Little Joe CONFESSIONS… of a HOLLYWOOD HAIRSTYLIST

From Little Joe

Gd’afternoon!

I gotta let you in on something big. I could let you find out by reading the September issue of the www.SnowbirdJournal.com, which I ask you to do anyhow.  But since you are very special to me, I want to give you a heads-up.

Ginny and I have been invited to Shanksville, Pennsylvania in September.  I wouldn’t miss it for the world but… But the event promises to be heart-wrenching.  If you want the details, open the first attachment.

I don’t ever remember asking any group of people to send money for something.  It’s always been my position that how you use your money is none of my business. Still is.

I can think of several people receiving this message who would be upset with me if I didn’t inform you of the opportunity to help a cause that is so fundamentally American.

If you are in a mind-frame, a position to help; wonderful.  If not, I understand without further conversation.  Either way I will not know or ask.  It’s your business.  The second attachment covers this part.

Both attachments, and more on the subject, will appear in the September issue of the SJ, as we say at the office.  So be sure to punch it up.  In fact, you could take a peek at this month’s issue by going to the first paragraph and clicking.  We let an issue fly only when we are proud of it.

Thanx for listening.

Little Joe
With Ginny at the keyboard

PS:  I’m on the final edit of “Love Letters from the Mark Twain Hotel,” the story of how, using 77 actual letters mailed from Hollywood, my father told us the how, who and where he went, busting his agates as he worked to find an agent and get his first movie or TV acting job.  I’m posturing for a late October release.  Again I’m reminded that a little bit of mazel shoun’tn hoit.

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To get “CONFESSIONS… of a HOLLYWOOD HAIRSTYLIST” – Personalized & Signed – go to www.LittleJoesHollywood.com  Available at all Barnes & Noble Bookstores and at Amazon.  Coming soon to KINDLE and NOOK

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Special – SnowbirdJournal, September, 2011

America’s Fab-Forty

The Flight 93 National Memorial in Shanksville, Pennsylvania will be officially Dedicated on Sunday, September 11, 2011, the 10th Anniversary of the tragic date we often refer to simply as 9-11.

Forty (40) people who will be forever known as the Heroes of Flight 93 attacked their hijackers to prevent being crashed into the intended target (The Capitol Building?  The White House?) when they were just 20 flight-minutes from Washington, DC.  The flight terminated violently on 1,000 acres of grass that is surrounded by dense woods and farmland in rural Pennsylvania.

The Flight 93 Memorial has been supported by donations from the most generous people on earth, the People of the United States of America!  The world knows that the American people are a major source of relief to humanity around the world, even helping the people of many unfriendly nations.

Donating to the Flight 93 Memorial is an opportunity to help our own.

The Memorial is $10,000,000 short of completing Phase II.

We still need to build a worthy and functional Visitors Center, as more than 100,000 visitors per year have visited the location before much of anything has been built.  Think of the size of crowds upon completion.  The Memorial will have many artifacts and historical items on display along with personalized recorded messages highlighting each of the 40 Heroes.  The messages are spoken by family members and/or close personal friends.

Phase II will also feature the creation of 40 Memorial Groves Honoring each of the Heroes.  Each Grove will have 40 trees planted on its own acre of land.  Imagine the beauty, the serenity of it all!

So please, pitch in and help.  Support the Flight 93 National Memorial at honorflight93.org or text MEMORIAL to 90999 to donate $10 right now!

We at the SnowbirdJournal salute your Great American Heart and your Generosity!

On behalf of the 40 Heroes and the Flight 93 National Memorial, we most sincerely

THANK YOU!

Mind Control Mind Control Project MK Ultra

Transcription: Cathy O’Brien’s Presentation

http://www.theforbiddenknowledge.com/hardtruth/transcription_cathy_obrien.htm

Mind Control
A Presentation  to Justice Pro Se
by Mark Phillips and Cathy O’Brien
June 4, 1996
Livonia Civic Center Library, Livonia Michigan

transcribed from tape by Peter J. Celano

http://ic.net/~celano/cathtrans.html


Cathy O’Brien speaking:

I’d like to thank Justice Pro Se for having Mark and I come in and speak to all of you, and I’d like to thank each and every one of you for coming out here this evening, to arm yourselves with information on a tool that is being used to usher in what Adolph Hitler and George Bush term “New World Order,” and that is mind control.  You have a right to know and a need to know these secrets that the perpe-traitors* in control of our country have been controlling all of us by for far too long.  Knowledge is our only defense against mind control.

*(Transcriber’s note: Cathy distinctly says, “Perpe-Traitors”.  It is also a term that is used repeatedly in their book.)

I know I am extremely fortunate to have survived my CIA MKUltra mind control victimization.  I know I am extremely fortunate to have survived to this point, to be able to relay this information to all of you.  Many government secrets and personal reputations were staked on the belief that I could not be deprogrammed to remember those things that I was supposed to forget.  They were wrong.  They never considered the strength of the human spirit.  They never considered what would happen when a good man like Mark Phillips found out their secrets and used them for good: used them for the betterment of humanity, used them to restore a mind and a memory, rather than to destroy one and control one.

Now that I am in control of my own mind, and ultimately my free will, I’m telling all that I’ve witnessed and experienced behind the scenes as a White House/Pentagon level mind controlled slave.  I know that my victimization was extreme, and I certainly am not interested or intending to traumatize you with the information of my victimization.  Instead, I want to provide you a comprehensive understanding of the components of mind control, and what the plan is for controlling all of us in this world dominance New World Order effort.  Many government secrets and personal reputations are now being revealed.  Much is coming to light in society today, because people all across this country are beginning to ask questions as to why has our country been eroding morally and constitutionally.  Tonight, this information is intended only to provide you with detailed answers, so that you can be far more effective in this ongoing effort to take back our country.

These perpe-traitors in control of our country have operated on the belief that secret knowledge equals power.  The more we tell their secrets, the more their power erodes, and the better our chances are for effectively taking back our country.  These people that have been in control of our country for far too long are extremely intelligent, yet they don’t think deep.  They are limited in their thinking by their own immorality.  That’s where we all have the edge on them.  They never counted on good people all across this country to spread information in any means available, and it certainly isn’t through our controlled medias.  Information has to be spread word-of-mouth, through meetings such as these, as this one is tonight, that are occurring all across this country, through shortwave radio, through various radio stations and public television.  There are ways for each of us to get the information out.  There are ways to spread the secrets that they would not want you to know.

As you hear this information tonight, please bear in mind that we are all enduring a mind war.  They refer to it as “psychological warfare.”  Mind control is a psychological warfare weapon.  Because it is psychological, we must deal with it in a logical manner, and that’s exactly what they aren’t counting on.  What they want all of us to do is to hear this kind of information, become hysterical, become emotional, and listen to all the “hate crimes” that are being built up in our controlled medias, and start shooting at each other.  They would like nothing more than for everyone to be confused as to who the problem is, and for all of us to end up shooting at each other, instead of logically taking this information, seeing how it effects us, seeing how it has affected us from various aspects of society, and take careful action in an ongoing effort to take back our country.

When the people lead, the leaders follow.

I’d like to begin by giving you a very comprehensive understanding of mind control through my own victimization.  Although my victimization is extreme, it certainly is no more horrific than what is happening in society today, from the erosion of our constitutional values, to the drug wars being brought to our streets, to all the horrors that we are enduring through such things as Waco, Ruby Ridge, the Oklahoma City bombing.  Instead, by giving you this information on mind control, I hope that each and every one of you will have a much better understanding of exactly what is going on in our country.

I was born in 1957, in Muskegon, Michigan, to a multi-generational, incest based family.  My father had been sexually abused as a child, my mother had been sexually abused as a child, and they were sexually abusing me.  As far back as I can remember, my father was sexually abusing me.  And I’ve often heard them brag that he began substituting his penis for my mother’s nipple while I was still an infant.  This confused my primitive sexuality.  It put it into an area of pure survival.  It was the same, to me, as eating and drinking.  It was for this reason that I was targeted as a sex slave in the MKUltra project.

Another reason that I was targeted is because in multi generational families, as the Hitler/Himmler research discovered, and as has certainly been elaborated on since then, was discovered that when a person endures trauma that is literally too horrible to comprehend, the mind’s sane defense to that kind of trauma is to compartmentalize the memory of that event in a certain portion of the brain, so that the rest of the mind… (lost about 5 seconds here.) …”Dissociative Identity Disorder,” as it is now termed.  It used to be called “multiple personality disorder,” but that was not an accurate description of exactly what really is going on.

(Unintelligible) the compartmentalization of memory.  I developed a memory compartment to deal with my father’s abuse.  The part of my brain that dealt with my father’s abuse would actually open up.  The neuro-pathways would actually open up to a part of me that dealt with my father’s abuse could deal with him again and again and again, as needed.  That part of my mind was closed off behind that amnesic barrier, and I would function absolutely free of any memory of that horrific abuse.  I really had no place to put such horror anyway.  It’s not that what my father was doing was morally wrong, that I comprehended.  I was just a little bitty kid.  There was no way I could know that it was morally wrong.  But, instead, I endured the pain and the suffocation of his abuse.

The government understood, from a study that has long since been (unintelligible), that this compartmentalization of memory should prove ideal for keeping their perverse secrets.  Behind these amnesic barriers in the memory compartment is a photographic memory, because the mind photographically records events around these traumas.  Most people know exactly where they were and what they were doing when John F. Kennedy was assassinated.  This is an example of how the mind photographically records events surrounding trauma, because that was an event that traumatized the whole nation.

This kind of photographic memory certainly had the interest of the government, because they knew that Dissociative Identity Disorder children, such as myself, were highly suggestible and could be easily programmed photographically to deliver messages, as it were.  In my case, since I had been sexually abused, I was used as a sex slave, and therefore my suggestible mind was programmed to carry out and fulfill perversions of certain politicians who did not want their perversions known to the rest of the public.  They truly believed that their secrets would be kept secret forever.  Had I not been expertly deprogrammed, I would not ever have been able to think to tell you about what happened, and what I witnessed, as a White House/Pentagon level mind controlled slave.

I developed another compartment in my mind to deal with my mother’s psychological abuse.  My mother suffered from Dissociative Identity Disorder, or Multiple Personality Disorder, as it was known back then, as well.  This is why I don’t really hold her responsible for her actions, but, nevertheless, she was extremely psychologically abusive, and the effects on me were devastating.  I felt that, I developed another compartment to deal with my mother’s psychological abuse.

