Thursday, August 15, 2019
Waiting Fo Death – Samuel Beckett’s Waiting for Godot
Waiting for Death By: Stephanie Melo Pabon Analysis on Samuel Beckettââ¬â¢s ââ¬Å"Waiting for Godotâ⬠. Waiting for Godot by Samuel Beckett is a play starred by Vladimir and Estragon, two men who seem to spend their days in a country road talking, wandering and blathering while waiting for a person they call Godot. This Godot never appears in the story but they both talk about him -her, it, it is difficult to define- at the same time that they look for things to do while waiting.During the two days they spend in that place just in the company of a dead tree, they have two encounters with two other men: Pozzo, an aggressive that seems to be the master of the other; the other man is Lucky, a terribly sick and tired man that looks like a mistreated donkey. The last character that appears is a boy who brings messages to Vladimir and Estragon saying that he -because the boy calls him ââ¬Ëheââ¬â¢- is not coming today but tomorrow, for sure.The setting, as I said before, is a country road with just one mound and a dead tree -a willow like they think it is called-, everything leading to a hopeless atmosphere that accompanies their endless waiting. I think reading Beckett is a very difficult as he takes modernism to the highest level. He really expresses stories with plot and characters through his own way of thinking. I liked reading the play in spite of my dislike for reading plays; I do not like to read the setting and the characters actions and movements in such an explicit way.This time I was totally delighted by the charactersââ¬â¢ dialogues. It was interesting to see how many thoughts about their conversations, the objects they use in the story, the setting, and their physical and personal description, actually arose. I read the play two times and watched one staging; since the first time I had many different thoughts and ideas to interpret the characters and situations they are in, these interpretations are the ones I will be telling. The main c haracters Estragon and Vladimir are, to me, the absurd depiction of the body and mind.They both are the same person: a poor man -Mr. Albert could be his name like the boy called Vladimir at the end of both Act I and II. Estragon is the body as he is the one with the need of sleeping and eating. He always wants to sleep but Vladimir does not let him do it and he always wants to eat, for instance when he asks for the chicken bones Pozzo leaves after eating in Act I, and in Act II when Pozzo falls and asks for help but Estragon only thinks about asking him for food to eat.Vladimir is the mind as he is the most lucid one; he remembers everything while Estragon never does, and he says Estragon he would be a heap of bones without him to show the dependence on each other. Also, at the beginning of the two Acts, Vladimir asks Estragon if he was beaten again and next he assures him that if he had been with him he would not have been beaten as he is the one that can make him stop of doing thi ngs he should not do.Although they say the idea of them together is to contradict and abuse each other, they both get along well: they communicate and seem to be friends. Estragon says they ââ¬Å"always find something to give them the impression they existâ⬠; they reason about many topics but Vladimir, the mind, is very healthy whereas Estragon is very tired all the time. The other two characters, Pozzo and Lucky, are the opposite; Pozzo, the very healthy but cruel man who is the slaver of Lucky. He is ambitious to the extreme of being greedy; he says he has professional worries, and about beauty and grace.Lucky is the tired and sick mind of a rich person that was never satisfied with material things; and I say he is rich because of the scene when Estragon asks for the chicken bones Pozzo is leaving but Pozzo says he has to ask Lucky because he is the owner. Estragon does that and Lucky does not answer, so Pozzo says it is ok if he takes the bones but at the same time he think s something is wrong as he had not seen him refuse a bone before. This episode means to me Luckyââ¬â¢s tiredness of always wanting everything for him, even the wastes, and Pozzoââ¬â¢s surprise for his change.The relationship between Pozzo and Estragon is the main topic when Vladimir and Estragon ask why Lucky does not do anything and never put down the bags he carries, and Pozzoââ¬â¢s answer is that ââ¬Å"he used to be very kind, helpful and entertaining but now he is killing meâ⬠, he also says Lucky wants to impress him by doing a job is not for him. Here the mind is sick; Pozzo is healthy but he is dying because of his mind while Lucky cannot bare any longer all that burden and pressure Pozzo has put on him to control him and not to let him think and decide his life is better without external pleasures and material worries.These all four characters are making an absurd portrayal of what life is. Estragon and his struggle for the boots to fit and how in the second ac t when he tries a pair of boots that were not of his, he says they fit and then he complains saying they are too big; it is the way they refers to our constant complains of the life we live and