit at your computer, pull up all the files you need like your pictures, kits, etc, and when junior wakes up from his nap, all you have to do is walk away from your computer. No mess. Now you can convert that scrap room into something else–a home office with an awesome computer maybe?

NO FEAR– You can make mistakes–and you can undo them. Once you cut that picture in paper scrapping, you are committed. Fixing such an error would involve keeping your negatives or going to a store to print another copy, or using expensive ink and photo paper to print it at home. If you don’t like it, you are stuck. Digital means no more indecisiveness or fear that you will mess it up or not like it. Digital lets you try it, and try it again. And if you don’t like it, you can go a completely different direction. You are not cutting up originals, and you are not having to get original printed from your already digital pictures. Most of my originals from high school are now cut up into stupid shapes and covered with stickers. I am so upset about that. With digital, you aren’t messing with originals. You can always go back. And, as most people are using digital cameras anyway, if you go digital you won’t have to print individual pictures you can just pull them right in from your computer.

RESIZING – When paper scrapping first came out, the powers that be set the standard size page as 12×12. This was rather necessary, since printed pictures are usually 4×6, and you need the space to accommodate them. With digital, this is no longer a limitation. You can now resize your pictures doing entire pages with one large picture or squeezing 20 small ones on a page if you want. You no longer HAVE to stick to that 12×12 size. It’s still standard, but many digital scrappers are now printing on 10×10’s or 8×8’s, which are cheaper to print. I do 8 1/2 x 11–a size that drove me CRAZY in my paper scrapping days because I felt so limited. But with the ability to resize your photos, you have a lot more versatility in your layouts.

LEARNING A SKILL – I started using Photoshop, not for digital scrapbooking, but for photography. I then just sort of gradually picked up the scrapbooking stuff. And now I use this program every day for digital scrapbooking, work projects, social engagements, and as favors for friends. Yes, the program is daunting. Yes, it’s a little pricey. Yes, it will take you time and effort to learn it. BUT–remember that learning this program is a marketable skill that can be used in many other areas of your life. It’s the kind of thing you can put on a resume. It’s the kind of thing that can help you professionally. It will help you with your general computer skills and make you more proficient on the internet in the computer world something else you can put on your resume! This program is so versatile it can become something you do every day, and something your work comes to rely on you for. That’s how it’s been for me! There are tons of tutorials online, free and paid, that will help you learn.

PORTABILITY – Some might argue that digital scrapping is less portable than paper. And it’s true that if you don’t have a laptop, they are right–you’re stuck in your office. But if you DO have a laptop–trust me. It’s much easier to carry around a laptop than one of those big old scrapbooking bags. I store all of my kits on an external hard drive–kind of a necessity after a while, anyway, because they do take up a lot of space. If I want to scrap with friends, I bring my laptop and the hard drive. That’s it. And YES, you CAN have the same copy of Photoshop on two different computers, as long as you are the sole user of the program. So if you buy it, you can install it on your home computer and your laptop and not feel guilty or break any laws.

PHOTO EDITING – Photoshop allows you to “fix” or improve your photos before committing them to a page. If they are dark, out of focus, need to be repaired–you can do all of that in Photoshop. I lighten nearly every picture I use (clearly, I need a better flash!) The better you get at the program, the more you will learn that can help you do everything from changing your photos to black and white or sepia tone to editing out backgrounds or fixing tears or yellowing. You can also use those techniques to recolor any element or paper you are using to match your color scheme.

PRINTING – Printing can be looked at as one of the downsides of digital scrapbooking–it’s a necessary expense, and it can be the most expensive part of the whole process. But with it comes a great deal of versatility in how you want your books to look. Personally, I hated the big thick books that were so hard to store and look through. Fancy scrapbooking elements made my pages thick and bulky, and finding storage space for completed books is a challenge. I like the slim look of a professionally bound book. But if you really enjoy paper scrapping, you don’t have to switch entirely. You can still print your pages on 12×12’s, then slip them into slipcovers in your thick books right along with paper scrapped pages. There are simply a lot more options when you do it digitally.

MULTIPLE COPIES – When you paper scrap, making the second copy of a page is time-consuming and boring. Digitally, you can simply print another copy. So when you do books for each child, for example, you can put the same page in each of their books with very little effort on your part. Or you can change it just slightly for each. I’m having twins, and I plan on having many of the pages in their books be similar–same wording and pictures, perhaps, but using different colors or just changing the title from one twin’s name to the other. If you do your books in a bound book, you can simply order another copy. I made an ABC book for my daughter in October, and it just got water all over it. I love knowing that I can just go online and order it again. Or I can go in and update it (which I plan to do after the twins get here) and then order the newer version. Can you imagine replacing a paper scrapped book that was destroyed by water? It would be absolutely devastating!

SHARING ONLINE – Digital pages are so easy to share with friends and family. You can put upload them to a blog, Facebook or a website with very little effort. Trust me, it’s much easier than trying to scan in a 12×12 layout! Many websites where you print your books have features where you can give the URL to friends and family, and they can actually flip through the book online. They can even order it–say you create a book all about Great Grandma Martha–they can go to the company you are printing it and just purchase their own copy. There are many digital scrappers that don’t print at all–they share their pages online through various mediums and that is satisfying enough.

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baburaja97-blog · 7 years

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New Post has been published on Vin Zite

New Post has been published on https://vinzite.com/humans-enslaved-era/

Humans Enslaved Era

By “humans enslaved” I mean not so much physical ownership and physical slavery imposed on you by others, the form of slavery that has been and often still is practiced in the world, but often self imposed mental slavery. You are a slave and what is enslaving you is in fact you. But if you want a scapegoat, you can pin the blame on society for brainwashing you in the first place since none of what follows is hardwired or innately carved into your little grey cells.

TIME: The basic premise here is that when the clock ticks, you jump. How often do we say “Can’t talk now”; “I’m late”; “Gotta run”; “Its kick-off time” or its time for (the meeting, catching the train, the dinner party, etc.). It never ends. Alarm clocks, the factory siren, the referee’s whistle, your life is regulated by the clock from the moment you get up in the morning till the moment you lie down at night. You are indeed a slave to Father Time!

MONEY: Money is not always of root of all evil. Some people are just born nasty! Still, the average person worships the great dollar bill (or equivalent), and for good reason – you avoid getting a “go to jail” card since you can pay your bills. But quite apart from the necessities – bills, the rent/mortgage, food, clothing, heat, education and medicine – we tend to be slaves in not just needing, but wanting, more and more and more, and more and more and more requires more and more and more money. And thus, a major part of our existence and purpose is to acquire wealth – and that’s hardly something that’s modern to the here and now. It’s been that way since Methuselah was a brat in diapers (and even before that when you consider those Ancient Egyptian tomb robbers). If your bank account is bigger than anyone else’s, well it’s the golden rule – them who has the gold makes the rules. Be it gold or the dollar bill, you’re a slave in pursuit.