I developed another memory compartment to deal with the pornography that my father was subjecting me to.  My father had a sixth grade education, and earned his living as a worm digger, and supplemented the family income with proceeds from child pornography.  The child pornography that he was subjecting me to was also being manufactured by my mother’s brother, my Uncle Bob Tanis, also of the Muskegon, Michigan area.  Uncle Bob was part of the Air Force Intelligence, and also claimed to have been working for the intelligence arm of the Catholic Vatican, the Jesuits.  My uncle Bob was heavily involved in the manufacture of pornography at that time.

When my father made a pornography film with me and my uncle’s dog, Buster, which was a kiddy porn bestiality film, they were caught sending this child pornography through the U.S. mail.  When this happened, my uncle Bob Tanis came to him and explained to him that there was an operation going on here in the United States called MKUltra.   He told my father that if he would agree to sell me into the CIA’s MKUltra mind control, that he could receive immunity from prosecution.  My father thought this was a great idea.  He thought that the government actually condoned child abuse.  He went on to have five more children to raise in the project.  There were seven of us in all.

At that time, the child pornography that was being manufactured was being circulated through the local Michigan Mafia pornography ring.  Also at that time, a certain criminal faction of our government was sanctioning this kind of child pornography, because they were interested in finding out which children were being used in the pornography; which children could be targeted for mind control, because they knew that if a child was abused prior to the age of five, before their minds and brains could be completely formed, that they were far more receptive to mind control.  Therefore, a certain faction of our government was interested in mind control experimentation and use, that actually were covering up the Mafia’s child pornography ring.

Once my father agreed to sell me into the CIA’s MKUltra project, we were visited by the head of the local Michigan Mafia pornography ring – or rather the politician that was covering up all of these kinds of perverse crimes in our area.  His name was Gerald Ford.  This is the same Gerald Ford that went into the office of President.

Gerald Ford came out to our house, and he explained to my father how to raise me in the project.  He explained to him how to manipulate my subconscious mind, because since I couldn’t consciously comprehend the horror, (I mean, where in the world would I place something so horrible in my mind anyway?) I was functioning on subconscious level.  The subconscious mind does not comprehend – does not question or reason or rationalize things that it is told.  Information that is fed in is readily accepted, through either hypnotic language, language of the subconscious, or neuro-linguistic programming, as it is officially called.  My father called it “reverse psychology,” and he was immediately flown off for a two week course on what he termed “reverse psychology” in Boston, Massachusetts.

When he came back, my victimization became much more horrific, because of the information and the knowledge that my father had learned.  My father began applying what he had learned, and in his attempt, he was attempting to scramble fantasy with reality, so that what was happening to me would seem like it was just happening in a dream, or it was just a storybook, or something that wasn’t real.  It was much easier for me to believe something like that than to actually have to deal with reality, that my father was so perverse, and the abuse that I was enduring was actually being condoned and sanctioned by a criminal faction of our government.

At that time, my father had been instructed to take me to Mackinac Island, Michigan.  Mackinac Island, as I am sure most of you are well aware, is located between the U.S. and Canadian border, in essence, and it’s where the Michigan Governor’s Mansion is located.  It is a political retreat, where politicians from all over the country meet and discuss their political agendas.  At that time, the governor of Michigan was Governor George Romney.

It was my experience that Governor Romney was interested in implementing mind control into various aspects of society.  He truly believed that mind control was a necessity in society.  He believed in the kind of mind control that I was being subjected to.  He also believed that bringing mind control into the school system would be very beneficial for teaching children greater amounts of information.  The Michigan Education System ranked first in the nation for quite some time during those years.  It was actually a forerunner of global education, or “Outcome Based Education,” as it is now called.  This was one area that I was aware Governor Romney was particularly interested in.

It was also in Mackinac Island, Michigan, that I was subjected to the perversion of Gerald Ford.  Gerald Ford had been sexually abusing me for a long time anyway.  It is not that he was a typical pedophile, like another one of my abusers was, but instead it was more that he was interested in traumatizing the minds in sexual abuse so that he could gain control.  He’s what I refer to as try-sexual.  He’d try anything, with anybody, any age, any time, anywhere.  It didn’t matter.  What mattered was the perversion of power.

Another one of my abusers at that time was then Michigan Senator, later U.S. Congressman, Guy VanderJagt.  Guy VanderJagt was an absolute pedophile, and had been sexually abusing me for quite some time.  Unlike Gerald Ford, he did not abuse me throughout my victimization.  He did not abuse me through the Reagan/Bush administration, and when that reached into adulthood.  Instead, he was sexually abusing me as a child, and preparing my mind for mind control, and for the role that I would be forced to participate in, in this MKUltra project.

I’m telling you these names, not because I think there’s any kind of glamour in being sexually abused by politicians.  Really, quite the contrary.  I’ve named names in our book, “Trance Formation of America,” in order that you know exactly who and what is in control of our country, and for what purpose.  I realize that here in Michigan many of you are familiar with these names.  There has been a deliberate smoke and mirrors illusion created to fool the American population into believing that their “New World Order” effort is an effort toward world peace of some kind, when in fact it is a world dominance effort that has been in motion for quite some time.

It was in Mackinac Island, Michigan, that I first learned some of these components of New World Order mind control, and other aspects of mind control victimization.  Since I was being traumatized, I was photographically recording conversations, and I learned how people such as myself, with Dissociative Identity Disorder, were considered prime candidates, or “chosen ones,” for mind control.  Not only because of the compartmentalization of memory, but also because when a person is so traumatized and operating through these various compartments, they have no memory of events that had occured previously, and therefore they don’t know to be tired, and endurance is increased tremendously in a person suffering from Dissociative Identity Disorder.

Likewise, a person develops 44 times visual acuity.  I believe it is an effort to see things before they happen, in an effort to see the trauma before it actually occurs, and the eyes are open wide, and it’s as though the victims develop eyes in the back of their heads.  44 times visual acuity means that a person so trained would be able to shoot and never miss their mark.  They would never miss their target, because with that kind of visual acuity they are far more apt to be able to see and to aim and to shoot, and therefore Dissociative Identity Disordered persons were targeted themselves for mind control for military operations, for military intelligence, mercenary operations, paramilitary operations, and espionage.

I was never trained in that particular area because I was being raised as a sex slave.  I was being raised to carry out and fulfill the perversions of certain politicians in control of our country.  And they certainly didn’t want someone who was being prostituted to politicians to even know how to shoot a gun.

I also learned at Mackinac Island Michigan about the Catholic’s involvement in mind control.  Now this is certainly not to say that all Catholics are bad.  Not any more than I’m saying that all CIA is bad.  I’ve since learned that seems to be a criminal faction running through most aspects of our society, and it was my experience, having come from a predominantly Catholic area and being raised a Catholic, that I was subjected to the Catholic aspects of mind control.  At that time, then Prime Minister of Canada, Pierre Trudeau, who claims publicly to be Jesuit, was very much interested in mind control, was interested in mind control of the masses.  He was a part of that intelligence arm of the Vatican that was interested in becoming the one world church in the New World Order.  I heard many conversations pertaining to how criminal covert activity is going on in this country and around the world, would be funneled through the Catholic Church and designated immune, for implementing what Adolph Hitler and George Bush term “New World Order.”

It was around that time, 1966 to be exact, that I made first communion at our local Catholic Church, Muskegon St. Francis de Salles.  At that time, Father Don was the head of our church, and was bringing mind control in on a mass scale.  I’m sure many of you all know the Catholics have been sued for vast amountsof money for child abuse proliferated in the church.  And this is one reason why.  In 1966, after I made my first communion, I was subjected to what was termed “The Rite To Remain Silent.”  That’s R-I-T-E, as in ritual.  And I was subjected to an occult ritual.  Occultism is of course a reversal of the Catholic Mass, and this was in keeping with that “reverse psychology” that my father learned.  This was in keeping with the language of the subconscious, and this was in keeping with the incomprehensible.

At that time, VanderJagt came in and joined Father Don in exposing me to a blood trauma that was so horrific to me that it just blew my mind.  When this happened, they used the hypnotic language, the language of the subconscious, to manipulate my subconscious in such a way that I lost control of my own switching processes at that time.

In other words, that compartmentalization that I was talking about, like where I had that compartment that would deal with my father’s sexual abuse, as needed.  I no longer had the ability to switch into that compartment that dealt with his abuse.  I completely lost that ability with the “Rite To Remain Silent.”  Instead, they placed a series of hypnotic codes, keys and triggers in place of my natural switching mechanism, so that they could decide when, where and how that particular compartment of my brain could be accessed.  That way, when I was programmed later on with specific government messages, and with specific perversion that I was forced to carry out, that they would decide when and how it would be accessed, by using those codes, keys and triggers to access that part of my brain.

After this “Rite to Remain Silent,” I no longer heard voices in my head, which really was my own voice, because I used to make decisions by pulling from different compartments and perspectives of my brain, and trying to forumulate a decision by arguing back and forth to make the decision.  After the “Rite to Remain Silent,” it was silent.  All I heard from then on were the voices of my abusers telling me exactly what it was I was supposed to do.  I had no ability to express any free will at all after that, and I certainly would not have participated in any of these events that I was forced to participate in of my own free will.

After this “Rite to Remain Silent,” I was exposed to and dedicated to who would become my owner in the MKUltra project, U.S. Senator Robert C. Byrd.  Senator Byrd had been in office as long as I had been alive.  He’s still in office today.  He’s head of our Senate Appropriations Committee.  He’s holding our country’s purse strings, and his agenda is for New World Order control, and has nothing to do with the constitutional values and freedoms that we’ve enjoyed in this country.

As my owner, Senator Byrd would decide where I would be taken, for what purposes, and how I would be programmed.  He decided which various military and NASA installations I would be taken to for sophisticated mind control programming, and later on, throughout the Reagan/Bush administration, it was Senator Byrd who decided what criminal covert operations I would be forced to participate in.

Senator Byrd was extremely brutal in his perversions, which further compartmentalized my memory of the horrors that I was experiencing and being subjected to.  One of the first things that Senator Byrd ordered was that I be sent to Muskegon Catholic Central High School.  At Muskegon Catholic Central, the groundwork for the Outcome Based Education was already in full swing.  They were testing the effects of trauma on the human mind, because it was my understanding, from everything that I heard and experienced, that the Catholics had long since learned the effects of trauma on the human mind, through such things as the Spanish Inquisition.  They have been gathering information for centuries.  And they were taking that knowledge, that certain criminal faction within the church that needs to be exposed and taken out of the Catholic Church.  They had gathered up information and combined it with the information that the CIA had gathered through the Hitler/Himmler genetic mind control research.  Together, it was very powerful mind control information.  It was extremely effective.