the circumstances, bad or good, we do not want to be in, as Vladimir says ââ¬Å"There is a man all over for you, blaming on his boots the faults of his feetâ⬠.This is another way to say the metaphor about the life each one has to carry about with a cross: ââ¬Å"â⬠¦ to every man his little cross till he dies and is forgottenâ⬠. They both also talk about the searching of meaning when they say people speak always to themselves trying to determine where are ââ¬Å"these corpses and skeletonsâ⬠come from. They wonder if it is necessary to think or if they could have lived without it, as it was not enough just to live.Pozzo and Lucky are depicting the way society is always more concerned about material things, sometimes having as priority money and the mundane and superficial a spects rather than let the minds fly using the imagination and thinking beyond the banalities of the world. Also, with this two characters the performance of good deeds is visible when in Act II Pozzo falls and ask for help but Estragon prefers not to help him if he does not give anything to him in return.Vladimir compares what a tiger does to help his congeners without hesitating. Finally, as they spend their days in the same place and just looking for things to do to pass the time, it is just an ironic criticism to the routine the life becomes at some point; to the repetitive start, attempts, give up, and start again. This is just a cycle people live while for the end of the night to come, for the end of the daily routine to finish, for the death to come. When it comes they will be saved.
Wednesday, August 14, 2019
Harley Davidson Company Essay
Situational analysis Harley Davidson, an international motorcycle company, started out as a small three man operation in 1903, by the Davidson brothers and William Harley manufacturing heavyweight motorcycles. This included financial services for the motorbikes, accessories and branded apparel. It experienced great success during both World Wars, and managed to survive the trying times of the Great Depression. After World War II, Harley Davidson brand begin to build on the image of the V-twin cylinder engine established in the 1920ââ¬â¢s by shifting from manufacturing military bikes to recreational ones. During the 1970ââ¬â¢s and 1980ââ¬â¢s Japanese competition nearly destroyed the company. Competitors introduced technological advanced bikes at a lower cost due to mass production. Technological advances and economics of scale and efficiencies made competitorââ¬â¢s products superior in some instances. Harley responded by a re-evaluating its marketing strategy centered on a lifestyle image. This included a re-organization and brand building program, including the Harley Owners Group (HOG), Harley Davidson was able to re-capture its market share. It established these groups along with better customer service that helped it establish itself as a dominate company in the motorbike industry. It had a differentiated focus and various target markets as the environments changed. It was positioned effectively as a way of life with a sense of freedom as opposed to selling the best motorbikes. The marketing campaigns focused more on the lifestyle associated with the product and worked on its social image. The marketing team used differentiation to create more awareness of the product by reinforcing Harley from a psychological perspective as a symbol of freedom, developing and maintaining relationships. Harley Davidson South Africa was established in 1996 and has prospered due to very high annual growth rates. It succeeded as an emotionally driven brand, one that customers choose for a sense freedom, biker image or as a status symbol. It is this emotive response that Harley Davidson capitalizes on in its marketing strategy and that is re-enforced with the Harley Owners Group magazine, events and the international customer rental service. Despite the companyââ¬â¢s success it faces some unique challenges. Currently all merchandiseà is imported from the U.S.A., as a result pricing decisions are problematic relative to competitors. Harley continuously evolved its brand but lacked focus on black upcoming consumer (black diamonds) and on women initially. It will need to do some valuable market research and determine the best way forward with very careful implementation of the strategy to best target black diamonds and increase growth in this ââ¬Ëuntappedââ¬â¢, high disposable i ncome market. 