• Title/Summary/Keyword: Warranties

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Promoting the Sales of Regional Specialty Products through Local Festivals in Rural Korea (지역문화행사를 통한 전통산물 판매활성화 방안)

  • Kim Mi Heui;Park Duk Byeong;Ahn Yoon Soo;You Myoung Nim;Jeong Hyun Young
    • The Korean Journal of Community Living Science
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    • v.15 no.4
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    • pp.127-136
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    • 2004
  • Local fairs are often part of the economic development strategy of rural areas. This study aims to find out marketing strategies for promoting the sales of regional specialty products through local festivals in rural Korea. The data were collected in late 2003 (from a sample of interviews and surveys from 351 visitors. The data were analyzed using the SPSS computer program. The results were as follows; First, the factors that visitors were considered in purchasing were quality (49.5%), commemorative value (36.9%), and reliability (33.0%). And the top reasons cited for not buying were lack of distinction (45.1%) and high prices (26.6%). The discount rates expected in markets was 16.8%. Second, 49.8% of visitors has spent over 10,000 won and their purchase pattern has been for themselves and their family. Third, the public organizations for certi(ication for visitors were the National Agricultural Cooperative Fedration (37.9%) and the Ministry of Agriculture and Forestry (MAF) (22.5%). In conclusion, it was important for local stakeholders to provide more locally-manufactured, seasonal and traditional food, and to plan more locally characteristic events for their fairs. Further recommendations have included having a guide showing pricing and quality standards for products bought at rural fairs, developing product ideas for inducing impulse purchases, active promotion and marketing at event sites, and setting a standard system of warranties on products under the certification of the local authorities and with the financial support of the MAF Such recommendations were aimed at increasing the sale of traditional and regional specialty products at local festivals.

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A Study on Some Problems and the Need for Reform of the Rule of Warranty in English Law of Marine Insurance (영국 해상보험법 상 담보법원칙의 문제점 및 개혁 필요성)

  • Shin, Gun-Hoon
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.43
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    • pp.239-273
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    • 2009
  • Marine insurance contracts, which intended to provide indemnity against marine risks upon the payment of a premium, originated in Northern Italy in the late 12th and early 13th centuries. The law and practice of Italian merchants were later introduced into England through Lombard merchants. It is, therefore, quite exact that English and Continental marine insurance law have common root. Nevertheless, some significant divergences between English and Continental marine insurance systems occurred since the late 17th century, mainly due to different approaches adopted by English courts. The rule of warranty in English marine insurance was established in the second part of the 18th century by Lord Mansfield, who laid the foundations of the modern English law of marine insurance and developed different approaches, especially in the field of warranty in marine insurance law. Since the age of Lord Mansfield, English marine insurance law has developed a unique rule on warranty. Bearing in mind the realities of the 18th century, it could easily be understood why Lord Mansfield afforded such a strict legal character to marine warranties. At that time, the 'promise' given by the assured, played an important role for the insurer to assess the scope of the risk. Legal environments, however, have changed dramatically since the times of Lord Mansfield. Of course, it is still important that the assured keep his promises to the insurer under the insurance contract, which is based upon utmost good faith. Nevertheless, the remedy of automatic discharge from liability, regardless of existence of a casual link between the breach and loss seems harsh in the realities of the 21st century. After examining the warranty regime adopted by the German and Norwegian hull clauses, it is fair to say that they provide a more equitable approaches for the assured than does English law. Therefore, this article suggests that English warranty regime needs overall reform and it is time to reform.

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A Study on the Recent Trends for Reforming the MIA 1906 and Comments on them - Focusing on the Insurance Act 2015 - (영국해상보험법의 최근 개정동향 및 시사점 - 2015년 영국 Insurance Act를 중심으로 -)