At Catholic Central, I was subjected to occult rituals during school hours, as were many others who attended Catholic Central.  As a result, I was photographically recording everything that I learned in school.  I got straight A’s in school.  I was doing excellent, but yet I wasn’t comprehending anything.  I didn’t know how to use the different knowledge I was gaining.  But, nevertheless, my brain was being packed in full of knowledge because of the trauma that I was enduring.

It was while I was in Catholic Central that Gerald Ford went into the office of President.  This furthered what I had been conditioned to believe: that I had no place to run and no place to hide.  Of course, since then, since I’ve been deprogrammed, I know I do have a place to run, and it’s right at them.  And I’m not the one with anything to hide.  They’re the ones who are hiding their secrets under this cloak of so-called “national security.”  But, nevertheless, that then was absolutely devastating to me because I sensed, I really couldn’t think or rationalize, but yet I sensed that the whole world condoned child abuse, that the whole world was somehow involved in this, and that I’d long since lost my hope that there was a place in the world where good people even existed.

I truly felt that there was no place to turn to or run for help.  Who was I to run to?  My parents?  The church?  My school?  Local politicians?  Now I knew I couldn’t even turn to the President of the United States.  I felt totally trapped in mind control, which is exactly what they want, because the more helpless I felt, the more control that they had.

In 1977, Senator Byrd ordered that I be transferred to Nashville, Tennessee.  In Nashville, Tennessee, mind control was in full swing.  The CIA operations that were being to run through the country music industry.  Drugs were being distributed throughout the country, particularly cocaine.  And the proceeds were going into the CIA’s “black budget.”  This was funding New World Order control.  Even now I wonder at how we could have any kind of a national debt, when I know that all the money that was being generated in this country was being used to fund these New World Order controls.  If we had access to the money that was being used against us, we wouldn’t have any national debt.

Yet the country music industry was very much a part of the CIA’s criminal covert operations at that time, and Senator Byrd had strong connections into Nashville Tennessee because he fancied himself an entertainer of sorts.  He fancied himself a fiddler.  Even though he was from West Virginia, he was a Nashville (unintelligible) that he’d fiddle on the Grand Old Opry.  On the occasions that I was sent to Nashville, Senator Byrd was fiddling on the Opry.

At that time, there was a musician playing music behind him named Wayne Cox.  Later, Wayne Cox told me that musically wasn’t the only way that he also backed Senator Byrd, but that he backed him politically as well.  Wayne Cox subjected me to an occult ritual during which I was so traumatized that my suggestible mind accepted the program that Wayne Cox would become my first handler in this CIA MK Ultra project.  As my handler, Wayne Cox would follow orders from Senator Byrd, to make sure that I was at designated places at specific times for whatever purposes Senator Byrd ordered.

The first thing that happened is I was taken to Wayne Cox’s home state, to Chatham Louisiana.  Senator Byrd wanted Wayne Cox to become my first handler because he knew that I would be subjected to further trauma.  Senator Byrd wanted more compartments developed in my brain.  He wanted more compartments to be programmed for the criminal covert operations that I would be forced to participate in.  And therefore I was subjected to numerous occult rituals.  This manipulated me by my religion, and made me feel totally hopeless in what was going on.

Wayne Cox was using trauma to trigger other mercenaries into operation at that time, because in the state of Louisiana, under the direction of Louisiana Senator J. Bennett Johnston, there was a mercenary operation in full swing.  And these mercenaries had all been Dissociative Identity Disorder children who had been targeted by the CIA for mercenary purposes.  They had been trained to carry out these secret operations, and to keep the secret within the compartments of their brain.  J. Bennett Johnston was directing them.  And Wayne Cox, under the direction of J. Bennett Johnston, would go and trigger through trauma these mercenaries into operation while delivering J. Bennett Johnston’s orders.

By 1978, it was determined that I had endured sufficient trauma to be programmed on a more sophisticated level, and J. Bennett Johnston took to me Tinker Air Force Base in Oklahoma.  It was there that I endured the first extensive military mind control programming that would force me to participate in a trial run operation.  At that time, J. Bennett Johnston was sending the mercenaries into South America, and he firmly believed that when the airplanes went to South America with the mercenaries, that they should not come back empty.  Therefore, the airplanes were coming back full of cocaine, that would further fund the CIA’s criminal covert operations, and usher in the New World Order.

I was programmed to deliver a large quantity of cocaine from the state of Louisiana into the neighboring state of Arkansas.  I took a large quantity to a remote airport in Ouachita Forest, which I have since identified as Mena Airport.  It was 1978.  Bill Clinton was governor of Arkansas.  After delivering that large amount of cocaine, I delivered a personal stash of cocaine, as ordered by J. Bennett Johnston, along with a message from him and a packet of information.  At that time, I witnessed Bill Clinton snorting two lines of cocaine.  Yes, he did inhale.

This was not the last time I would be exposed to Bill Clinton.  I would know him throughout the 1980′s, throughout my victimization, until my rescue and my daughter’s rescue in 1988.

My sexual experience with Bill Clinton was extremely limited, because it was my experience that Bill Clinton is bisexual, leaning far more toward the homosexual end.  It is for that reason that we can consider why Bill Clinton ordered, this year, in the Outcome Based Education system, that our children have to endure a “Gay Celebration Month.”  Throughout the month of October, our children were taught all the glories of homosexuality because of Bill Clinton.  This wasn’t “Gay Awareness.” This was gay celebration.

I have witnessed Bill Clinton involved in homosexual activity, and it was Hillary who accessed my mind control programming as a sex slave, and used my sex programming.  It was my experience that Hillary, too, leans far more toward homosexuality.

J. Bennett Johnston, back in Louisiana, was still traumatizing my mind, and confusing my mind.  He told me he was an alien.  That was pretty easy for me to believe!  What he was doing certainly was alien to my (unintelligible.)  He told me the story about how he had been  part of the Philadelphia Experiment.  He said when the ship disappeared, it came back a spaceship.  At that time he took me through a high security area of General Dynamics and showed me the then top secret Stealth Fighter.  I mean, here it was, the triangular Stealth Fighter, that I hadn’t learned anything about in my text books or read about in the newspapers.  It was still classified.  I saw this triangular technology, and I truly believed it was a spaceship.  I truly believed that J. Bennett Johnston was an alien.  I tell you this because I know for a fact that those in control of our government will go to any length to make all of us feel totally helpless.

Technologically, they are 25 years ahead of us.  They are 25 years ahead of us in information, because they have been using that blanket of national security for a long time to withhold information from all of us.  You can imagine what has happened over the last 25 years technologically, what those advances are: computers, microwave ovens, all the things that are in our households in the last 25 years, and consider that they in Washington are at least 25 years ahead of anything we know technologically.  In order to make us feel helpless, it is their plan to reveal some of that technology, and claim an alien invasion has occurred.  This certainly isn’t to say there aren’t any aliens.  Just because it wasn’t my experience doesn’t mean that it there aren’t any.  But in order for us to have the accurate information, we need to know what government misinformation is being planned for all of us, and how we are all being conditioned to feel totally helpless, and surrender to New World Order control.  That is the plan.

My abusers always claimed to be aliens or demons or gods, something that I thought was beyond my realm to effect.  And I am here to tell you all now that they are just people, and they are subject to the same laws that the rest of us are, and this criminal activity that they are proliferating behind their blanket of national security has got to be exposed.  By shining the proverbial spotlight of truth on their criminal activities, they will have to flee.

By 1980, my daughter Kelly was born.  She was born right into the MK Ultra mind control project, on a much more sophisticated, high tech level of victimization than I had ever been subjected to as a child.  The technology had advanced.  Kelly was exposed to harmonic mind control programming at NASA installations and military installations literally since birth.

When I was just a little girl, way before that “Right to Remain Silent,” back when I had a free thought to myself on occasion, I thought how wonderful it would be to have ten children.  Because (unintelligible) number, but I also felt like that would be ten children in this world that I knew would not be abused.  I didn’t believe in child abuse.  And yet, by the time my daughter Kelly was born, I had no ability to prevent her abuse.  I certainly didn’t contribute to it in any way, but I couldn’t think to prevent it.  I couldn’t think to stop what was happening (unintelligible).  My own survival instincts had long since deteriorated.  So instead they would use my daughter, Kelly, to manipulate me by my maternal instincts, and for the rest of our mind control victimization, I carried out every criminal covert operation that I was forced to participate in as though Kelly’s life depended on it, because I truly believed that it did.

As soon as Kelly was born, Senator Byrd ordered that we be transferred back to Nashville, Tennessee, where we would be under the control of our second mind control handler, Alex Houston.  Alex Houston was the stage hypnotist and ventriloquist in the country music industry that Mark referred to earlier.  Alex Houston would provide a means of Kelly and I traveling throughout the United States to various military and NASA installations for mind control programming, in and out of Washington DC, into Canada, throughout Mexico, and throughout the Caribbean.

The country music industry would provide the perfect cover because I dressed like a prostitute and I acted like a total air head, and people tended to think that was probably the norm for the life of a country music entertainer.  That was the public image that was protected.

When Senator Byrd ordered that Kelly and I were taken in for mind control programming, we were subjected to sophisticated mind control programming by our primary mind controller at that time, programmer, Lt. Col. Michael Aquino.  This is the Lt. Colonel of the psychological warfare division, and founder of the occult Temple of Set, that is proliferating on our military bases.  The same Lt. Col. Michael Aquino that is named in the Presidio daycare scandal.

He uses occultism as a trauma base for mind control, and it is my experience that his satanic power was in the form of a stun gun.  This high voltage stun gun was used in conjunction with sleep, food and water deprivation, to compartmentalize memory of programs into my child’s brain.  He knew that this method of mind control would be sufficient for carrying out government operations.

In 1983, Senator Byrd ordered that I attend a White House cocktail party, and he acted in the capacity of a pimp, and prostituted me to then president Ronald Reagan.  Ronald Reagan, as you all well know, is an actor, and he was acting to create an illusion of something entirely different to the American populace, while behind the scenes he was very much involved in implementing New World Order controls and eroding our constitutional values.

I heard Ronald Reagan say to then Prime Minister Brian Mulroney of Canada, who was also involved in this New World Order effort, that he believed the only way to world piece was through mind control of the masses.  I know from personal experience that there can be no peace of mind under mind control, and I wonder what kind of a world peace could we possibly have with people that have no peace of mind?  Since I wasn’t in control of my own mind, I had no free will, and without a free will, I had no ability to express soul.  I had no ability to express spirituality, and I am deeply concerned for a plan of mind control of the masses, and deeply concerned for the plan for a totally robotic society for the purposes of world peace?  It certainly isn’t my definition of peace, and certainly is one more reason why it is so imperative that all of you know what mind control entails, so you can think about it and take action now, while there is still time.