1: Product Policy Product Policy is defined as ââ¬Å"A strategic rule or rules covering how a good or service is promoted to potential consumersâ⬠(Kotler and Keller, Year!). Harley-Davidson has since grown from one dealership to seven independent dealerships between 1996 and 2007. Harley product policy was to focus more into customersââ¬â¢ needs rather than the company, this is the strategy that was introduced in the early 1980ââ¬â¢s and was subsequently implemented in South Africa. These customer-orientated services have differentiated the company from competitors, in the minds of customers in South Africa as it was about image, sense of Freedom and status. This help in dismissing the myth / reputation of its ââ¬Å"bad boyâ⬠image. This was seconded by the gender split of 28% female and 72% of maleââ¬â¢s riders in South Africa. Harley South Africa setà out to promote Harleyââ¬â¢s into females who are independent with high salary income as the new market segment; the strateg y was to treat them as equals and as owners in their own right. Post 2007, the product policy changed to ââ¬Å"Black Diamondsâ⬠with an effort to attract and increase the black market into Harley riders. Their marketing strategy was different as it had done very little above the line advertising, dealers were given freedom to determine their own promotional activities modified to their own clientââ¬â¢s needs and demands. Classification: Specialty goods ââ¬â Customers are willing to make an extended search to find Harley and in some cases, might be willing to travel 20 or 30 KM to find the bike. ââ¬Å"Marketing mixâ⬠is a general phrase used to describe the different kinds of choices organizations have to make in the process of bringing a product or service to market. The Product which is one of the 4Pââ¬â¢s is used in defining the marketing mix and is categorized into 4 pillars namely Product Mix; Product Design; Product Development and Product Life Cycle (Kotler & Keller, 14th Edition) 1. PRODUCT MIX: Product policy lies at the heart of the marketing mix and encompasses all qualitative aspects of the products offered. Product-mix refers to the range of products offered by an institution. Offering products that are valued and demanded by customers is key to the success of Harley in South Africa. 2. PRODUCT DESIGN The goal of product design is not to create a different product to satisfy every possible client need. Harley should design products that respond to several different needs with only a few variables. Product design variables must be appropriate for the markets that the Harley has decided to target. 3. PRODUCT DEVELOPMENT Product development is the process of continually refining client-oriented products. It includes several phases, such as exploring customer needs, screening ideas, evaluating products through pilot testing, revising productà design based on the results and finally, launching the products. All of these phases are intertwined. 4. PRODUCT LIFE CYCLE Below is the summary of the four phases of the Harley product life cycle which include introduction, growth, maturity and decline. Core Benefits of owning a Harley: * Harley members have an enduring relationship built on trust and dependability supported by good service and meaningful advice as most of the riders especially females had no technical capabilities of some of the riders. * Become part of the Harley family which include meeting with business associates, share a cup of coffee with new riders and also talk to a friend. This has made most riders to have a ââ¬Å"sense of belongingâ⬠. * Harley offer in-house finance and insurance program for riders / customers. * A full one-year membership in the Harley Owners Group (H.O.G) comes with every purchase of a new, unregistered Harley motorcycle. * Associateà memberships for H.O.G family members and passengers also benefit and become part of the Harley family membership. * Ownerââ¬â¢s memberships are renewable at a discount and they can also become a member for life. * Full access to the companyââ¬â¢s website, magazines each year, and a subscription to the special member publication, toll-free customer service and even a touring handbook for trip planning. * Harley also organizes and sponsor special events for H.O.G members including bike parades. * Analysing the Brand equity of Harley Davidson: When purchasing a Harley, the customer is endowed with an added value of a sensation of freedom offered by the product, the sense of belonging and a sense of exhibitionism offered by a Harley. Harley Davidson does not market the functional purpose of the bike but rather the emotional and psychological attributes of freedom and belonging. The success of the marketing approach and achievement of brand promise of such psychological attributes are well evidenced by the successful financial performance of Harley Davidson. The following case facts indicate that Harley commands higher prices, market share and profitability: * Steady share of half the USA heavyweight motorcycle market in 2006; * Annual growth in unit sales in South Africa had averaged 46% over the past few years. * Harley still held the majority share in SA market, an estimated 67%. The above indicates that Harley Davidson has strong brand equity credentials. We can further analyse the brand equity of Harley Davidson by applying one of the Brand Equity Models, ââ¬ËThe Brand Resonance Modelââ¬â¢ (Kotler and Keller YEAR) and applying the 6 fundamental building blocks of the resonance model to Harley Davidson: Building brand Equity The right brand knowledge structures targeted at the right consumer can build substantial brand equity (Kotler and Keller YEAR). An analysis of how Harley uses the 3 brand equity drivers (Kotler 2014) to build brand equity: 1. Brand elements ââ¬â Harleys brand benefits are less concrete (freedom, sense of belonging etc) and thus it ensures that its brand elements focus on emotional and psychological attributes. E.g. slogans such as ââ¬Å"The fun is not in the destination, the fun is in the journeyâ⬠. In addition company marketing themes never emphasize on the bikes mechanical specifications but rather the associated lifestyle for owning a Harley. 