POSSESSIONS: Be it gold or the dollar bill, you’re a slave in pursuit. Why? You want things, stuff, possessions. You get bragging rights if your (fill in the blank) is bigger, more expensive, and/or larger in quantity, than that of your peers. You are a slave to obtaining stuff way above and beyond the basic necessities for all sorts of psychological reasons. Instead of the application of “enough is enough”, you let the concept of “shop till you drop” rule your mental roost.

FADS & FASHIONS – THE LATEST MUST-HAVES: You are blitzed with hundreds of ads per day, in print, on TV, on the radio, on the Internet, even non-promotional ‘ads’ in the form of news stories, articles, etc. that note and log trends in society. You are told, via these ads and ‘ads’ what’s hot and what’s not. What’s the latest style in ladies shoes? What are the latest in-colours? Should you get carpet or tiles? What’s the newest kitchen gadget? What’s the newest toy? What’s all the latest rage in laptops? What’s the hottest new TV show either on TV or on DVD? The list of fads and fashions that you MUST HAVE are as lengthy as a telephone book! From the hula hoop to the whitewall tire; from the microwave to the convertible; from the espresso coffeemaker to the miniskirt (or hotpants); now what’s the latest bestseller in books? Who’s the latest artist with a top ten hit? Of course multi-millions part with their $$$ all in pursuit of owning the latest MUST HAVE – actually it’s MUST HAVES, hundreds of MUST HAVES. And so we are slaves to Madison Avenue and equivalents around the county and around the world. And it must work. The ads have enslaved us (though the buck stops with you) otherwise there’d be no new fads and MUST HAVE fashions. But of course today’s MUST HAVE is next week’s BORING, to be replaced of course with a newer version of MUST HAVES! It never ends.

MARKETING: Even if you apparently don’t want unnecessary possessions and don’t partake of the latest fads and fashions, there’s a whole marketing enterprise out there designed to make you reconsider and dance to their tune; grab you by the privates and make your heart, mind and wallet follow to the beat of their drum. You’re hopelessly outnumbered and outgunned. There are numerous ploys or tricks into making you cough up your money, often slogans and buzz phrases. See if you recognize a few: “Last chance”; “Never to be repeated”; “Our pain is your gain”; “Below cost”; “No extra cost to you”; “Hurry, last days”; “On sale”; “Exclusive to”; “Limited offer”; “Limited edition”; “Once in a lifetime offer”; “Sale ends…”; “Limited time only”; “Buy two get one free”, and hundreds more buzz phrases. There are many variations on the theme. I mean this type of strategy works; otherwise the strategy would have been abandoned eons ago. You may think you’re immune, but the odds are your enslaved just the same.

APPEARANCES: If there ever was an obsession, this is it. From time immemorial, anyone and everyone has been a slave to how they appear to anyone and everyone else. But if you stop and think about it, what counts is the real you, what you represent; your characteristics; your personality. How you dress, your hairstyle, your makeup, your adornments, your house, your car; your social smarts and etiquette are really irrelevant. If you go to work in a smart suit and tie, or in your birthday suit, neither has anything whatever to do with how competent you are to do the job you are paid to do. A Nobel Prize winner is still a Nobel Prize winner even if he plays the bongo drums, likes to visit strip clubs, womanise, and lists safecracking as a hobby! Without naming names, the late Nobel Prize winning theoretical quantum physicist Richard P. Feynman’s book “What Do You Care What Other People Think?” should sum up the concept that superficial appearances are just that – superficial. Would you sooner go down in history as a snappy dresser without a hair out of place, or as an Einstein, notorious for having a rather poor sense of adornments or dress sense?

LIFESTYLE: You can accept the fact that some people are better athletes than you; some people are smarter than you; some people are better at leadership than you. But you probably cannot accept that some people have, and deserve to have, a better lifestyle than you.

Humans constantly compare themselves to others. It’s hard not to when the lifestyle of others, especially the rich and famous, are thrust in our faces by all manner of ways and means; from quality news sources to the tabloids. And much like the often artificial desire for stuff, to have the latest gadget, to be attractive to the rest of the world, so too do we cultivate in our mind’s eye an idealistic lifestyle that we can strive for, but never achieve, since we keep raising the bar because someone else’s bar is above ours. No matter what your lifestyle level is, you know someone who has a better lifestyle, and since you feel you are their equal (or probably their better) you acquire an attitude “I deserve.”

Two points: someone has to be ‘top dog’, and that ‘top dog’ is relative. ‘Top dog’ could mean wealth; it could mean health; it could mean education, it could be fame; it could be achievement, it could mean lots of things, but it’s not going to all of the above simultaneously. So, you have to pick-and-choose what lifestyle means to you. But whatever criteria you choose to pursue, of course someone else will have already scaled that Mount Everest. Rather than accept your place in life as somewhat below the summit, you often become enslaved to reach the summit too. Of course with lots of people desiring the same, that summit in theory could get awfully crowded, and as we all know from childhood, there can only be one “king of the mountain” at ay one time. That fact however never seems to reduce your enslavement to climb, ever climb and knock that other bastard off their perch!

TRADITIONS & HABITS: More likely as not, you’re a slave to various traditions and personal habits. You might say something like “that’s the way my parents did it; that’s the way their parents did it and their parents before them and as far back as you care to go – it’s tradition and we observe tradition and no correspondence will be entered into on the matter!” Or, it’s such-and-such a time; such-and-such a day or date, therefore such-and-such will be done or observed. Sound slightly familiar? We’re often creatures of, slaves to, tradition and habits without ever stopping to question “why”?

CHRISTMAS: Christmas just has to be singled out especially from the rest of the book of days because it’s at the extreme end of our numerous traditions and habits. By any way you care to measure things, Xmas can be the best of times but it’s usually the worst of times (conveniently forgotten one year on). The Xmas propaganda (i.e. – the Xmas Season) starts months before the appointed date and is relentless in its build-up and intensity. It extends several weeks past the use-by date when the Xmas wrapping paper and Xmas cards are now 50% off, and those post Xmas sales where you’re tempted to by next years Xmas gifts now. And then the Xmas bills arrive just to remind you about all those fun times you had over the past several months.

Do you do Xmas because you want to, or because society has so shoved this concept down your throat ever since you were knee high to a cockroach that you now just go through the motions by rote because you have got to appease that great deity called “Shop Till You Drop”? Translated, do you do Xmas just because it’s expected of you? The latter you admit? I thought so. I mean what sane person voluntarily desires to max out their credit cards for gifts for others who probably don’t need or want them and will just shove them towards the back of their closet? What sane person voluntarily spends hours in crowded stores just for the pleasure or satisfaction of maxing out their credit cards on behalf of others? There’s hardly a store you can shop in that isn’t loaded to the rafters with Xmas trimmings. What sane person would voluntarily, laughing all the way (Ho, Ho, Ho), spend hours writing and addressing Xmas cards to persons they really don’t give a damn about? And isn’t it just jolly good fun wrapping up all those gifts? Do you honestly look forward to hearing all those Xmas songs for the millionth time? There’s hardly a shop in town (not to mention buskers) that doesn’t bombard you with endless repetitions of Xmas music. How the staff can stand it is quite beyond me.