At that point in time, I also heard Senator Byrd talking about how he was counting on the American populace to do absolutely nothing about all of this.  Because he said good people don’t think to look for criminal activity.  Good people don’t have criminal minds and they don’t think criminally, and therefore when we have something put in front of us like “world peace,” something that we all hold so precious and dear, we’re not apt to look behind that, at what the reality is behind the scenes, and they were counting on good people to do absolutely nothing and to assume absolutely nothing.

Once again they were wrong, because I am seeing all across this country where people are gathering, sharing information, absolutely disgusted by the way their churches are being infiltrated with occultism, by the way their children are being abused horribly, sexually, in the churches, in the day cares.  They are appalled at the way the so-called “war on drugs,” which in essence is no more than the CIA eliminating their competition, has been brought to our street corners, and our streets have been turned into a bloodbath.

The erosion of constitutional values and morality in this country have reached such proportions that people are beginning to ask questions.  And as we begin to ask questions, we must provide them with specific details, so we can be more effective in taking back our country.

During the 1980s, I was forced to work under President Reagan’s Secretary of Education, Bill Bennett.  Bill Bennett publicly claims to be a Jesuit, but he does not define the faction of the Jesuit Order that he is talking about.  He, along with Lamar Alexander, who is also a victimizer in all of this mess, are responsible for bringing the Outcome Based Education into our school system.  The Outcome Based Education was designed to increase our children’s learning capacity, while decreasing their ability to critically analyze.  By decreasing their ability to critically analyze, they will readily accept information.  And I’m seeing now where people all across the country are absolutely upset with the way that they send their children to school, and their children come home completely different and robotic, completely different from anything that they recognize, with values of Socialism and New World Order control.

Home schooling has become the norm in this country.  Senator Byrd has said that he would withhold funding to the various states until it reached a point where state governments would be reliant on the federal government to come in and help them with the education system.  This year, every state in the United States accepted the Outcome Based Education financing, because they were told it was the only way they could receive any federal funding or any grant money.  Every state in the United States accepted Outcome Based Education but one.  One governor said the federal government has no business meddling with our children’s minds, and that is Fob James Jr. of Alabama.  I applaud him for having the (unintelligible.)

This Outcome Based Education is a very serious problem for all of us, and it’s setting the groundwork of controlling the minds of our children for New World Order control, which is exactly what Adolf Hitler said in 1936.  He said he didn’t care who didn’t want to accept the New World Order, because he had the minds of the children.  I have heard it discussed in Washington D.C. how they believe that they can control the future by controlling our children.  We must be alert to what is happening in our school systems.  It is said that the price of freedom is eternal vigilance.  We must be vigilant with this last freedom that we’ve got – freedom of thought.

Throughout the eighties, I was forced to participate in the CIA’s so-called “war on drugs,” and mule copious quantities of drugs into this country against my will, and I want you all to know that our government is involved in that erosion of our morality and that erosion of our society.

In 1988, Mark Phillips rescued my daughter Kelly and I.  I certainly couldn’t think to escape our mind controlled system.  He rescued us and took us to the safety and serenity of Alaska, and it was there that we were safe for the first time in our lives, and the memories began flashing across our mind’s screen.  And as these memories flashed, I became enraged.  Enraged at all the years that had been taken from me.  Enraged at the federal covert operations I was forced to participate in against my will.  I was enraged at what had been done to my daughter, and I was enraged at what the plan was for New World Order controls on all of us.

This rage was absolutely blinding me from any recovery.  It was totally immobilizing, were it not for Mark’s wisdom in telling me that recovery is the best revenge.  And the best way to recover my memory and my mind was through using logic.  And the best way to logically deal with what happened was to write out my memories of those events rather than verbalize them.  By writing out these memories, I used a portion of my brain that bypassed emotions.  Having a new conscious awareness, and having this kind of logic brought into the deprogramming process, I was finally able to question, to reason, to critically analyze, and to begin to finally understand the incomprehensible.  As fast as their information was deprogrammed, it was verified by concerned members of law enforcement, the intelligence community, and members and factions of our government.  This information was disseminated widely and vastly, because we knew that by not keeping any secrets, that we could survive, to reach this point in telling you all exactly what’s going on behind the scenes in our government.

It’s a fact that 95% of the people are led by 5%.  This really holds pretty much true, because not everybody can accept this information or act on this information, or even wants to hear it.  All we need is 3% of that 5% to be back in control of our country.  That’s a small number, but we’ve got to get this information out.  We have got to spread this information as far and fast as we can.

My daughter Kelly was not so fortunate.  Through a series of events, she ended up in the custody of the State of Tennessee, where she remains a political prisoner today.  She was 8 years old when Mark rescued she and I, and she enjoyed one year of family love and a loving relationship.  Mark and I fell in love throughout this process, and I feel extremely fortunate to have found the kind of love that most people spend a lifetime looking for and seldom ever find.  But we have got a beautiful, loving relationship, which gave Kelly a view of life that she has never experienced before.  And this is the hope that she maintains, waiting, while she is locked up in a political prisoner environment, where she is denied rehabilitation, due to who and what she knows is involved in MK Ultra.

It certainly raises the question, what “national security” has to do with the rape and molestation of innocent children’s minds and bodies.  Because the violations of laws and rights continue to proliferate in Kelly’s so-called “legal case” is all happening under a blanket of so-called “national security.”  This is a national security that is threatening the security of our nation, when it covers such crimes as child abuse, political perversion, the CIA’s involvement in drugs, manipulation of our children’s minds through Outcome Based Education, and exactly what mind control is.

For this reason, Mark and I went to tremendous lengths to circumvent any national security censorship, and self published our book, “Trance Formation of America,” that provided far more detail than I could give you tonight, in order that you could be armed with sufficient information that you have a right to know, so that we can all be far more effective in our efforts to take back our streets, to take back our churches, to take back our schools, to take back our country, and to take back our world.  It is truth that sets us free.  Please help us to spread this word.  Thank you.

(This concludes Cathy O’Brien’s portion of the presentation.)

 

1. Multi generational abused children, Project Paperclip

http://www.youtube.com/watch?v=Al5Ql0mKJ_E&feature=related

 

2.

http://www.youtube.com/watch?v=H12alkpstcQ&feature=related

  1. 3.        http://www.youtube.com/watch?v=5h2WFuJA9Nk&feature=related
  2. 4.         

__________________________________________________________________________

http://intelligence.senate.gov/nsaact1947.pdf

 

* 1 http://www.youtube.com/watch?v=7tRvnbn5jn8&feature=related
country music industry , mind control, *2.http://www.youtube.com/watch?v=HnckmBHD_5I&feature=related

 

 

Moving-World

                                       Moving-World DECEPTION!!

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There is Something about Space that THEY Don’t Want You to Know:

The Sun “Spiral-Orbits” Around the STATIONARY, Spherical Earth!!

 

The World (Earth and unattached atmosphere) is neither rotating around its own axis nor orbiting the Sun. In reality the Sun, Stars and Moon are going around the Stationary, Spherical World just as observed and just as the Bible says:

(Sun 24hrs… Moon 24hrs 50min 28sec… Stars 23hrs 56min 4sec… all east-to-west).

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True, non-hypothetical Science (observational data, our senses, physical experiments, and logic) contradicts the assertions of Mainstream Science’s existing deceitful, fraud-ridden, unverifiable, State-funded, “mathematical” (exists and works on paper and in imagination only) model of the universe that is saturated with metaphysical nonsense and derived from the mystical Zohar/Kabbala (sorcery/darkmagic/witchcraft) of the Pharisee RELIGION. Moreover, the intelligible Christian Bible’s voluntarily-funded Geocentric/Geostationary model of the universe proclaims:

     The Sun’s PATH Creates and Completes an Orbit Around the Motionless, Spherical Earth Daily.

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* The Sun and Moon “circle daily” East-to-West whilst set within and carried along a spiral North-South path;

Sun: about 6 months southbound then about 6 months northbound;

Moon: about 2 weeks southbound then about 2 weeks northbound.

The Stars are set within the inner surface of a ROTATING Celestial Sphere and “circle nightly” from East-to-West.

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             Moving-World DECEPTION!! – The Grandaddy of all False-Science Government Funding* Frauds!

- True-Science website created by: Bernard of the bloodline-heritage Brauer, a spiritual man created by God

and joint-heir with Christ of the Kingdom of God.

 (Be careful of using the word Family: A name that comes from the Roman root word: Familae, definition: A household, of SLAVES).

- Deception fabricated by Satan: Prince of Destruction in this World.

Last updated: December 11, 2010             Calculator               Webster’s 1828 dictionary            Index of all pages


*Funded through coercion by Government Serial Bullying and Government Domestic Violence – i.e. Gov-violence enforced taxation (theft) and

Gov-violence enforced currency monopolies (extortion).

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                                                    IT SUNBELIEVABLE!


(Photo credit – Danilo Pivato – Copyright – permission obtained)
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Begin with prayer,

Prayer to Christ Jesus, the Intercessor and the Creator of the Universe, for Godly wisdom, discernment and understanding in the affairs of True Science Bible Geocentrism – HERE.

“Even the weakest believer can pray: and prayer is a mighty weapon. Prayer can do anything that God can do. Learn to pray; because more can be accomplished by prayer than by money, talent or even by hard work.”

 

Anti-Church, Pro-Christian, Pro-God, Pro-Bible page - HERE                                                              

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*Left image (above): “The Earth is stationary due to the perfectly balanced totality of all the motive forces in the universe and because it is the absolute reference frame and that to which the rest of the universe was built/created around and affixed to. The universe is attached to the Earth, not the Earth to the universe.”   “Both the stationary Earth and the stationary satellites are electromagnetic phenomena with gravity playing a minor role, if any.”

*Right image (above): The Sun’s PATH, fixed or “set” within the rotating firmament, spiral-orbits the Earth north-south and clockwise from the Tropic of Cancer to the Tropic of Capricorn in six months and then “alters course laterally” (carried along by rotating stellatum or firmament) to spiral-orbit south-north and continues clockwise for the next six months (total of one tropical year). Seasons result from the yearly helical oscillation of the Sun’s path around the non-tilted and stationary Earth.