2. Marketing activities ââ¬â product/service ââ¬â Lifestyle ââ¬â How do customers make contact with the Harley brand: * Internal Branding ââ¬â Harleyââ¬â¢s primary focuses is on internal branding Harley makes extensive use of marketing through its brand community, the H.O.G. H.O.G members have a consciousness of kindâ⬠or sense of felt connection to Harley. i. H.O.G. as a channel for internal marketing has proved to be more effective than Harleyââ¬â¢s externalà marketing campaigns. ii. HOG is not organic but company-sponsored and facilitated because itââ¬â¢s one of the main and primary marketing activities. iii. H.O.G is a business strategy. The entire business model supports the H.O.G. iv. Harleyââ¬â¢s cultivation and engineering of the H.O.G plays a significant role in growing and strengthening the brand * Individual Customer marketing v. Harley places a lot of marketing attention and focus on the individual customer. Significant investment is made towards dealerships being well equipped to cater for H.O.G meetings, vi. High individual customer focus pays off in terms of, significant sales arising from repeat customers, accessories, customisations of initial purchase, trading upwards after initial purchase etc. vii. Individual marketing to women on a personal basis as they walked into the store with their husbands or partnerââ¬â¢s. This was successful in building brand equity amongst female customers. * External Branding is minimal. Harley does not do much mainstream advertising. This has a benefit of cost saving from not having to rely heavily on mainstream high cost advertising channels. Harley prefers to grow through existing dealerships. For example, Dealerships are equipped with coffee areas where staff can connect with customers that walk into the stores. 3. Leveraging secondary associations * Harley frequently associates itself with charity rides and motorcycle events. This allows it an opportunity to build on its brand promise of exhibitionism and belonging While applying the logic of the brand value chain (Kotler 2014) backwards, high profitability & market share arise from strong customer awareness and customer associations, which in turn arise from successful marketing programme investment. It could be inferred that Harley has generated valuable return from its marketing approach consistently over a period, indicating successful brand equity building over the years. Target Market: Harley Davidsonââ¬â¢s new target market is the, ââ¬ËBlack Diamondââ¬â¢. This has been their focus as they believe this market has potential. In 2007 the market totalled 2.6 million, while they managed to make sales totalling 709. This meant they had 27% of their target market. This was a drop when compared to the previous year. Post 1994 this target market has had opportunities that did not exist before. We also saw the emergence of BEE, which continues to make Black people more financially stable. This therefore makes this market an ideal market to focus on. Market profile: As much as the female rider target market is growing (28% by 2007) and has potential Harley needs to understand that there are still cultural issues that this market has to deal with. Such issues include that fact that for the black community for a woman to drive a motorcycle it might be not acceptable. Therefore, this would need Harley to come up with strategies to deal with this cultural perception in order for them to benefit from this market. Future product policy: Product Portfolio: Harley Davidson has managed to introduce accessories which are priced differently. This works as those that cannot afford to buy the motorcycles can still settle for other biker accessories thus improving margins. Harley needs to continue to widen its product mix. Usually a biker will buy one bike unless they can afford to buy more, therefore for Harley to continue gaining from this consumer they need to also focus more on their accessories which not only bikers like but also non bikers and family members. It was mentioned that 70% of the purchasers were non bikers. Harley however needs to be careful that its product system does not disadvantage its brand. This is seen as an exclusive brand and one needs to be careful that a product diversification does not bring down the value of the brand and result in consumers perceiving it as cheap. It is therefore important that we keep the current product portfolio as exclusive as possible to protect the brand. With the increase in fuel prices, Harley might need to consider a two-way stretch where they might need to produce cheaper motorcycles which are moreà fuel efficient to encourage people who might not want to consider investing in a Harley due to costs. Strategies for growth: Driving in a Harley club is a spectacular moment, whether or not the bike itself was bought for show. Cruisers are differentiated products and Harley is the leader in that market but that is a double edge sword as its guaranteed