I’m sure you just love being exposed to Xmas spin multi-thousands of times per Xmas Season and not just the repetitious music and endlessly reading the word “Christmas” or “Merry Christmas” but those endlessly repeating Xmas images and Xmas colours. It hardly qualifies as subtle or subliminal – you’re clobbered over the head and you love it – “pay attention stupid, it’s time to do your Xmas bit or else there’s no Santa for you!” Now this isn’t some national emergency as in “Uncle Sam Needs You!”, rather the Chief Executive Officers of the retail sector need you, especially if they are to get their Xmas bonuses!

And what about slaving over the kitchen stove preparing that special Xmas meal for all those relatives you’d really rather poison? Speaking of Xmas dinner, why not try something different for a change, like pizza, spaghetti, macaroni & cheese, chicken pot pie or even sirloin steak. Fish & chips would make a nice change too! No? It has to be ham or turkey and plum pudding / mince pies / Xmas fruit cake according to someone’s (whose long since dead) tradition. Actually it’s not your fault. That’s the Xmas dinner fare that the supermarket catalogues and store displays feature, in LARGE PRINT, that twist your arm and in a manner of speaking end up shoving this must-have-because-it’s-traditional Xmas fare down your throat; this time literally! Boring! Same old fare! No imagination! So, being an independent minded SOB, its fish & chips for Xmas dinner for me (and no leftovers either).

So why do you do it, year after year after year? Because society says it’s that time of year to test your ‘right stuff’, to see if your heart (and sanity) can stand the pressure one more year. Society says you snap to attention at Xmas and you reply, via your wallet, “Yes sir! I will sir. Thank you sir”! Society says you will run the annual Xmas obstacle course, and run it you do, and aren’t you proud of yourself, huffing & puffing, when you cross the finish line. So, if you do Xmas for any reason other than because you want to, you really honestly and truly want to, then you’re enslaved, hook, line and Xmas sinker.

Quite apart from the commercial aspects, you’re enslaved to Xmas if you do Xmas for religious reasons because you’re still being led up the garden path by the nose. Why? It’s because you’re celebrating Xmas for the wrong ‘religious’ reason. Xmas is all about a natural rebirth, not about a supernatural birth. The latter, the alleged birth of a Christ, was superimposed by the Christian church over the real pagan reason for celebration around the late December period. That original celebration centred on the return of lengthening daylight after the Northern Hemisphere’s Winter solstice. Therefore, celebrating Xmas as the birth of Christ is not only incorrect, but irrational in that the date of Christ’s birth isn’t know by anyone. And celebrating Xmas for any reason in the Southern Hemisphere is ludicrous for either of the above possibilities. You’ve all been suckered yet again.

TECHNOLOGY: We’re enslaved to our technology fixes, and to those repairmen and their extravagant bills who fix our fixes when those fixes need fixing. I mean when the TV goes on the blink; when the hard drive crashes, the fridge conks out, even when there’s a power failure, well we may not panic, but we get a tad close to it. We’ve all seen those quasi end-of-the-world movies where the few survivors have to rebuild civilization from scratch without all those modern technological conveniences like gasoline and electricity, and it’s not easy. Could you survive without supermarkets and clothing stores or modern hardware shops? Would you like the task of separating a teenager from her Twitter or Facebook? Video game addiction is well known. The commuter who has to, shock horror, take the bus because the car broke down is NOT a happy camper. So what bits of technology are you enslaved to, and who forced you to adopt those bits in the first place?

AUTHORITY: I haven’t received my bill – I’m not at fault yet if I don’t do something the powers-that-be are sure to cut off my (fill in the blank) for non-payment. Do you ever find yourself in that sort of situation? The onus is always on you to rectify things even when you’re totally innocent of any wrongdoing. I’ve found myself, usually several times a year, having to chase up items which could result, if I fail to do so, in some bureaucratic authority figure come crashing down on me even though I’m not at fault of any wrongdoing. That’s enslavement. We’re enslaved to another deity – the great god of bureaucracy. We’ve all had experiences akin to banging our heads against a bureaucratic stone wall. It’s always the ordinary person who has to prove, out of fear of some authority, that it was the system at fault, and since when does any authority figure admit that the bureaucratic system to which they are a part of is flawed? The ordinary person is guilty till proven innocent; it’s never the fault of the system.

POWER: Power may not always corrupt and absolute power may not always corrupt absolutely, but we tend to seek power; we’re all slaves to seeking power and all slaves to keeping what power we have. It may be very local like the husband who beats the wife who in turn screams at the eldest kid, to the older brother who was screamed at now in turn bullying his younger sibling, to that brat kicking the dog, who then chases the cat. I guess it stops with the cat. Of course it might be power at the office – always seeking promotion so that you have more people under your command/supervision. It might be seeking political power, from local mayor to prime minister. But we all feel good having someone, or something, we have power over.

LEAVING YOUR MARK – LEGACY & POSTERITY: You don’t have to leave any physical record of yourself behind, not even a carved tombstone, but you’re a slave to whatever inner drive compels you to do so. People tend to be obsessed (a form of mental slavery) with being noticed, even after death and even if only anonymously. There’s architecture, from the pyramids to Stonehenge to modern skyscrapers and houses. There’s graffiti (not a modern phenomenon). There’s artistic works from hieroglyphs and cave art and petroglyphs to all the various arts and crafts we have today as well as those that form part of our cultural legacy. The upshot is that in the long term, while most try, few succeed. How many of those hundreds of thousands of Ancient Greeks are remembered today, yet probably nearly all sought some sort of long-term legacy.

HOBBIES: Hobbies are any dedicated activity not normally related to day-to-day survival, usually, but not always involving collecting things. If you started to list now the various hobbies engaged in by peoples around the world, past and present, you’d probably still be jotting them all down this time next year! The critical point is that all too often the hobby controls you and not the other way around. Much of your entire existence and purpose revolves around your personal hobby obsession. It’s that transition from fan to fanatic that marks you as enslaved.

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baburaja97-blog · 7 years

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New Post has been published on Vin Zite

New Post has been published on https://vinzite.com/batman-arkham-city-3d-review/

Batman: Arkham City 3D Review

3D saves a PC game plagued with bugs and a missing DX11.

Chances are you know who Batman is. If not, he’s this dude who wears tights and likes to swing around tall buildings. Not to be confused with Spiderman, who also wears tights and likes to swing around tall buildings. Chances are you have also played Batman: Arkham Asylum and know the score. If not, Batman Arkham Asylum is a third-person action-adventure game based on that Batman guy. Batman: Arkham Asylum was developed by Rocksteady Studios and was released in 2009. It was a good year to be a Bat, and the game was met with rave reviews and its fair share of awards.