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Solar Analemma:

  (position of the Sun, on a single piece of film, recorded at the same time each day throughout the year)

                                                                   (Photo credit – Anthony Ayiomamitis – Copyright – Permission Obtained)

“What creates the Analemma in this spiral are the fluctuations in the Sun’s velocity at different times in its spiral orbit. Towards July the Sun’s spiral speed is slowing down, but the closer it gets to January the Sun’s spiral speeds up, then, as the Sun spirals away from January it begins to slow down again.” Allen Daves

 

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“In the world, in which we live, some things that occur are hard to understand and even harder to believe. There is a force out there that is attempting to overtake us all; it is SATAN. There is another force out there that is protecting us from him; it is the HOLY SPIRIT … It is a battle for souls. This battle is called Spiritual Warfare, and like it or not …

YOU are right in the middle of it and YOUR soul is one that is being sought after.”

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        Moving-World DECEPTION – Geocentrism website based on the Christian Holy Bible AND TRUE-SCIENCE:

MWD is resolute in its commitment to deprogramming people from the Heliocentricity Deception (belief in a rotating and orbiting World) through “schooling-detox” (see: The Power of Words). The research on this website and its links seeks to: 1 – help the reader recognize Heliocentricity mind control victims by deciphering and decoding the programming blueprints, patterns and formulas – thus exposing the false-science programmers and handlers (“teachers, professors, and journalists”).  2 – Increase readers level of awareness, so that ultimately YOU will detach and YOU will become deprogrammers (true-science educated Geocentrists). It is our fervent belief that through “Unschooling”, this awareness will reach “critical mass” and pierce through the “post-hypnotic” (post-secondary) state most exist in.

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 “The LORD reigneth, he is clothed with majesty; the LORD is clothed with strength,

wherewith he has girded himself: the world also is stablished, that

it cannot be moved.”

                                                                         Psalm 93

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The Earth is NOT Moving !! … Facts:  (by Marshall Hall):

 

- THERE IS NO PROOF THAT THE EARTH ROTATES ON AN “AXIS” DAILY AND ORBITS THE SUN ANNUALLY. NONE.

- All calculations for eclipses, the space program, navigation, satellite movements – anything that demands precision and accuracy – are based on a non-moving Earth. Boiled down, heliocentric math is the same as Geocentric [also called Geostatic] math.

- NO EXPERIMENT HAS SHOWN THE EARTH TO BE MOVING (much less at 32 times rifle bullet speed) [ 66,600 mph = 100 mph x 666!!! ] in solar orbit and at 250 times RBS around a galaxy. One would think such speeds would flap one’s collar a little even if the “science” establishment says no!)

- Multiple experiments have shown the Earth to be stationary.

- Revisionist history reveals the roles that Copernicus, Kepler, Galileo, Newton, Einstein, Sagan et al have played in foisting this LIE on mankind.

- The logic against a moving Earth is overpowering.

- WORLD-CLASS astronomer Sir Fred Hoyle said take your pick between the two models.

- Copernicanism paved the way for Darwinism (which then spawned Marxism, Freudism, Einsteinism and Saganism.)

- Star speeds are not a problem when the thickness of the universe is seen to be what it really is, that is, LESS than half a light day thick (8 billion mile radius).

- NASA’s space program is labelled “Origins Research” and costs taxpayers mega-bucks. Computerized telescopes are programmed to send back “synthesized images”. The “image warper” permits “geometric transformations” while “origins technology… configures the multiple small mirrors…”  in these telescopes. Talk about a con job!

- The Bible says [67 Scriptural references HERE] The Earth is NOT Moving and cannot be moved. What’ll it be folks? False science as the source of absolute truth… or God’s Word?


Order book The Earth is NOT Moving HERE (offered for sale on Amazon for $80used,

but you can buy a brand new copy for $20).

———-

                           Free Audio Sessions – four part series by Marshall Hall – includes:

* Six Assumptions… but No Science

* Phony Telescopes

* Phony Cameras

* False Redshift

* False Infrared

* Phony Math

* Phony Virtual Reality Technology

* Phony Star Distances

                           ALL HERE – (or go HERE and scroll down to “Online Radio Station”)

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Geocentrism (also called Geostationary = motionless Earth, moving Sun) is the Most Exciting,

the Fastest Growing and Most Significant Truth Movement on the Internet!

The Geocentric Cosmogony will Thrive Because it is True. Its Adherents are Multiplying,

and are the Most Intelligent of Men and Women!

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Decisive and Critical Test for “Bible-only” Fundamentalist Creationists

“Churches [most pastors and members] not only refuse to attack the fact-less Copernican Model, they refuse to honor over 60 plain Scriptures which declare that it is the Sun and not the Earth that moves. Incredibly and hypocritically, they even reject and REVERSE what those Scriptures say!”  Marshall Hall

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Does anyone ever sanction deceiving others as a criminal act, or decree doublethink (the power of holding two contradictory beliefs in one’s mind simultaneously, and accepting both of them) as schizophrenic or a mental disorder?  We feel and sense no movement of the World yet many people accept the so-called experts (schmexperts) view that the World is rotating on an “axis” and orbiting the Sun.

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ALL SCIENTISTS WHO BELIEVE IN A (Mythical) MOVING EARTH ARE RELIGIOUS – They promote an alternative “creation scenario” from a holy book (Zohar/Kabbalah) – to wit:  “The Universe began out of nothing 13.7 billion years ago and has expanded in an evolving process that resembles one that Jewish mystics envisioned centuries ago. In Let There Be Light, astrophysicist Howard Smith clearly explains the modern scientific understanding of the cosmos and explores how it complements Judaism’s ancient mystical theology, Kabbalah. He argues that an underlying harmony exists between [Mainstream] science and [Kabbalah] religion…”  HERE

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“For we are opposed around the world by a monolithic and ruthless conspiracy that relies primarily on covert means for expanding its sphere of influence … It is a system which has conscripted vast human and material resources into the building of a tightly-knit, highly-efficient machine that combines military, diplomatic, intelligence, economic, scientific and political operations. Its preparations are concealed not published. It’s mistakes are buried not headlined. Its dissenters are silenced not praised. No expediture is questioned, no rumor is printed, no secret is revealed.”  John F. Kennedy

 

“They (NASA) have been outed on the Apollo Moon Landing nonsense, they’ve been made fools of. Anybody that looks at the data and information knows that they’ve lied and they’ve been caught at it. But we’ve also caught them on the Comet Hoax, the Asteroid Hoax, and we also caught them on the Mars Landing Hoax, we caught them on so many lies it’s come to the point now that when they came out with the supposed  Exoplanet Discovery, even before they get done speaking … the line that they found water and an organic molecule on some imaginary exoplanet … with a telescope that uses pre-programmed software … everybody already says it’s nonsense, it’s horse-malarkey and the fact is we’re starting to see that these people they don’t have an ounce of credibility left, they have squandered their ability to manipulate the people, at least people in our Geocentrism camp. There’s absolutely no way that people even on the fringes of what we talk about can believe them anymore.”

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“Heliocentricity (a rotating and orbiting Earth) is a carefully guarded Massive Deception that is the bedrock foundation for the continuance of the Pharisee/Kabbalic Big Bang Evolutionary Paradigm’s extraterrestrial evolutionism mythology.” Mainstream scientists are unwittingly (99.99% at lower levels unwittingly, 0.01% at top tier knowingly) presenting and advancing a RELIGIOUS agenda, namely Satanism/Luciferianism which is the inversion of God’s Plan and Law, NOT a secular agenda as they claim.”  Marshall Hall

 

“I don’t argue or enter into debates, because the issue here is exactly what you would bring to the debate, which is the wealth of erroneous information that allowed our situation to become as dire as it is in the first place. Your argument would consist of phony statistics, historical fables, the newspaper’s latest lies, and profit-driven “science.” My argument is simple. Discover who controls everything you’ve been told, only believe what you can verify for yourself through original documentation, science and logic, and then look for a political connection between the sources of all the erroneous information. Find the motives behind the lies. If you did that, there would be no debate, and we would all agree on whose head should roll, as the saying goes.”  Jolly Roger

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- Foreign Language Translation… four page Motionless-Earth EMAIL for you to send to your friends worldwide… completed in 49 foreign languages (including Swahili !!!):  HERE

 

- One page handout for Motionless-World: HERE
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Fake “Virtual-Reality” Universe EXPOSED!!

“Our struggle is NOT against flesh and blood but against Principalities and the Powers, against the world rules of this darkness, and against the SPIRITUAL forces of wickedness on high.”  Ephesians 6:12

 

We are not allowed to think of anything that is not the “New World Order’s” version of events … we are not allowed to make these facts about the universe – including the Earth, Moon, Sun and Stars – known to the world without a fight … THEY do not want the masses to wake-up.

 

Many truth seekers are smart enough to figure out a lot of Conspiracy Deceptions, but not smart enough to realize that Evolution and Heliocentricity (moving-Earth) are two of them.

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Scienceland Security Advisory System:

- Current Threat Level for Mainstream Science Lies is Severe (Red).

 - Severe Risk of False-Science Attacks.

- The Threat Level for Deception, Fraud, Hoaxes and Lies in the Space “Exploration” Sector is also Severe.


——————

Sunset Sequence

 

                                                                                                                                       (photo credit and copyright: Richard Fleet)

 

——————–

SunRISE – Time Lapse – two separate videos – total 44 seconds – by Mike Theiss – HERE

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Sequences & SunSETS by Danilo Pivato – HERE

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Star Trails – Time Lapse Photo – 5hrs 6min:

                                                                                   (Photo credit – Anthony Ayiomamitis – Copyright)

The  unsubstantiated THEORY of organic evolution relies on a rotating and orbiting Earth. After all God created the universe first before He created man so it’s more foundational. The 14 billion year age of the universe is derived from the 14 billion light-years radius of the universe. But if the Earth is stationary that means the Stars are actually going around “nightly” as shown above and if the stars are going around nightly then they are not one-trillionth of the distance we are told by “mainstream science” (government funded and monopoly-currency funded science.) That then knocks the main support away from organic evolution, namely the 14 billion years they need to give their god of CHANCE its time to work. (see Stellar Distances).

 ———-

If the moving SUN makes you free, you shall be free indeed.

                             “If the SON therefore shall make you free, ye shall be free indeed.”  John 8:36

 

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“The fundamental truth of the Astrophysics research establishment is that the space science community feels that it shouldn’t have to answer to the rest of us. So, the notion that a non-government-funded, independent scientist would go in and question the research that they used, the accuracy of their data, and the truth of their interpretation, provokes a tremendous controversy inside the Cosmology Research Establishment.”

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Experiment that reveals how people will deny what they see and submit to group pressure: HERE

 

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- A Motionless Earth Destroys the Theory of Organic Evolution

- One’s Belief about the Origin and Structure of the Universe

is the Foundation for All of One’s Knowledge!

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Yearly spiral pathway of the Sun as it orbitally revolves around the STATIONARY Earth daily.