popularity and high expectations as a result. They are effectively selling a lifestyle and for more people to buy into it and to keep those on board they need to focus on strengthening the product differentiation, design, brand and service differentiation. Bikes as an extension of personality and customers will associate with a product that delivers on the highest promise. The design of the bikes and features that are most useful and necessary to the rider are important, the customisation has resulted in unique end products for each customer, the quality in terms of performance and conformance need to me maintained at a level above the competition. Because customer needs and tastes vary, the service levels required to keep customers happy also varies, the service dimension of the business is therefore important in creating a strategy. By creating awareness about the product and pricing mix and different after sales service options available to the customer (delivery, training, consultation, HOG, maintenance and repair options), Harley Davidson SA can bridge the information gap and appeal to a larger market. Targeting the Black diamond: This is one of the fastest growing segments in the South African economic context, the majority being young and qualified and earning a more than descent constant salary. Mostly growing up post apartheid, this group is less stereotypical and more adventurous and likely to try new things than was previously not associated with the age segment. This is the new financial muscle of the South African economy and Harley Davidson should explore it purely as a potential market for its affluence and exploratory capacity if not for its perceived desire for opulence and status. As a product that provides pleasure, fun and value, there is no reason not to tap into this virgin market that hasnââ¬â¢t yet grasped its stance or identityà relative to the previous politically influenced generation. Harley-Davidson Services According to Kotler and Keller, â⬠The customer will judge the offering by three basic elements: product features & quality, services mix and quality, and priceâ⬠(Refer to Fig 12.1). In our technologically age it is now easier for any company products to be replicated and even produced much cheaper too. This makes the element of ââ¬Å"service quality and mixâ⬠very important to marketers. The service quality and mix Harley-Davidson offers to its customers will be a source of competitive advantage. The customer value hierarchy diagram places an ââ¬Ëaugmented productââ¬â¢ at a very high level (Fig 12.2). Customers will value an augmented product because of its additional features and services that come with it. Harley-Davidson should aim for service differentiation at all stages of the buying process and after purchase: (Ordering Ease, Delivery, Bike-riding training, customer consulting, maintenance and repair). The customer service personnel employed by Harley-Davidson will affect the quality of service. The company would need to ensure that they hire and train the right people for the jobs. Employee satisfaction would be critical to making sure the employees have a positive attitude as they work with customers. The marketing department at Harley-Davidson has to understand the needs and wants of their customers in order to satisfy them. Customers are concerned with reliability, service dependability and maintenance costs of the motorbike. A service-quality management system would also need to be set up plus monitoring systems to ensure that all customer complaints are handled properly.
Tuesday, August 13, 2019
Developing an interactive timeline Literature review
Developing an interactive timeline - Literature review Example Arthur Conan Doyle collection that would help in attracting more visitors towards their website thereby increase the profitability of the origination. The youth and adults of the present generations prefer to remain away from books and academic materials as involving in various social networking activities has become common among them (Palla & et. al., 2013).Ã It serves difficult to attract these sections of the people towards reading books for which it has become essential for such organizations to implement an effective interactive timeline in their website that would help in attracting them and therefore spent much time in their websites. Interactive media in the timeline may be in the form of attractive texts, graphics, video, animation or even audio that would attract the people to visit that particular website and spent more time in them (Grigoreanu & et. al., 2009). It is a common trend among all people that they always prefer something that is entertaining and attractive i n nature, rather than the static contents in the website that creates a dull interface. According to Liu & et. al. (2002), it is inherently necessary for the organizations and website designers to develop an interactive timeline that would allow the people of every generation irrespective of their ages to access the particular website without any difficulty. There are various people with deformities such as color blindness and old people for whom the letters and font size should be kept clear and large.