  • JEON, Hae-Dong;SHIN, Gun-Hoon
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.69
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    • pp.407-426
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    • 2016
  • The Marine Insurance Act 1906 (MIA 1906) has been a successful piece of legislation, having rarely been amended and having established, or served as an influence in the development of, the basis of marine insurance legislation in several countries. However, it has been recognised that some parts of the MIA 1906 have begun to show their antiquated nature, especially where established principles which were once thought to reflect undoubted propositions of law are now being openly criticised. Since 2006, the Law Commission and Scottish Law Commission (the 'Law Commissions') have been engaged in a major review of insurance contract law, finally leading to the Insurance Act 2015. The Insurance Act 2015 received Royal Assent on 12 February 2015, and was based primarily on the joint recommendations of the Law Commissions. The 2015 Act made substantial changes to several main areas of marine insurance law & practice: (i) the replacement of the pre-contractual duty of disclosure with a duty to make a "fair presentation of the risk"; (ii) the abolition of the "insurance warranty" under the Marine Insurance Act 1906, s.33, and provision of a new default remedy of suspension of liability until the breach is cured; (iii) partial codification of the fraudulent claims rule in insurance contract law, etc. The Act did not provide for any new statutory duty for insurers to investigate or pay claims in a timely fashion, although this may be revisited in the next Parliament. Moreover, the Law Commissions have reopened their consideration of the doctrine of insurable interest. The 2015Actmay not then signal the end of the legislative programme in this area.

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Design of Multi-Attribute Agent-Mediated Electronic Commerce Negotiation Model and its Framework (다중변소 기반 에이전트 중재 전자상거래 협상 모델 및 프레임워크 설계)

  • Chung, Mokdong
    • Journal of KIISE:Software and Applications
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    • v.28 no.11
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    • pp.842-854
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    • 2001
  • Today\`s first generation shopping agent is limited to comparing merchant offerings usually on price instead of their full range of attributes. Even in the full range comparison, there is not a good model which considers the overall features in the negotiation process. Therefore, the negotiation model needs to be extended to include negotiations over the more attributes. In this paper, we propose a negotiation model in the agent-mediated electronic commerce to negotiate over prices, product features, warranties and service policies based on utility theory and simple heuristics. We will describe a prototype agent-mediated electronic commerce framework called Pmart. This framework provides the software reuse and the extensibility based on the object-oriented technology. It is implemented on Windows-based platforms using Java and CORBA for the network transparency and platform independence.

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Various Issues on International Guarantee (국제적(國際的) 보증(保證)의 제문제(諸問題))

  • Suk, Kwang-Hyun
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.17
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    • pp.7-35
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    • 2002
  • In many international financing transactions Korean companies are required to issue a guarantee. Thus far, however, legal issues on international guarantees have not been fully discussed in Korea. This is partly because most of the international guarantees are governed by a foreign law such as English law or the laws of the State of New York. In this articles the author examines major concepts or terms and conditions of a typical international guarantee, e.g., language on consideration, primary obligor, joint and several guarantee, unconditional and irrevocable guarantee, continuing guarantee, right of subrogation, representations and warranties, covenant or undertaking, currency indemnity, assignment, participation, governing law and jurisdiction clause, etc. For reference, standard forms of a guarantee and a standby letter of credit are attached to the article. In examining the terms and conditions, the author compares them with similar or equivalent concepts under Korean law. The author further discusses some Korean law issues that may arise under international guarantees governed by a foreign law. These issues include the application of the ultra vires doctrine under Article 34 of the Civil Code of Korea, the validity of an international guarantee which a Korean company has issued in violation of the guarantee ceiling set under Article 10 of the Law on Monopoly Regulation and Fair Trade of Korea and the validity of an international guarantee which a Korean party has issued in violation of the Foreign Exchange Transaction Law. In addition, the author discusses some issues under a so-called independent guarantee and a standby letter of credit. In this regard, reference is made to the Uniform Rules for Demand Guarantee (URDG), International Standby Practices (ISP98) and the Convention on Independent Guarantees and Stand-by Letters of Credit adopted by the United Nations in 1995. Finally, the author examines major terms and conditions of typical comfort letters and discusses some legal issues, such as the binding force of the comfort letter. In dealing with the issues the author underscores that to the extent the issues are not properly dealt with by an international norm such as Uniform Customs and Practice for Documentary Credits or ISP 98, the issues must be analyzed by reference to the governing law of the relevant instrument.