Batman: Arkham City is the sequel to the successful Arkham Asylum. Arkham City is a maximum security prison for the nastiest criminals that Gotham City has to offer. As chance would have it, Bruce Wayne gets his ass tossed into Arkham City for opposing the new prison’s existence, and is forced to go all “Escape from New York”. Within moments, Bruce manages to score his crime-fighting equipment and become his alter ego, Batman. We all watch TV, anything can be got in prison if you know the right people. I don’t want to get all nuts with spoilers, so let’s sum up the story by saying that Catwoman drops in, Batman runs into an old flame, fails to get laid, Robin makes a brief appearance and Alfred is only a radio signal away. On “team naughty”, Batman bumps into a load of our favorite baddies, including Harley Quinn (damn, she’s annoying), Two-Face, Mr. Freeze (possibly the toughest boss fight of the game), The Joker, Penguin, Hugo Strange, Poison Ivy, Clayface and plenty more crazies.

Batman: Arkham City is a single-player game with the main storyline which sees Batman seeking a cure to a disease which could wipe out a superhero or two. In addition to the main story, you will regularly unlock side missions, which can either be completed right away or put aside for later. The side missions are just as good as those that are included in the main story, which makes for a lot of awesome added gameplay. In addition to the side missions, you’ve got the Riddler to contend with. Cataloging and collecting Riddler’s trophies is an addictive game within the game. Then there are the challenge maps, which make for some excellent mindless melee fun. Challenge maps are unlocked as you play through the game, and more are available in DLCs. There are three funky flavors to hone your Bat-skills with, including ranked leaderboard combat, timed campaigns, and custom rules.

Technical

In Arkham City, there is always a superhero around when people need one, in real life, there certainly was no superhero around to help me gain access to the game. First, you enter your key on Steam, then you enter your key for SecuRom (if you’re lucky it accepts it the first time; I was not lucky), then you have to tie it all together with Games for Windows Live. GFWL was the primary bottleneck. I spent an hour trying to log in to GFWL as it gave me some song and dance about needing to update. Like really, what’s the point of this kind of layering? The games are going to get pirated all the same, and according to many, the reason the PC version of Arkham City was delayed was so that they could maximize sales from the console versions first.

When Batman: Arkham City has released just over two weeks ago, PC gamers were disappointed to find out that DX 11 was buggered. Upon launch, Rocksteady immediately recommended DX 9, as reports of DX 11 performance issues began making the rounds. People wondered how something like this, a selling point like DX 11, could have made it through testing and out the door for launch. It took a couple of weeks, but a DX 11 patch was finally released. The outcome was not really worth the wait, and many are still plagued with low FPS and game-breaking bugs. I consider myself one of the lucky, as I only spent about four hours dealing with crashes and bugs that would not allow me to proceed further in the game.

Arkham City comes with a built-in benchmark tool, so using both that and Fraps I grabbed some quick stats to share. Right before publishing this review a patch was released for Batman: Arkham City, which in part addresses the DX 11 issues. Running Alienware M17x laptop /w NVIDIA GeForce GTX 580M and 6GB RAM / 3D Vision (not 3D Vision 2), at 1920 x 1080. Both DX 9 and DX 11 were run with all settings max, including detail level, tessellation, and PhysX.

The DX 11 patch seems to be hit and miss. For many people, it solved the issue of poor frames while running DX 11. For others, it buggered things up even more. For me, the patch DID improve FPS in DX 11, but oddly lowered frames with DX 9. Go figure.

On my system, the best settings for performance and aesthetics are DirectX 11 (very high) and PhysX set to “Normal”, this works out perfectly both with and without 3D Vision enabled.

Combat

Combat in Arkham City is ridiculous, while also being ridiculously fun. Here’s the ridiculous bit… there were very few times during the game that I needed any sort of strategy in order to win an encounter. A couple of bosses had an attack pattern that had to be learned in order to defeat them, but outside of that, you can literally finish the game by repeatedly hitting your left mouse button. In fact, I broke a mouse playing Arkham City. Yup, button-mashed it to death. While using special attacks makes combat more fun, it isn’t actually necessary. Now for the ridiculously fun part… combat is an absolute joy to watch, and even if you don’t have mad take-down skills, the simple act of punching, kicking and evading is wicked fun. That said, if you want to kick ass on the challenge maps then you’ll need a bit more than button-mashing. The challenge maps are slightly more skill-based and if you want to rank then you’ll have to use combos and special moves.

Sometimes I thought I preferred combat while playing as Catwoman because she’s mean, lean and fast as hell. But after a while, I’d sort of start missing the Bat. Both characters have their own missions, skills, and gadgets, but the character I really would have liked to play is Robin. While the Robin Bundle DLC will allow you to play the Boy Wonder, you will only be able to do so on challenge maps. I’d rather be able to play him inside missions like you can with Catwoman. Sadly, Robin’s appearance in the game was very brief, and although he was looking buff, tough and not at all like the Robin we all grew up with, Batman simply bitched him out and told him to piss off. So that was that.

NVIDIA 3D Vision

One of my first experiences with 3D was seeing Friday The 13th Part 3 in 3D. I walked five miles through the snow with no shoes to see it at the theater. It was crap, but exciting at the same time, and it was the best we had. For the next quarter century, I would associate 3D with eye strain and headaches. Whenever I post about 3D Vision on VE3D the post is met with comments like “I’m too old for 3D, I don’t need the eye strain” or “3D gives me headaches”. Exactly the things that I had always associated with it. Well, Toto, it looks like we’re not in Kansas anymore! This ain’t grandma’s 3D. I’ll admit that I’ve reached the age where reading glasses come in handy. I didn’t have much interest in 3D. Mostly I was afraid to try it because I thought my head would explode. I guess I had read into the old school hype a bit too much. But I survived 3D, and am loving every second of it. Eye of the tiger baby, an eye of the tiger. Plus I look cool in the glasses.

Since I just recently began gaming in 3D, my experiences are limited. What I have noticed so far is that 3D Vision adds an extra layer of realism to games. 3D games come alive, giving you a greater feeling of actually being there. In Batman: Arkham City this is especially true, particularly when grappling around the city and using gadgets. Even cut scenes are great in 3D. All of the villains in Arkham City look amazing and force you to keep watching, even if you don’t normally enjoy cut scenes. Graphics look sharper, and cleaner and flaws that you would see while out of 3D tend to get smoothed over. If I was to slap a number on Batman: Arkham City without 3D Vision, the game would land a 7/10 (70%). While Arkham City is a truly entertaining trip through the gutters of Gotham, the bugs and the graphic issues that the game shipped with are not acceptable. Waiting over two weeks for a half-assed patch is also not acceptable.

Because 3DV enhanced my Arkham City experience, Batman: Arkham City 3D is a 9/10 (90%), and worth its weight in guano.

What I Liked:

Gloom and doom atmosphere makes for some very immersive gameplay.

The story is actually interesting, you’ll want to watch the cutscenes.