Marketing and Communication Plan for Hilton Hotel Case Study
Marketing and Communication Plan for Hilton Hotel - Case Study Example Maintaining relationship with customers is highly impossible for a firm unless it has an efficient marketing system. The marketing system should be planned and executed in such a manner that existing customers are retained and new customers are created. In this context, Hilton Hotel has approached us to prepare a report on the present marketing system and finds the possibilities of developing a new marketing and communication plan for the firm. After an analysis of the present system of marketing, promotional activities, advertisement, marketing plan and communication system, a detailed report is prepared and presented as indicated by the client. The report contains the proposed plans of promotion, advertising and communication of marketing information which are to be implemented to realize the cherished goal. Increased competition has urged all business organizations to focus their attention to existing operations with utmost care so as to ensure survival and existence in the globalised market. All entities are facing stiff competition that pave the way for restructuring their strategies and finding new markets and customers. The well known fact 'customers are the king' will never get diluted as the very existence of business organization depends solely on customers and their satisfaction. Customer satisfaction is the blend of series of successful marketing efforts by an organization. The marketing efforts include a complex mix of many activities such as promotion, advertisement, marketing planning and communication and so on. To achieve the goal of marketing,-customer satisfaction- business has to endlessly put efforts to develop new and improved marketing strategies and implement the same to reach customers and effect sales. The Present Marketing System Hilton Hotel, started its journey back in 1919, has become one of the favorite brand of business and leisure travelers worldwide. The hotel group has grown to a network of more than 500 hotels and resorts in almost all major cities across the world. The hotel group has achieved many mile stones in its journey to become the perfect companion of travelers all over the world. It is evident from their growth that the marketing strategies of the hotels have been successful since its inception. They have been trying to adapt to the changing business environment and to flourish in a competitive market. Target market and segmentation Hilton Hotel group mainly focus on business and leisure travelers who are from different parts of the world. The target market has been segmented on the basis of customer class and type of journey. Business executives usually prefer economy class who budget their travel and accommodation well before tour is fixed. But, leisure travelers prefer luxury and executive class where they need high class service irrespective of the price. Product Life Cycle and Marketing Communication The hotel has already achieved its growth stage as it has been in existence for many years. In fact, when its product life cycle stage is considered as a whole, the hotel is in its saturation stage where it faces stiff competition from similar hotels. Marketing communication at this stage is very important. When there are many hotels to meet limited demand in the market, it is likely that customers may not know about the new products
Monday, August 12, 2019
The Role Transnational And Multinational Companies Have Played On Essay
The Role Transnational And Multinational Companies Have Played On Globalization - Essay Example The world has seen a tremendous increase in the global transactions and foreign trade in the recent years. The main reason behind this is that now more and more countries are getting engaged in trading with each other in order to increase their profit or sales or protecting them from being eroded by competition. The main objectives which are influencing the companies to engage in international business are the expansion of sales, acquiring resources, minimizing competitive risk and diversification of sources of sales and supplies (Johnson & Turner, 2003). Besides these, there are other few factors like economic factors, cultural factors, technological factors, and social factors which have the influence to a greater extent. The emergence and activities of transnational and multinational enterprises had impacted to a huge extent on the concept of globalization. Multinationals have played an important role in globalization. Given their international reach and mobility, prospective countries, and sometimes regions within countries must compete with each other to have MNCs locate their facilities (and subsequent tax revenue, employment, and economic activity) within. To compete, countries and regional political districts offer incentives to MNCs such as tax breaks, pledges of governmental assistance or improved infrastructure, or lax environmental and labor standards. This process of becoming more attractive to foreign investment can be characterized as a race to the bottom.