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A Study on the Remedy for Breach of Warranty under the Uniform Commercial Code (UCC상 Warranty 위반의 구제에 관한 연구)

  • 서정일
    • Journal of Arbitration Studies
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    • v.13 no.2
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    • pp.291-319
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    • 2004
  • The seller may take a warranty with respect to the goods. If they are not as warranted, they may be held liable for the breach of warranty. Even when they has not made a warranty, the law will in some instances hold them responsible as though they had made a warranty. An express warranty is a part the basis for the sale. That is, the buyer has purchased the goods on the reasonable assumption that they were as stated by the seller. When the buyer intends to use the goods for a particular or usual purpose, as contrasted with the ordinary use for which they are customarily sold, the seller makes an implied warranty that the goods will be fit for the purpose when the buyer relies on the seller's skill or judgment to select or furnish suitable goods, and when the seller at the time of contracting knows or has reason to know the buyer's particular purpose and his reliance on the seller's judgment. A merchant seller who makes a sale of goods in which he customarily deals makes an implied warranty of merchantability. The Uniform Commercial Code expressly abolishes the requirement a privies to a limited extent by permitting a suit for breach of warranty to be brought against the seller by members of the buyer's family, his household, and his guests, with respect to personal injury sustained by them. Apart from the express provision made by the Code, there is a conflict of authority as to whether privies of contract is required in other cases, with the trend being toward the abolition of that requirement. At common law the rule was that only the parties to a transaction had my rights relating to it. Accordingly, the buyer could sue his immediate seller for breach of warranties. The rule was stated in the terms that there could be no suit for breach of warranty unless there was a privies of contract. The code expressly abolishes the requirement of privies to a limited extent by permitting a suit for breach of warranty to be bought against the seller by members of the buyer. Apart from the express provision made by the Code, there is a conflict of authority as to whether privies of contract is required in other cases, with the trend being toward the abolition of that requirement.

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Unveiling a Website Development for Car Inquiry

  • Loay F. Hussein;Islam Abdalla Mohamed Abass;Anis Ben Aissa;Mishaal Hammoud Al-Ruwaili
    • International Journal of Computer Science & Network Security
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    • v.23 no.2
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    • pp.111-125
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    • 2023
  • Due to the car's central role in modern life, the industry has become more fiercely competitive, with each manufacturer doing everything it can to attract buyers with features like plush interiors, comprehensive warranties, and helpful customer service departments. Customers may not have the luxury of buying a new car, so they will have to buy a used car. Nevertheless, in most cases, the customer (car driver) may be deceived about the vehicle information and history and thus will be confused in making his/her decision to purchase. In addition, after all attempts to obtain vehicle information (plate number, model, year of manufacture, number of maintenance times, accidents, etc.), the customer's many attempts may fail. In general, the government records and verifies the information of all cars, even those that pass through their borders. However, there might still be some trouble in obtaining this information. From this standpoint, we will design a website that makes it easier for car drivers, car companies and governments to carry out all the above-mentioned processes. It will also allow users, whether a driver or a car company, to inquire about all vehicle information through detailed and integrated reports on its condition since its entry into the Kingdom of Saudi Arabia until the present time, in addition to information supported by numbers and statistics to ensure the integrity and reliability of the information. This platform will save the trouble of searching for car information for drivers and car companies. It will also help governments keep track of the information of all cars entering and leaving the Kingdom of Saudi Arabia, which will contribute to facilitating the process of viewing the history of any car that has previously entered the Kingdom's borders.

The Effect of Product Warranty Types on Consumers' Product Attitudes - Moderating Effect of Product Types and Manufacturer's Business Ethical Levels - (제품보증의 유형이 소비자의 제품에 대한 태도에 미치는 영향 - 제품유형과 제조업체 기업윤리 수준의 조절효과를 중심으로 -)

  • Oh, Ku Yeun;Kwon, Ick Hyun
    • Asia Marketing Journal
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    • v.11 no.1
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    • pp.93-112
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    • 2009
  • The purpose of this study was to analyze the effects of explicit and implicit product warranties on consumers' attitudes toward the products, and particularly, the main effects of product types and level of manufacturers' business ethics on the relationship between warranty types and consumers' attitudes. For this purpose, relevant literature was reviewed and thereupon, a survey was conducted for an empirical analysis. As a result of empirically analyzing the relationship between warranty types and consumers' attitudes and the main effects of the product types (search goods vs. experience goods) and level of business ethics (high vs. low) on the relationship, it was found that consumers' attitudes toward the products were more positive when the product warranty was explicit than when it was implicit, and that such relationship was stronger for experience goods than for search goods one. And, the relationship was stronger when the level of business ethics perceived was lower. However, such moderating effects were not significant for consumers' attitudes, but significant for their purchasing intention.