Niall Kilkenny

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Geocentrism (GC, also called Geostatic) = “Earth-centered” = no rotational revolvement of Earth, SPHERICAL Earth, no orbital revolvement of Earth, no “axial tilt” of Earth, sun orbitally revolves around Earth daily, sun spiral-orbits Earth yearly, stars orbitally revolve around Earth nightly. Universe has Earth as center, is small (can be as low as 500,000 mile radius and still account for retrograde motion of planets), young and created by God. Derived from Bible Christianity. Studies and experiments mostly voluntarily financed by Family paycheck (“human creationism”), creating good “karma” or Spiritual Blessings, resulting in research and education truths.

 

Heliocentricity (HC) = “Sun-centered” = Earth rotationally revolves around its axis nightly, spherical Earth, Earth has “axial tilt”, sun is stationary to Earth, Earth orbitally revolves around sun yearly, stars stationary to Earth. Universe is acentric (AC = no center), large, old and was created by itself (LOL!!!). Derived from Kabbala Pharisaism. Studies and experiments mostly coercively financed by State taxpayer (“human destructionism” or “theftism” because all Government Taxation is Theft), creating bad “karma” or Spiritual Curses, resulting in research and education lies.

Geocentrism is scientific, logical and true. Heliocentrism is unscientific, illogical and false.

 Planet means “wanderer”…… The Earth is NOT a planet.

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“Since the beginning of recorded history, there has been a constant struggle to present the Truth to the world at large. The ruling classes have always sought to circumvent or prevent the dissemination of “damned facts,” which are an embarrassment to the Powers That Be.”  Eli James

Geocentrism (a stationary Earth and an orbiting sun) is not taught in State-financed universities (those controlled by owners of the Worldwide Government-Violence-Enforced Theft-by-Taxation Cartel), or Foundation-financed universities (those controlled by owners of the  Worldwide, Government-Violence-Enforced, No-Competition Allowed, Money/Currency Cartel). This book explains the Intellectual Tyranny that has as its goal to render people as unwitting pawns of the State: “Freefall of the American University: How our Colleges are Corrupting the Minds and Morals of the Next Generation” - HERE


The factless theory of heliocentricity (stationary sun, moving Earth) is the foundation, the kingpin and the most satanically venerated of all False-Science Government Funding Scams!

 

It is a Cosmic Fight to the Death between two RELIGIOUS Creation Scenarios: Lie of Creation by Satan’s Evolution versus Truth of Creation by God’s Word.

 

Also a battle for Zionism (World Rule) - Satan’s-zionism (centralized State-slavery/poverty) versus God’s-zionism  (decentralized Family-liberty/wealth). The Family is God’s agency for taking dominion of the World, and the State is Satan’s agency for imposing domination on the World.

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                                      Why is the Stationary Earth Truth Important?

Answer: A stationary Earth = automatically means that stars orbit Earth each Sidereal Day (23 hours 56 minutes and 4 seconds) = proves that universe is small = no 14 billion light-year radius of universe = no 14 billion year age of universe = destroys time needed for Evolution Myth (the opiate of the masses; the Magical Thinking idea that various forms of primitive bacteria eventually evolved into Man and Woman and the many species that exist today) = entire world’s “knowledge” based on ‘science falsely so called’ is exposed as a colossal deception = RESTORES BIBLE CREDIBILITY = widespread efforts to follow Bible’s rules (see Seven Capital Virtues, Seven Capital Sins) including belief in Curses for bad character/behavior, and Blessings for good character/behavior - (“karma”), and including belief in afterlife Day of Judgment with system of magnified rewards and punishments (30, 60 or 100 times what was sown) = existing “crime” (sin/evil) rate collapses = SIMPLIFIED: 10 times increase in standard of living (including non-financial) for 99% of the world’s population and 99.9% drop in standard of living for the 1% “Illuminati” (Ill-Darkinati) taxation and paper-money-cartel criminal-elite-parasites.

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                                      Introduction to Geocentrism – by Neville T. Jones, PhD  


Geocentric means World-centred. In particular, a geocentric universe is one in which the centres of the World and of the (finite) universe coincide. Observational data, together with our instincts or senses, indicate to us that the universe is in reality geocentric. In addition, all physical experiments designed to demonstrate some alleged motion of the World have consistently produced a null result. Only theoretical ideas support a different interpretation of our surroundings than this…… We feel no motion of the World on which we all live. Furthermore, no experiment in all physics has ever demonstrated that the World moves around the Sun, or that it rotates on an axis. From the standpoint of our senses, therefore, it seems simply common sense to attribute the motion of the Sun, Moon, planets and stars to those objects themselves, rather than to some multi-component, contorted movement of the World. Certainly, to a good approximation, the stars appear to go around us as if they are each attached to the inner surface of a huge celestial sphere, which is itself rotating above our heads from east to west on a celestial north-south polar axis.

Figure 1: The celestial sphere:

 

                              Complete “Introduction to Geocentrism” paper HERE(#17).

 

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New “co-authored” Propaganda Book entitled The Grand Design (should have been be titled The Grand Deception)

Dependent on others for survival Professor Stephen Hawking is being exploited “to mislead the sheeple into believing lies, such as the ‘Big Bang’, the insignificance of the Earth, space travel, the idea of organic evolution, the infallibility of science, and that God does not exist.”  Neville Thomas Jones, PhD

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“There are, then, three cosmologies to consider:

[1.] heliocentric, [2. "Geocentric" and rotating] [see NOTE 1], and [3. Geocentric and non-rotating].  In each of these systems, various celestial bodies are moving.  Actually moving, by definition (this is what the whole particular scenario is built upon). Relative motion has little or nothing to do with the initial construction of the model. Let us consider these three models.

Case 1: Heliocentric

  • The Sun is located at the centre of the cosmos.
  • The Moon goes around the World in a W to E direction (anticlockwise, when viewed from above the northern hemisphere).
  • The World rotates on an axis in a W to E direction.
  • The World/Moon subsystem goes around the Sun in an anticlockwise direction, taking one year to complete one revolution.

Case 2: ["Geocentric" and rotating] [see NOTE 2]

  • The World is located at the centre of the cosmos.
  • The Moon goes around the World in a W to E direction (anticlockwise, when viewed from above the northern hemisphere).
  • The World rotates on an axis in a W to E direction.
  • The Sun goes around the World in an anticlockwise [West-to-East] direction, taking one year to complete one revolution.

Case 3: [Geocentric and non-rotating]

  • The World is located at the centre of the cosmos.
  • The Moon goes around the World in an E to W direction (clockwise).
  • The World does not rotate.
  • The Sun goes around the World in a clockwise [East-to-West] direction, averaging a solar day to complete one revolution.”

More HERE by Neville T. Jones, PhD

[ Note 3 - "The bedrock fiction of both the Copernican and Cassini models of the universe is the utterly factless rotating Earth assumption (assume = adopted to deceive)." ]

[Note 4] – i) This Cassini idea is what modern physics (and the United States government department known as “NASA”) refers to as the “geocentric model.” It is not what a Bible believer would call the “geocentric model.”  ii) It is the Cassini model that is dynamically equivalent to the heliocentric model. The geostationary model (as per the Hebrew writings) is not dynamically equivalent to any of the acentric models.  Neville T. Jones, PhD

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The Basic Scientific Arguments for Geocentricity

  – there are four experiments which clearly point to a Geocentric Universe:

a.) The Michelson-Morley Experiment  b.) The Michelson-Gale experiment c.) Airy’s “Failure”
d.) The Sagnac Experiment.  More HERE by Malcolm Bowden

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HC Statement: This air, too, moves around the world as the world moves around.

Response: Everything you have said or will say depends upon that incredibly goofy concept. Is the air [atmosphere] velcroed to the Earth?  Does it adjust its alleged rotational speed every inch one proceeds from the equator to the poles??  Do clouds not move in directions contrary to the alleged rotation??  You have no proof (science) that the Earth is rotating on an axis; you have a clever mathematical model based entirely on assumptions and in defiance of all observational evidence.  A real scientist will stand back and take a hard look at the HISTORY OF FRAUD in the theoretical science establishment that has erected a virtual reality universe that is derived concept for concept from the “holy book” Zohar/Kabbala of the Pharisee Religion. If you are a Pharisee, let it be known.  If you aren’t then you are duped into following that religion’s anti-Bible, anti-Christ alternate “creation scenario” which has used its totally controlled “academia” as your “citable source”. Marshall Hall

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“The heliocentric model is in fact a religion and requires all to believe in it without thinking. It is made out of vague arguments, false illustrations, fake ideas, and invalid principals. It is a fraudulent thesis. It is a bunch of circles on paper. It cannot be an element of the celestial motion. The heliocentric is the first ring of a long chain that was purposely founded to promote disbelief in God, via, mistrusting His messages. It is the Archaeal host for all repellent movements against the belief in God and to His messages. It is the common descent of evolution. It confronted the Bible to dispel the people from the message of God. Hence, it is logical to start the series by proving the fakeness of the heliocentric thesis.”  Yassar R. Shaban

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Question:  “The fixed atmosphere and the movement of the Sun, I had somebody on [international] radio ask me today how did I know the Earth is stationary and motionless, and I said, well, first of all we feel and sense no movement so that told me something was wrong right away. But we can see from the time-lapse photographs and our very own eyes that the Sun is changing position from East-to-West, we can tell that people are not affected by any continuous, perpetual strong winds so how could the Earth be rotating at 1,000 miles per hour, in other words the whole story they’ve been telling us is nonsense. What’s the real story as far as you’ve been able to figure out?”

Response: “Well, what’s really interesting though, when you consider if the Government or NASA, if they had said to you that the Earth is stationary.  Imagine that.  And then imagine we are trying to convince people that ‘no, no’ it’s not stationary, it’s moving forward at 32 times rifle bullet speed and spinning at 1,000 miles per hour. We would be laughed at, we would have so many people telling us, are you crazy, the Earth is not moving, we would be ridiculed for having no scientific backing for this convoluted moving theory. And not only that but then people would say, oh then how do you explain a fixed, calm atmosphere and the Sun’s observable movement, how do you explain that?  Imagine saying to people, ‘no, no’ the atmosphere is moving also but is somehow magically velcroed to the moving-Earth, the reason is not simply because the Earth is stationary. So what we are actually doing is what makes sense. We are saying that the moving-Earth theory is nonsense, the stationary-Earth theory makes sense and we are being ridiculed. You’ve got to picture it being the other way around to realize just how RIDICULOUS this situation is.  This theory from the Government and NASA that the Earth is rotating and orbiting and leaning over and now they have wobbling is absolute nonsense and yet people are clinging to it, tightly, like a teddy bear, they just can’t bring themselves to face the possibility that the Earth is stationary but ALL the evidence shows it, we feel no movement, the atmosphere hasn’t been blown away, we see the Sun move from East-to-West, everything can be explained by a motionless Earth without bringing in all these assumptions to cover up previous assumptions gone bad.”