Both Batman and Catwoman show wear and tear in their costumes as the game go on.

Catwoman side-missions, it was fun to take a break from Batman and spend some time crawling on ceilings.

Challenge maps are a good workout and a nice change of pace, actually requiring some combat skill.

Voice acting is great.

I can’t wait to get back in and collect more Riddler trophies.

Arkham City is totally engrossing, and the experience is even further enhanced when playing in 3D.

What I Didn’t Like:

A three-layer activation process.

No side-missions for Robin.

Getting stuck to my Batarang on a block of ice for two hours.

Spending another two hours trying to figure out why I couldn’t dive-bomb.

I would have loved to see Arkham City in the daylight.

A little too much traveling back and forth across the city.

Combat, while fun to watch, requires no skill.

Crashing during the closing cinematic.

Finishing the game before a DX 11 patch was released.

Trying to find a good tutorial on 3DV video rendering.

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baburaja97-blog · 7 years

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New Post has been published on https://vinzite.com/understanding-the-cloud/

Understanding The Cloud

For the last couple of years the IT industry has been getting excited and energised about Cloud. Large IT companies and consultancies have spent, and are spending, billions of dollars, pounds and yen investing in Cloud technologies. So, what’s uh, the deal?

While Cloud is generating lot more heat than light it is, nonetheless, giving us all something to think about and something to sell our customers. In some respects Cloud isn’t new, in other respects it’s ground-breaking and will make an undeniable change in the way that business provides users with applications and services.

Beyond that, and it is already happening, users will at last be able to provide their own Processing, Memory, Storage and Network (PMSN) resources at one level, and at other levels receive applications and services anywhere, anytime, using (almost) any mobile technology. In short, Cloud can liberate users, make remote working more feasible, ease IT management and move a business from CapEx to more of an OpEx situation. If a business is receiving applications and services from Cloud, depending on the type of Cloud, it may not need a data centre or server-room any more. All it will require is to cover the costs of the applications and services that it uses. Some in IT may perceive this as a threat, others as a liberation.

So, what is Cloud?

To understand Cloud you need to understand the base technologies, principles and drivers that support it and have provided a lot of the impetus to develop it.

Virtualisation

For the last decade the industry has been super-busy consolidating data centres and server-rooms from racks of tin boxes to less racks of fewer tin boxes. At the same time the number of applications able to exist in this new and smaller footprint has been increasing.

Virtualisation; why do it?

Servers hosting a single application have utilisation levels of around 15%. That means that the server is ticking over and highly under-utilised. The cost of data centres full of servers running at 15% is a financial nightmare. Server utilisation of 15% can’t return anything on the initial investment for many years, if ever. Servers have a lifecycle of about 3 years and a depreciation of about 50% out of the box. After three years, the servers are worth anything in corporate terms.

Today we have refined tool-sets that enable us to virtualise pretty much any server and in doing that we can create clusters of virtualised servers that are able to host multiple applications and services. This has brought many benefits. Higher densities of Application servers hosted on fewer Resource servers enables the data centre to deliver more applications and services.

It’s Cooler, It’s Greener

Besides the reduction of individual hardware systems through expeditious use of virtualisation, data centre designers and hardware manufacturers have introduced other methods and technologies to reduce the amount of power required to cool the systems and the data centre halls. These days servers and other hardware systems have directional air-flow. A server may have front-to-back or back-to-front directional fans that drive the heated air into a particular direction that suits the air-flow design of the data centre. Air-flow is the new science in the IT industry. It is becoming common to have a hot-isle and a cold-isle matrix across the data centre hall. Having systems that can respond and participate in that design can produce considerable savings in power requirements. The choice of where to build a data centre is also becoming more important.

There is also the Green agenda. Companies want to be seen to be engaging with this new and popular movement. The amount of power needed to run large data centres is in the Megawatt region and hardly Green. Large data centres will always require high levels of power. Hardware manufacturers are attempting to bring down the power requirements of their products and data centre designers are making a big effort to make more use of (natural) air-flow. Taken together these efforts are making a difference. If being Green is going to save money, then it’s a good thing.

Downsides

High utilisation of hardware introduces higher levels of failure caused, in the most part, by heat. In the case of the 121 ratio, the server is idling, cool and under-utilised and costing more money than necessary (in terms of ROI) but, will provide a long lifecycle. In the case of virtualisation, producing higher levels of utilisation per Host will generate a lot more heat. Heat damages components (degradation over time) and shortens MTTF (Mean Time To Failure) which affects TCO (Total Cost of Ownership = the bottom line) and ROI (Return on Investment). It also raises the cooling requirement which in turn increases power consumption. When Massive Parallel Processing is required, and this is very much a cloud technology, cooling and power will step up a notch. Massive Parallel Processing can use tens of thousands of servers/VMs, large storage environments along with complex and large networks. This level of processing will increase energy requirements. Basically, you can’t have it both ways.

Another downside to virtualisation is VM density. Imagine 500 hardware servers, each hosting 192 VMs. That’s 96,000 Virtual Machines. The average number of VMs per Host server is limited by the number of vendor-recommended VMs per CPU. If a server has 16 CPUs (Cores) you could create approximately 12 VMs per Core (this is entirely dependent on what the VM is going to be used for). Therefore it’s a simple piece of arithmetic, 500 X 192 = 96,000 Virtual Machines. Architects take all this into account when designing large virtualisation infrastructures and make sure that Sprawl is kept strictly under control. However, the danger exists.

Virtualisation; The basics of how to do it

Take a single computer, a server, and install software that enables the abstraction of the underlying hardware resources: Processing, Memory, Storage and Networking. Once you’ve configured this virtualisation-capable software, you can use it to fool various operating systems into thinking that they are being installed into a familiar environment that they recognise. This is achieved by the virtualisation software that (should) contain all the necessary drivers used by the operating system to talk to the hardware.

At the bottom of the virtualisation stack is the Hardware Host. Install the hypervisor on this machine. The hypervisor abstracts the hardware resources and delivers them to the virtual machines (VMs). On the VM install the appropriate operating system. Now install the application/s. A single hardware Host can support a number of Guest operating systems, or Virtual Machines, dependent on the purpose of the VM and the number of processing cores in the Host. Each hypervisor vendor has its own permutation of VMs to Cores ratio but, it is also necessary to understand exactly what the VMs are going to support to be able to calculate the provisioning of the VMs. Sizing/Provisioning virtual infrastructures is the new black-art in IT and there are many tools and utilities to help carry out that crucial and critical task. Despite all the helpful gadgets, part of the art of sizing is still down to informed guesswork and experience. This means that the machines haven’t taken over yet!