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A Study on the Important Clause of International Sales Contract (국제물품매매계약(國際物品賣買契約)의 주요 조항(條項)에 관한 연구(硏究))

  • Park, Nam-Kyu
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.18
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    • pp.27-62
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    • 2002
  • The international sale contract is the central contracts in export-import transactions. A good sale contract or set of general conditions of sale will cover all the principal elements of the transaction, so that uncertainties are avoided. The parties' respective duties as concern the payment mechanism, transport contract and insurance responsibilities, inter alia, will all be clearly detailed in the contract. The following key clauses should be included in international contracts of sale and general conditions of sale: ${\bullet}$ preamble ${\bullet}$ identification of parties ${\bullet}$ description of goods ${\bullet}$ price and payment conditions ${\bullet}$ delivery periods and conditions ${\bullet}$ inspection of the goods - obligations and limitations ${\bullet}$ quantity or quality variations in the products delivered ${\bullet}$ reservation of title and passing of property rights ${\bullet}$ transfer of risk - how accomplished ${\bullet}$ seller's warranties and buyer's complaints ${\bullet}$ assignment of rights ${\bullet}$ force majeure clause and hardship clause ${\bullet}$ requirement that amendments and modifications be in writing ${\bullet}$ choice of law ${\bullet}$ choice of dispute resolution mechanism Under most systems of law, a party can be excused from a failure to perform a contract obligation which is caused by the intervention of a totally unforeseeable event, such as the outbreak of war, or an act of God such as an earthquake or hurricane. Under the American commercial code (UCC) the standard for this relief is one of commercial impracticability. In contrast, many civil law jurisdictions apply the term force majeure to this problem. Under CISG, the standard is based on the concept of impediments to performance. Because of the differences between these standards, parties might be well advised to draft their own force majeure, hardship, or excusable delays clause. The ICC publication, "Force Majeure and Hardship" provides a sample force majeure clause which can be incorporated by reference, as well as a hardship clause which must be expressly integrated in the contract. In addition, the ICC Model provides a similar, somewhat more concise formulation of a force majeure clause. When the seller wishes to devise his own excusable delays clause, he will seek to anticipate in its provision such potential difficulties as those related to obtaining government authorisations, changes in customs duties or regulations, drastic fluctuations in labour, materials, energy, or transportation prices, etc.

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Study on Remote Data Acquisition Methods Using OAuth Protocol of Android Operating System (안드로이드 환경의 OAuth 프로토콜을 이용한 원격지 데이터 수집 방법 연구)

  • Nam, Gi-hoon;Gong, Seong-hyeon;Seok, Byoung-jin;Lee, Changhoon
    • Journal of the Korea Institute of Information Security & Cryptology
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    • v.28 no.1
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    • pp.111-122
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    • 2018
  • Using OAuth protocol, third-party applications on the Android operating system use user's credentials or access tokens that have access authority on user's resources to gain user's account and personal information from account information providers. These credentials and token information are stored in the device by the OAuth data management method provided by the Android operating system. If this information is leaked, the attacker can use the leaked credential and token data to get user's personal data without login. This feature enables the digital forensic investigator to collect data directly from the remote server of the services used by the target of investigation in terms of collecting evidence data. Evidence data collected at a remote location can be a basis for secondary warranties and provide evidence which can be very important evidence when an attacker attempts to destroy evidence, such as the removal of an application from an Android device. In this paper, we analyze the management status of OAuth tokens in various Android operating system and device environment, and show how to collect data of various third party applications using it. This paper introduces a method of expanding the scope of data acquisition by collecting remote data of the services used by the subject of investigation from the viewpoint of digital forensics.