Sunday, August 11, 2019
Entrepreneurial question Essay Example | Topics and Well Written Essays - 250 words
Entrepreneurial question - Essay Example One of the necessary resources for the establishment of an ethical and legal foundation include participating in training that provides the information necessary to ensure that the entrepreneur is completely cognizant of the regulations that affect the business venture. Information on the mode of incorporating the business can be outsourced from various sources such as the existing businesses and literary materials. The foundation principles for the business ethics include exercising the due care, maintenance of confidentiality, fidelity to special responsibilities, respecting the liberty and the constitutional rights of others. Others include respect for the human well-being, ensuring good-faith in the business negotiations, complying with the law, and evading the conflict of interest. The most eminent ethical resources for the suppliers include the code of conduct, ethics audits, ethics surveys, ethics training and ethics helpline (Ravi 540). Establishing an ethical and legal found ation for the customers requires transparency, undertaking the corporate social responsibility, ethical surveys, ethics helpline and access to ombuds. The strategies applied for motivating customers can also be applied to the investors. What challenges do entrepreneurs experience when establishing a solid legal and ethical
Saturday, August 10, 2019
Terms and Conditions of Sale Essay Example | Topics and Well Written Essays - 1500 words
Terms and Conditions of Sale - Essay Example However, the seller provides that the goods will be of good quality and for the specific purpose and as he is liable to that extent if the goods delivered are not of good quality2. It is an implied term under the Sale of Goods Act section 13 and 14 that goods purchased will always be of quality that is satisfactory to the purchaser and the ultimate consumer3. If this is not met, the purchaser has a right to seek remedies from the seller. However the usual wear and tear of a commodity or good does not in any way affect the quality of goods and as such, the purchaser cannot recover from the seller for this reason4. Tippy Toes allege that the veckle was coming off pre-maturely but at the same time, this could be another event of wear and tear. It is upon Tippy Toes Limited to prove that this was premature and did not in any way fall under the category of normal wear and tear of those shoes for it to succeed against AOL. Property had already passed to Tippy Toes Limited and therefore, if there were any risks as per clause 7 of the contract, these were to be borne by it .Tippy Toes Limited paid all monies due to the Seller and the goods had already been delivered to it. They therefore are the bearers of any risks that may come along with regard to the goods5. Section 17 (1) of the Sale of Goods Act provides that the property passes when the parties to the contract intend for it to pass. This can be inferred from the terms of the contract. Clearly, the terms of the contract between Tippy Toes Limited and AOL provided for this. These were ascertained goods and once the property has passed, Tippy Toes Limited could not rescind the contract but only seek for loss and damages6. Under the AOLââ¬â¢s contract, where the buyer discovers any defect on the goods or where the goods do not correspond to their specification, the buyer has to notify the seller within 21 days of delivery of the goods. Alternatively, this can be done within a reasonable time after discovery of th e defect if the defect was not apparent on reasonable inspection. The complaint by Tippy Toes Ltd was made on the 25 April 2012; approximately 2 months after the goods had been delivered by AOL. This was past the 21 days period that was required of them to lodge the complaint. However, Tippy Toes Ltd can argue that the defect was not apparent on reasonable inspection since it involved the Velcro fastening coming away from the buckle prematurely and this could only be noted after use for a while. If it is found that the defect was found to have been used for, it has to be determined whether the complaint was made within a reasonable time. Reasonableness depends on the circumstances of each case and in most cases; the Courts in determining whether an action was done within a reasonable time, looks at the earliest time necessary and convenient to do that thing that ought to be done. In addition, the Court may look at the previous conduct between the parties, the customs and usage of a certain business and any other specific agreements or objectives that the parties ought to have achieved. The burden of proof is entirely on AOL to prove that Tippy Toes Limited did not present a complaint within a reasonable time and for this, they were not in a position to repay them as they had entered into other business liabilities. Similarly, under clause 8.4 of the Terms and conditions, the seller can only either replace the
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