Hypervisor

The hypervisor can be installed in two formats:

1. Install an operating system that has within it some code that constitutes a hypervisor. Once the operating system is installed, click a couple of boxes and reboot the operating system to activate the hypervisor. This is called Host Virtualisation because there is a Host operating system, such as Windows 2008 or a Linux distribution, as the foundation and controller of the hypervisor. The base operating system is installed in the usual way, directly onto the hardware/server. A modification is made and the system is rebooted. Next time it loads it will offer the hypervisor configuration as a bootable choice

2. Install a hypervisor directly onto the hardware/server. Once installed, the hypervisor will abstract the hardware resources and make them available to multiple Guest operating systems via a Virtual machine. VMware’s ESXi and XEN are this type of hypervisor (on-the-metal hypervisor)

The two most popular hypervisors are VMware ESXi and Microsoft’s Hyper-V. ESXi is a stand-alone hypervisor that is installed directly onto the hardware. Hyper-V is part of the Windows 2008 operating system. Windows 2008 must be installed first to be able to use the hypervisor within the operating system. Hyper-V is an attractive proposition but, it does not reduce the footprint to the size of ESXi (Hyper-V is about 2GB on the disk and ESXi is about 70MB on the disk), and it does not reduce the overhead to a level as low ESXi.

To manage virtual environments requires other applications. VMware offers vCenter Server and Microsoft offers System Center Virtual Machine Manager. There are a range of third-party tools available to enhance these activities.

Which hypervisor to use?

The choice of which virtualisation software to use should be based on informed decisions. Sizing the Hosts, provisioning the VMs, choosing the support toolsets and models, and a whole raft of other questions need to be answered to make sure that money and time is spent effectively and what is implemented works and doesn’t need massive change for a couple of years (wouldn’t that be nice?).

What is Cloud Computing?

Look around the Web and there are myriad definitions. Here’s mine. “Cloud Computing is billable, virtualised, elastic services”

Cloud is a metaphor for the methods that enable users to access applications and services using the Internet and the Web.

Everything from the Access layer to the bottom of the stack is located in the data centre and never leaves it.

Within this stack are many other applications and services that enable monitoring of the Processing, Memory, Storage and Network which can then be used by chargeback applications to provide metering and billing.

Cloud Computing Models

The Deployment Model and the Delivery Model.

Deployment Model

– Private Cloud – Public Cloud – Community Cloud – Hybrid Cloud

Private Cloud Deployment Model

For most businesses the Private Cloud Deployment Model will be the Model of choice. It provides a high level of security and for those companies and organisation that have to take compliance and data security laws into consideration Private Cloud will be the only acceptable Deployment Model.

Note: There are companies (providers) selling managed hosting as Cloud. They rely on the hype and confusion about what Cloud actually is. Check exactly what is on offer or it may turn out that the product is not Cloud and cannot offer the attributes of Cloud.

Public Cloud Deployment Model

Amazon EC2 is a good example of the Public Cloud Deployment Model. Users in this case are, by and large, the Public although more and more businesses are finding Public Cloud a useful addition to their current delivery models.

Small business can take advantage of the Public Cloud low costs, particularly where security is not an issue. Even large enterprises, organisations and government institutions can find advantages in utilising Public Cloud. It will depend on legal and data security requirements.

Community Cloud Deployment Model

This model is created by users allowing their personal computers to be used as resources in a P2P (Point-to-Point) network. Given that modern PCs/Workstations have multiprocessors, a good chunk of RAM and large SATA storage disks, it is sensible to utilise these resources to enable a Community of users each contributing PMSN and sharing the applications and services made available. Large numbers of PCs and, possibly, servers can be connected into a single subnet. Users are the contributors and consumers of compute resources, applications and services via the Community Cloud.

The advantage of the Community Cloud is that it’s not tied to a vendor and not subject to the business case of a vendor. That means the community can set its own costs and prices. It can be a completely free service and run as a co-operative.

Security may not be as critical but, the fact that each user has access at a low level might introduce the risk of security breaches, and consequent bad blood amongst the group.

While user communities can benefit from vendor detachment it isn’t necessary that vendors are excluded. Vendor/providers can also deliver Community Cloud, at a cost.

Large companies that may share certain needs can also participate using Community Cloud. Community Cloud can be useful where a major disaster has occurred and a company has lost services. If that company is part of a Community Cloud (car manufacturers, oil companies etc.) those services may be available from other sources within that Cloud.

Hybrid Cloud Deployment Model

The Hybrid Cloud is used where it is useful to have access to the Public Cloud while maintaining certain security restrictions on users and data within a Private Cloud. For instance, a company has a data centre from which it delivers Private Cloud services to its staff but, it needs to have some method of delivering ubiquitous services to the public or to users outside its own network. The Hybrid Cloud can provide this kind of environment. Companies using Hybrid Cloud services can take advantage of the massive scalability of the Public Cloud delivered from Public Cloud providers, while still maintaining control and security over critical data and compliance requirements.

Federated Clouds

While this is not a Cloud deployment or delivery model per se, it is going to become an important part of Cloud Computing services in the future.

As the Cloud market increases and enlarges across the world, the diversity of provision is going to become more and more difficult to manage or even clarify. Many Cloud providers will be hostile to each other and may not be keen to share across their Clouds. Business and users will want to be able to diversify and multiply their choices of Cloud delivery and provision. Having multiple Clouds increases the availability of applications and services.

A company may find that it is a good idea to utilise multiple Cloud providers to enable data to be used in differing Clouds for differing groups. The problem is how to control/manage this multiple headed delivery model? IT can take control back by acting as the central office clearing house for the multiple Clouds. Workloads may require different levels of security, compliance, performance and SLAs across the entire company. Being able to use multiple Clouds to fulfil each requirement for each workload is a distinct advantage over the one-size-fits-all principle that a single Cloud provider brings to the table. Federated Cloud also answers the question of How do I avoid vendor lock-in? However, multiple Clouds require careful management and that’s where the Federated Cloud comes in.

So, what is stopping this happening? Mostly it’s about the differences between operating systems and platforms. The other reason is that moving a VM can be difficult when that VM is 100GBs. If you imagine thousands of those being moved around simultaneously you can see why true Cloud federation is not yet with us, although some companies are out there trying to make it happen. Right now you can’t move a VM out of EC2 into Azure or OpenStack.

True federation is where disparate Clouds can be managed together seamlessly and where VMs can be moved between Clouds.

Abstraction

The physical layer resources were abstracted by the hypervisor to provide an environment for the Guest operating systems via the VMs. This layer of abstraction is managed by the appropriate vendor virtualisation management tools (in the case of VMware its vSphere vCenter Server and its APIs). The Cloud Management Layer (vCloud Director in the case of VMware) is an abstraction of the Virtualisation Layer. It has taken the VMs, applications and services (and users) and organised them into groups. It can then make them available to users.

Using the abstracted virtual layer it is possible to deliver IaaS, PaaS and SaaS to Private, Public, Community and Hybrid Cloud users.

Cloud Delivery Models

IaaS-Infrastructure as a Service (Lower Layer)

When a customer buys IaaS it will receive the entire compute infrastructure including Power/Cooling, Host (hardware) servers, storage, networking and VMs (supplied as servers). It is the customers responsibility to install the operating systems, manage the infrastructure and to patch and update as necessary. These terms can vary depending on the vendor/provider and the individual contract details.