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“Throughout human history we have all been scientifically misled about the true nature of our physical existence. Take the theories of Sir Isaac Newton for example. Much of Newton’s so-called “science”
was nothing more than alchemy and mysticism and much of his science came directly from the Kabbalah and the Babylonian mystery religions”.  Tom

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Most people who accept that the Earth is in motion believe it is a proven fact. They do not realize that not only has the motion of the Earth never been proven but by the constructs of modern physics and cosmology cannot be proven. Again, even modern cosmology does not claim to be able to prove that the Earth is in motion. In fact the very best argument for Earth’s motion is based on pure ‘modesty’ not logic, observation and experience. If anyone could prove the Earth’s motion that someone would become more famous than Einstein and Hawking and others…… They may all be fools (Psalms 14:1) but even they would not make such an ignorant claim to proof of Earth’s motions and those who do so don’t realize just how ignorant of physics they really are! Before folks go demonstrating how ignorant they are, they should consider:

1.   The relationship between Mach’s principle and relativity.

2.   The relationship between Gravity and Inertia, and Gravity and Acceleration (and the paradoxes that exist).

3.   Relativity does not claim to prove Earth’s motions, in fact it ‘dictates’ the ridiculous idea that motion cannot be proven period.

4.   Relativity proposes motion, it does not nor can it claim to disprove that the Earth is the center of the universe! (Machian Universe)

5.   Only those who are ignorant of physics attempt to make arguments based on weather patterns, ballistic trajectories, geosynchronous satellites, and Foucault’s pendulums for evidence of Earth’s motions! For all those ‘geniuses’ out there, not even Einstein would claim such stupidity.  Allen Daves

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Centrifugal Force (CF): the apparent force that is felt by an object moving in a curved path that acts

outwardly away from the center of rotation. If the Earth were rotating the CF would cause people,

objects and valuable commodities to weigh less at the equator than at more northern or southern lines of latitude. The equation for Centrifugal Force is: CF = (mass x velocity squared) over radius. That means that one could transport cargo ships full of valuable commodities from the equator where it would weigh less and then proceed to sell them up north or south for a higher price. Opponents admit that there is a weight difference but only 0.9%. That means that multimillion dollar commodity shipments would be missing thousands of tons… but they are NOT!! Pawel Kolasa

 

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“Since a stationary Earth is THE foundational creation fact in the Bible, it is also the taproot of Bible credibility! Along with the creation of all biological life and mankind which followed, God’s creation of an immovable, stationary Earth constitutes the basis – the taproot – for His “tree of knowledge” with its trunk  (the creation of mankind) and all its limbs and branches. Satan knows that if he can kill this taproot – this foundational knowledge – with pseudo-science this would cause the whole “tree of knowledge” to wither and die in time. That’s why he started there first!”  Marshall Hall

 

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Statement:

“To beg the question: to pass over or ignore a question by assuming it to be established or settled; to assume as proven the very thing one is trying to prove. Example – to pass over or ignore the question of ‘Is the Earth moving?’ by assuming it to be established or settled; to assume that the Earth is moving when trying to disprove that the Earth is NOT moving.”

 

Response(s) by Allen Daves:

 

1: “Excellent. Since there is no observation or experience that the Earth is moving without assuming that the Earth is indeed moving (begging the question) therefore the only logical course to begin from is a model of the Earth absent of any movement and then attempt to prove or demonstrate movement, if any. Of course all the experiments, without begging the question, would lead one to the conclusion that the Earth is in fact not in motion. It is only via the assumption of its movement, which was never demonstrated to begin with, that one can even begin to explain away the observations and experience that are consistent with the only logical positions to start from, namely that the Earth is without any demonstrable motion. Therefore to assume that the Earth does in fact move is to build upon a foundation of sand and to suggest that it is or must be moving because it could be in some theoretical or imaginary framework, and then to call it science, is not only a circular fallacy but is, well…… quite silly!”

 

2: The whole concept of larger objects going around smaller objects begs the question without knowledge of what and where the center of mass for all the objects in question (the universe) is in the first place. You must start with what you have not with what you imagine. To start with a model with no motion of the Earth is not a proof for or against Earth motion nor does it assume anything. It is the only logical position from which to begin the experimental and theoretical process necessary to ascertain any proof for or against. The model itself is not proof, it is only a premise or foundation for the discovery process. As stated many times one must logically begin with what you have not with what you do not have, and since proof for motion is the question, any model that assumes motion or interprets the data in terms of motion that is used to support or build upon a case for motion is a circular fallacy. Whereas taking observations and conducting experiments with no assumptions of motion is simply beginning with what you have. What you have does not include any argument or justification  for incorporating that idea into ones interpretations of observations. To look out and see other objects in the heavens move does not tell you what is absolute motion, or what or whether or not you would and could feel/detect those motions if you were there…… and since you are not there…… think about that for a while.

 

3a: We woke up in a world where things appear to move around us. We had and have no sensation of movement itself. That is where this whole question of the Earth’s movement must and did begin…… “everything moving around me.” From that point a process of observation and experiment then proceeds to ascertain what is and what is not moving. Well, those experiments which were conducted to make that distinction did show that the Earth is indeed NOT moving. The observations of mass centered on the Earth also promote the Earth’s centrality of that position as well. You cannot interpret those observations and experiments in light of a heliocentric framework because that is what those experiments and observations are all about. This is your circular fallacy…… Those who developed and conducted those experiments and observations were not assuming an Earth-centered universe, but those experiments showed just the opposite of what was expected…… (They invoked a circular fallacy when they “re-interpreted” the results, with exotic wishful theories, after performing them, to fit their assumptions about Earth’s motions).  An Earth not in motion is exactly what those experiments showed, and the only thing that those observations demonstrate, without invoking circular fallacies about the Earth’s movement first. It amazes me that you cannot see just how ridiculous your argument is and the fact that the only way to even begin to interpret data as consistent with the heliocentric theory is to assume that heliocentricity is preferred. There has been no experiment conducted on Earth with regard to gravity or any other theory that demonstrates anything other than what the initial observations and experiments show. They do not show things moving around you without invoking the heliocentric circular fallacy first.

 

3b: Heliocentricity is not logically plausible based on what is available without assuming that what you do not have is real. Your position makes no sense without assuming that heliocentricity is preferred first…… which is what everything that led up to and including today’s model of heliocentricity was developed to prove in the first place. The problem is that nothing ever did prove heliocentricity without assuming that heliocentricity was the preferred conclusion to begin with, which is what it is trying to prove! Why is it so hard for you guys to grasp your arguments utter ridiculousness? Until you have observations and experience for Earth’s movement your position is as plausible as aliens and abductions…… thus we should build our lives around the “fact” that they are the most reasonable and plausible explanation for all unknown phenomena!? Your arguments and examples are in fact examples, not of heliocentricity’s plausibility, but rather foolishness of the highest order. Demonstrate or concede but don’t use Geocentrism’s evidence for heliocentricity by begging the question that heliocentricity is preferred…… because until you have that evidence for heliocentricity all the evidence supports Geocentrism without assuming anything. Starting with the very first observation ever made namely the sky is moving around you but you have no sensation of movement. All subsequent observations and experiments have been consistent with no movement of the Earth and not one has shown itself to be for heliocentricity without assuming heliocentricity is preferred first, which is the question you beg and the circular fallacy you without fail, must invoke!

 

4a: If you are going to appeal to observation and experiment as the solid foundation of “reasoning the issue out” then you can’t appeal to theory when observation and experiment do not support that position. Theories about the aether are irrelevant. What is observed and experimentally verified, as so far as it has been conducted in every case attempted, is that relative motion can be easily distinguished from absolute motion via the effects that motion has on light in every case ever observed or performed. There is no other logical conclusion based on observation and experiment that can be logically concluded without imagining and/or assuming some other construct first, without having observational or experimental support for such a thing. You keep invoking circular fallacies and attempting to justify them via your theories and “it could” but when someone points out that it could just as well mean something else you appeal to “observations”. Which is it? If you bother to think about it for any length of time you will see that in either case, theory or observation, Geocentrism is the only position that has all the possible and logically sound arguments based on what is available/observed in the past and present. Whereas heliocentricity is built on what is not observed or experienced. As for illusions, that position only makes any sense whatsoever if you have a justification for “it’s an illusion” otherwise this conversation itself could just be an illusion! To say that, “it could”, therefore that is the most reasonable explanation is ridiculous as well as circular. The universe does not behave disorderly unless you assume that first – that is a fundamental difference between heliocentricity and Geocentrism. When we look out we can see some smaller objects orbiting larger objects but we do not see all smaller objects orbiting the larger objects. All assertions to that fact do assume that to be the case. However, I see the sun circling me, I do not see me circling the sun without assuming that is what is really going on first. As for experiments and observations here on Earth we can distinguish between motion and non-motion regardless of how many “frames” we attempt to create via optical gyroscopes. There is no experiment that demonstrates that there is such a thing as a local reference frame that can be isolated from any other reference frame. So what experiments you are attempting to put forward and what laws of gravity and motion you keep trying to appeal to, do not exist to prove your conclusion without assuming your conclusion is true first. The whole heliocentric position is built on a house of cards and what’s worse - none of them rate any higher than a Joker.

 

4b: The disagreements that do exist between the various Geocentric scientists have absolutely no bearing on the fact that the only experience available to man – observational or experimental - are only consistent with Geocentrism and are not consistent with heliocentricity without assuming (begging the question) that the universe is heliocentric first…… that the universe is something other than what can be demonstrated from observation and experiment, if that’s the case then they should have no problem with us Jesus folks, otherwise there is no observation or experiment demonstrating heliocentricity without assuming it is true first (begging the question). The heliocentrists position is not only logically untenable but has, by its own refusal to accept observation and experiment when it conflicts with its predetermined conclusion about the Earth’s motion, has in effect created a “science” that can never prove anything - “ever learning and never able to come to the knowledge of the truth” of anything. If imagination is the justification for heliocentricity then it is not “science”. If observation and experiment are to be the benchmarks then there is no room for the heliocentric theory except in one’s imagination!