PaaS-Platform as a Service (Middle Layer)

PaaS delivers a particular platform or platforms to a customer. This might be a Linux or Windows environment. Everything is provided including the operating systems ready for software developers (the main users of PaaS) to create and test their products. Billing can be based on resource usage over time. There are a number of billing models to suit various requirements.

SaaS-Software as a service (Top Layer)

SaaS delivers a complete computing environment along with applications ready for user access. This is the standard offer in the Public Cloud. Examples of applications would be Microsoft’s Office 365. In this environment the customer has no responsibility to manage the infrastructure.

Cloud Metering & Billing

Metering

Billing is derived from the chargeback information (Metering) gleaned from the infrastructure. Depending on the service ordered the billing will include the resources outlined below.

Billable Resource Options: (Courtesy Cisco)

Virtual machine: CPU, Memory, Storage capacity, Disk and network I/O Server blade Options will vary by type and size of the hardware Network services: Load balancer, Firewall, Virtual router Security services: Isolation level, Compliance level Service-level agreements (SLAs): Best effort (Bronze), High availability (Silver), Fault tolerant (Gold) Data services: Data encryption, Data compression, Backups, Data availability and redundancy WAN services: VPN connectivity, WAN optimisation

Billing

Pay-as-you-Go: Straightforward payment based on billing from the provider. Usually customers are billed for CPU and RAM usage only when the server is actually running. Billing can be Pre-Paid, or Pay-as-you-Go. For servers (VMs) that are in a non-running state (stopped), the customer only pays for the storage that server is using. If a server is deleted, there are no further charges. Pay-as-you-Go can be a combination of a variety of information billed as a single item. For instance, Network usage can be charged for each hour that a network or networks are deployed. Outbound and Inbound Bandwidth can be charged; NTT America charges only for outbound traffic leaving a customer network or Cloud Files storage environment, whereas inbound traffic may be billed, or not. It all comes down to what the provider offers and what you have chosen to buy.

Pre-Allocated

Some current cloud models use pre-allocation, such as a server instance or a compute slice,as the basis for pricing. Here, the resource that a customer is billed for has to be allocated first, allowing for predictability and pre-approval of the expenditure. However, the term instance can be defined in different ways. If the instance is simply a chunk of processing time on a server equal to 750 hours, that equates to a full month. If the size of the instance is linked to a specific hardware configuration, the billing appears to be based on hours of processing, but in fact reflects access to a specific server configuration for a month. As such, this pricing structure doesn’t differ significantly from traditional server hosting.

Reservation or Reserved

Amazon, for instance, uses the term Reserved Instance Billing. This refers to usage of VMs over time. The customer purchases a number of Reserved Instances in advance. There are three levels of Reserved Instance billing, Light, Medium and Heavy Reserved Instances. If the customer increases usage of instance above the set rate Amazon will charge at the higher rate. That’s not an exact description but, it’s close enough. Cloud billing is not a straightforward and simple as vendors would like to have us believe. Read carefully the conditions and try to stick rigidly to the prescribed usage levels or the bill could come as a shock.

The Future of Cloud

Some say Cloud has no future and that it’s simply another trend. Larry Ellison (of Oracle) made a statement a few years ago that Cloud was an aberration or fashion generated by an industry that was looking desperately for something, anything, new to sell (paraphrased). Others say that Cloud is the future of IT and IS delivery. The latter seem to be correct. It’s clear that Cloud is the topical subject on the lips of all IT geeks and gurus. It’s also true that the public at large is becoming Cloud-savvy and, due to the dominance of mobile computing, the public and business will continue to demand on-tap utility-computing, (John McCarthy, speaking at the MIT Centennial in 1961 forecast that computing would become a public utility), via desktops, laptops, netbooks, iPads, iPhones, Smartphones and gadgets yet to be invented. Cloud can provide that ubiquitous, elastic and billable utility.

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baburaja97-blog · 7 years

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New Post has been published on Vin Zite

New Post has been published on https://vinzite.com/make-your-computer-run-smoother/

Make Your Computer Run Smoother

So, you’ve been enjoying your new computer the last few months, and as time has passed by it has been getting slower and slower. It’s finally to the point that it’s almost unusable, and is driving you nuts when you do use it for recreation or to do work. So what do you do? Pick it up, throw it away, and buy a new one? Nope. The correct answer is to call tech support or search the Internet and see if you can find out what is wrong with your computer and fix it. Sometimes you will need to buy a new computer, especially if your current one is like ten years old. But if you’ve only had it a few months to a few years, then most likely you just need to do some basic cleanup and updating of the software you have on your computer. Before you start to panic or rush out to buy a new computer, you should try the tips I have here for you to see if they will get your computer up and running like new again.

1. Update Software

I know some of you reading this might already know that it makes sense to upgrade your software such as virus and spyware protection software, but what a lot of people probably don’t realize is that updating all your other software programs will also help to improve the speed of your computer. Sure your software might do exactly what it’s supposed to perfectly, but the reality is that your software is full of glitches and bugs that can be fixed by downloading patches. By downloading these patches it won’t only improve the efficiency of your computer and software, but it will also improve its security. Updating your software is different for each program.

Sometimes you have to do it manually from inside the program itself, and other times it’s automatic. For programs like virus and spyware protection software, you should set it to automatically update. If you have other programs that auto-update themselves set them to do so also. This will keep you from having to worry about updating your software yourself. For the rest of your software that doesn’t automatically update itself, checking for updates at least once a month for them should be sufficient. It may seem bothersome to update your software especially if you have to do it manually, but you will be glad you did in the end and your computer will thank you for it.

2. Update Your Operating System

Along with updating your software you also need to update your operating system regularly. Your operating system is just another software program and like those other programs, it is also full of bugs and glitches that need to be fixed with updates. Windows has the option of letting you set it to update itself automatically or to update it manually when you feel like it. To adjust this option in Windows XP, go to Start>Control Panel, and click on Automatic Updates in the Control Panel window. In Window Vista go to Start>Control Panel, and click on Windows Updates. In the Windows, Updates window clicks on Change Settings in the left pane. Regardless of which version of Windows you are using you will have the same options to choose from which are:

1. Automatically Download and Install Updates

2. Automatically Download updates, but let me choose when to install them.

3. Notify me but don’t automatically download or install them.

4. Turn off Automatic Updates.

The recommend setting is, of course, to automatically download and install updates, but you can choose whichever settings you want then click apply to save the changes you make. Regardless of how you decide to handle updating your operating system, making sure that you do it regularly will definitely help your computer to run smoother and improve its security.

3. Defragment Your Computer

As you use your computer and add and remove files and software, over time some of your files become fragmented and spread out over the hard disk. As time goes along this will get worse and worse and eventually your computer will slow way down. This is because the computer has to search the hard drive longer whenever you attempt to use your files. In order to fix this problem, it’s as simple as running the Disk Defragmenter Utility that comes with Windows. To run Disk Defragmenter go to Start>All Programs>Accessories>System Tools>Disk Defragmenter. Once the program opens up, to start the defragmenting process just click the button that says Defragment and let it go on its own. Because defragmenting your hard drive uses all your system resources, its best to do this only when you don’t need to use your computer. I recommend you start it defragmenting at night right before you go to bed because depending on how fragmented your hard drive is, it could take several hours for the process to complete. Once the defragmenting process is done, your files will be put back together properly, and you should notice a significant increase in the speed of your computer, especially if it’s been awhile since you last time you did it.

4. Delete Junk Files

Has it ever seemed like your free space on your hard drive is getting smaller or it takes longer to search for a file you can’t find even though you haven’t added any new files or software on your computer? This is due to fragments of files that get left behind from daily tasks you perform on your computer. Whenever you download files from the Internet or delete files to the recycling bin, bits and pieces of files are left behind that you can’t see and most likely don’t know about. These are the “junk” files that are created automatically by programs for temporary use but aren’t deleted after the programs are done using them. These files include cookies, temporary Internet files, log files, error log files, temporary miscellaneous files, and System Restore points created every so often by Windows. This might sound like it would be lots of work to remove all of these useless files, but fear not there is a built in program called Disk Cleanup that will delete all these files for you.

To run this program go to Start>All Programs>Accessories>System Tools> Disk Cleanup. Once the program is open you will be shown a window with a couple tabs and a few options to choose from. The first tab that you see lets you choose which junk files you would like to remove. Below this window it shows you how much free space you will gain from deleting these files. Even if it’s only a few kilobytes, still run the program. I have found out from using it that even if it says it will free up a few kilobytes, it usually frees up 1-5GB of space. Once you are done selecting which files you want to remove, click the OK button at the bottom of the window. Once the process is done it will automatically close. Along with deleting these junk files, if you haven’t had any problems for awhile with your computer you can free up additional space by clicking the More Options tab in the Disk Cleanup window and clicking the Cleanup button in the section titled System Restore. This will delete all but the most recent restore point. Once you’re done deleting all your files close the program if it doesn’t close by itself and your done.

5. Delete Unused Files

Along with deleting the junk files off your computer, you can also get increased performance from your hard drive by deleting files that you do know about but don’t use. This includes software and all personal files you create or download such as movies, music, and pictures. Sure you might be playing only one or two PC games right now it might look cool to have 50 games installed at once, but if you’re not playing them, remove them. Sure your hundreds of pictures look cool going across the screen for the My Pictures screensaver, but do you really need them all on your computer? If the answer is no then it would probably be better if you saved them all to CDs or DVDs and deleted them from your computer too.

6. Scan for Malware

Not only should you update your virus and other malware protection software regularly, but you should also actually use it. Because new forms of malware are released every day once in awhile viruses or spyware will get into your computer that your software can’t detect. Because of this reason, it would be wise to run a virus and spyware scan on your computer at least once a week. Doing this will ensure that you are virus and spyware free, even if your program didn’t automatically detect it on its own and again will increase computer speed.

7. Scan for Registry Errors

So you’ve scanned for viruses, removed junk files, defragmented your hard drive and are still having speed issues or you computer is still crashing when running programs. If none of these things did the trick, then the problem could be and probably at least partially is the fault of registry errors. The registry is like the central control and brain of all data on your computer in Windows. Almost every file you create and every program you add or remove creates entries in your system registry. Also just about any time you remove files or software, it creates registry errors. Unlike the previous tips, you will have to find a program that is designed for fixing registry errors rather than using features built into Windows. Most of them are self-explanatory as to how to use them, but the one I recommend is Glary Utilities. It is the one I use personally and it finds several registry errors every time I run it. Once you pick a program you like, install and use it quite often as registry errors add up quickly. Fixing these errors will definitely make your system performance increase and be more stable.

8. Turn Off Startup Programs

Taking forever to startup seems to be a common problem for a lot of people I know. The reason your computer takes forever to start Windows and show your desktop is because of the number of programs it has been told to start on startup. A lot of these programs are unnecessary to have running at startup such as instant messaging software. The good thing is that you can turn these programs off if you choose to. To turn these programs off, go to Start and type System Configuration in the Run box and press enter. Once the System Configuration program has opened, click the startup tab. Here are all the programs listed that will startup when you first log into Windows. IF you see programs that you recognize such as Yahoo IM or AIM, uncheck them and click on Apply. Except for programs that Windows needs to run and virus and malware scanning software, pretty much all other programs can be safely deselected. Once you have made the changes you want to, close the application and restart your computer for the settings to take effect. Next time your operating system starts up you should definitely notice an increase in boot time if you deselected several of the programs. If not, then turn off some more programs or you can try my next tip.

9. Add More Ram

Sometimes, even when there is nothing wrong with your computer it will still seem to be running slow. This could be because the programs you are using on it require more memory than you currently have available in order to run smoothly. The solution, add more RAM to your computer. Adding more RAM will allow you to run more programs at the same time, and give your existing programs more memory to run in. This is especially useful for people who play a lot of games or do a lot of video and photo editing. These types of programs tend to use a lot of RAM. The downside to having to possibly add more RAM to your computer is that it costs money and requires a little tech knowledge of computers. When buying more RAM for your computer you first have to find out exactly which type it uses. Then you or someone you know has to take the side of your computer off and look for the existing RAM. Most computers have multiple slots for RAM and the chip is just a long rectangle. Installing the RAM is as simple as just placing it lightly in the slot and then pushing it into place. Once it’s secure, put the side back on your computer, turn it back on and it’s good to go. It’s as simple as that.

10. Format Your Computer

So, you’ve tried all my previous tips and your computer is still running sluggishly. The last thing you can try that pretty much always fixes your problems when all else fails is to format your hard drive. Formatting your hard drive will completely wipe all files on it. This means that any errors you might have been having due to file errors, operating system errors or viruses and other malware, are now completely gone. There are few options you have for how to format your hard drive. One option is to use the recovery discs that come with most all retail computers. This method will automatically format and then reinstall your operating system and all trial software that came on your computer the first day you bought it. Another option is to boot your computer from a disc using your Windows operating system disc and running the format hard drive option from there. A third option, which is the one I usually use, is to use a Live-CD version of Linux and use a drive formatting program on it to format my hard drive, then reinstall your operating system from its install disc.

Regardless of which method you choose, the result is the same, a computer that you’ve had for awhile that is now like it was the first day you bought it. Before you do this, though, make absolutely sure you have backed up all of your personal files to an external hard drive or to discs as these will now be gone if you didn’t. The only downside I can think of to formatting your hard drive in order to make your computer fast again is that it’s time-consuming. Once you format it, you now have to re-install all the software you use and download all your updates and patches again. This does, however, beat the alternative of buying a brand new computer. Despite being time-to consume though, once you have your computer back to its working state again, it will definitely be running at full speed again.

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