 

5: I have and am pointing out that GC/GS (Geocentric/Geostationary) is the only logically deduced conclusion that one can make that can be demonstrated, because you cannot reach any other conclusion without imagining what cannot or has not been observed or experienced. Yes “theoretically” the sun or the Earth could be moving but only one of those theories/reasons (why things look they way they do) can be demonstrated as a logically deduced conclusion whereas the other cannot without invoking pure imagination first. If you go outside, look up and see something traverse from your left to your right (could be a bird or could be a plane) your first impulse is not, “Hey I am moving”, without observation and experiment (O&E) that tells you that…… that would be foolish. Now, what is it that tells you that the sun is not doing the moving and orbiting without assuming and imagining that it is not first? Yes, it “could be true” that the sun is “standing still” and we are spinning, only giving the appearance of a rising sun, rather than the sun is doing exactly what it looks like it is doing, namely going around/orbiting me. But you cannot show a logically deductive path for such a conclusion even if it were true. Therefore you cannot claim that the theory that you are moving is the most plausible explanation for what you observe any more so than with a bird or a plane. What you seem to miss is that a theory and a logical deduction do not follow each other automatically. Feel free to theorize whatever you like but true science claims logical theories as the best ones – and rightly so. They just don’t always employ the logical ones. As with you they sometimes prefer imagination over logical deduction. Fine, but don’t call it reasonable or the most plausible; there is no logic in that reason nor can you even show it any more plausible without begging the questions, or else you can suppose there are aliens that live in my attic as the theory and reason for all my troubles……   Allen Daves


 

 

“Ossie, I see no moving Sun!! Where is the evidence of an orbiting Sun??”

 

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Sun’s Path Diagram simple (below), more complex HERE – Created by Allen Daves:




NEP = North Ecliptic Pole,   SEP = South Ecliptic Pole,    NCP = North Celestial Pole,

 

SCP = South Celestial Pole       HC = Heliocentrism,   GC = Geocentrism/Geostatic,    AC = Acentric

 

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Controllable Demonstration:

Set the controls to follow Earth for a presentation of a Geocentric universe – HERE


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Thoughts on the Speed of Light – HERE

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Unrelated – [ 5 Star Rating ] :             The Christmas Conspiracy

“We believe ‘the reason for the season’ is the abolition of priests [includes pastors, popes, cardinals, bishops, etc.] and princes [includes presidents, prime ministers, governors, premiers, etc.] Christmas is the birth of Jesus the Christ. “Christ” means “anointed king.” Jesus was also a priest. He was the last king, and the last priest. He is the only legitimate King, the only legitimate Priest. In other words, the meaning of Christmas is the abolition of ‘Church’ and ‘State’.  We are engaged in an open conspiracy to abolish both institutions.” by Kevin Craig

                                                                            Complete essay – HERE

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                   (also Victory, Universality, Law, Peace, Family, Paradise, Community, all HERE)


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The ‘quasars’ are what led people like Hawking to notice that the Earth was in the center of the universe. Maxwell said there was absolute space, the basis of Geocentrism, and his equations prove it. Einstein said no. You argue with them. As for Einstein, if you want to believe that lengths shrink when an object moves, time changes in the process, and its mass increases, just so you can explain the anomalies of Michelson’s experiment, that’s your privilege, but I’d just assume to answer it by saying that mass, time and length stay the same and the Earth isn’t moving, and I’m just as ‘scientific’ as you for saying so.”  Robert Sungenis

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“Galileo Was Wrong is a work of monumental proportion which ranks, in my opinion, on a par with the meticulous observations of the Danish astronomer, Tycho Brahe, and the tireless efforts of Walter van der Kamp” (Comment by Dr. Neville Thomas Jones, Ph.D., Physics).

Galileo Was Wrong – The Scientific and Historical Case for Geocentrism – by Robert A. Sungenis, PhD and Robert J. Bennett, PhD - “GWW is a detailed and comprehensive treatment of the scientific evidence supporting Geocentrism, the academic belief that the Earth is immobile in the center of the universe. Garnering scientific information from physics, astrophysics, astronomy and other sciences, Galileo Was Wrong shows that the debate between Galileo and the Catholic Church was much more than a difference of opinion about the interpretation of Scripture. Scientific evidence available to us within the last 100 years that was not available during Galileo’s confrontation shows that the Church’s position on the immobility of the Earth is not only scientifically supportable, but it is the most stable model of the universe and the one which best answers all the evidence we see in the cosmos.”  - HERE

 

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                                                   Heliocentric Problems:

Problem Number One – Stellar Distances

Problem Number Two – Flower Pattern

Problem Number Three – Restoring Forces

Problem Number Four – Negative Parallax

Problem Number Five – Schroeter’s Effect

All HERE

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Geocentric Universe 3.0 Planetarium:

 

Geocentric Universe 3.0 is a unique multimedia planetarium that depicts a small geocentric universe with the Earth at rest. Beautiful graphics and original music enhance this visualization of a creation-oriented cosmology. A digital download of this remarkable Geocentric Orrery is available. This requires a broadband connection since the file is about forty megabytes.

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Unrelated:              JFK Murder Solved – Watch Killer Fire Then Ditch Weapon.

“The evidence contained within Zapruder’s movie points to the murderess being John Kennedy’s own wife, Jacqueline, who placed a small handgun either under JFK’s chin or just below his left ear and fired a single, low velocity bullet straight up through his brain… There is no doubt… that Mrs. Kennedy seems to whip something quickly down the rear seat after her husband is shot…”

Complete original expose research report by Neville T. Jones HERE

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“I do know that complication indicates the presence of lies because only Truth is simple.”

Mary-Elizabeth: [Croft]

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Lightning Strike:

(Photo credit – Wiel Koekkoek – Copyright – permission obtained)

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Electric Universe:

“So the point to be heavily underscored here is that the ever-increasing confirmations of the impossibilities of the thermonuclear-furnace concept for our Sun and other stars, coupled with the immediately intelligible concept of an electrical grid … arcing power from one ball of lightening (the Sun, a star) to another through a highly conductive plasma, is a concept that is not only capable of sending modern-man’s “knowledge” of the universe based on Big Bangism to that overflowing ash-bin of discarded “scientific” hypotheses, but is, at the same time, opening wide the door to re-thinking and ultimately confirming the Biblical Model of the universe with our non-moving Earth at the center of it all.”  More HERE

 

“The 800 lb gorilla in the room on this phenomenon of geostationary satellites is electromagnetism.  We know that the force and capabilities of gravity to effect a situation is almost infinitely smaller than the force and capabilities of electromagnetism. Both the stationary Earth and the stationary satellites are electromagnetic phenomena with gravity playing a minor role, if any.”  Marshall Hall

 

“The purpose of NASA seems to be nothing more than to lead people away from God by promoting the heliocentric ‘Solar System’ and the ‘Big Bang.’ …… “Remember that the Devil is a master of deception. I am therefore not convinced that these [geosynchronous orbit] satellites even exist …… Ordinary satellites [asynchronous orbit] will do the job for communications, etc., we do not need geosats – but they are vitally important to the Sun-centred lie.”  Neville T. Jones

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Geocentrism (GC) versus Heliocentrism (HC)

 

GC – Earth is stationary

HC – Earth orbits Sun at 67,062 mph, Period = 365 1/4 days

 

GC – Earth is stationary

HC – Earth rotates at 1041 mph at the equator, Period = 23 hours 56 minutes, Direction = West to East

 

GC – Sun orbits Earth (Sun is “set” within rotating firmament), Period = 24 hours, Direction = East to West

HC – Sun is stationary

 

GC – Moon orbits Earth at 61,158 mph, Period = 24 hours 50 minutes, Direction = East to West

HC – Moon orbits Earth at 2,288 mph, Period = 29.5 days, Direction = West to East

 

“I don’t think there is one person in many, many thousands–regardless of education–who knows that the Copernican Model had to turn the Moon’s observable direction around and give it a new speed to accommodate the phases and eclipses.”  Marshall Hall

 

GC – Moon does not rotate

HC – Moon rotates at 10.3 mph (what?!!!), Period = 29.5 days, Direction = West to East

(They want you to believe that the Moon’s rotation is perfectly synchronized with its orbit so that’s why we only ever see one side of the Moon, rather than conclude the obvious – that the Moon is simply NOT rotating. Moreover, they had to slow down the Moon’s speed by 58,870 mph AND reverse its direction to W-E to successfully sell their phony heliocentricity system to a gullible public).

 

GC – Stars orbit Earth (“the stars occupy a shell, referred to as the stellatum, which rotates about the World”), Period = 23 hours 56 minutes 4 seconds, Direction = East to West

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The Moon’s Dynamic Orbit, by Mark Masters – HERE

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Science without Christianity is Magic

“The ‘mythology’ of science is its religious devotion to the myth of evolution. In evolution, man is the highest expression of intelligence and reason, and such thinking will not yield itself to submission to a God it views as a human cultural creation, useful, if at all, only in a cultural context.

Views of origins are dependent on faith, and one’s position speaks much as to one’s religious tenets. Evolutionary faith, however, cannot tolerate any view of the natural world or science that places it under another faith, such as the Christian belief in a sovereign causative God. Darwin gave an ostensibly scientific justification for man’s rebellion against God. He put men at the top of the evolutionary ladder, allowing them to believe they had realized Satan’s lure to Adam and Eve and become ‘as gods, knowing [determining] good and evil’ (Genesis 3:5).”

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“Science has a propensity to claim truth as its sole domain, and to deny truth to any other realm of human life and thought (religion in particular). Because humanism is at heart a religious faith, and because it denies the truth of Scripture, it must create a surrogate truth (an idol) and bid all to bow down to that. This is what happens in public schools when the children of Christians are indoctrinated in the principles and worldview of scientism.”  Martin Selbrede

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The expectation that science will achieve the discovery of laws of Nature makes sense only in the context of a reasonable Creator who prescribes laws. The Christian world-view provides this setting. The belief that the universe was created in an ordered way by a reasonable, law-giving God provides the basis for believing that the creation will behave in a reasonable way following fixed laws . . . Humanists and other atheists closed their eyes to the fact that without a single law-giving God there is no basis for expecting science to work at all. Swelling pride in the abilities of scientists soon led to a turning away from the very foundation on which science had been built . . . Science gradually came under the domination of humanists, and today such men are attempting to change the very definition of science to reflect their religion of secular humanism. Not surprisingly science is now, as the great Professor Sir Fred Hoyle noted, in a state of crisis. Most secular humanists will hotly deny this fact, and will point to ongoing advances in engineering and technology to support the claim that science is going from strength to strength. But it is not true.”  Philip Stott

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“The Universe is not impersonal. It was not created by a random, meaningless evolutionary process. It reflects the loving personality of God, because every molecule was created by God, has a place in the plan of God, and is upheld by God.”  Kevin Craig

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All around us we see evidence of God’s magnificent power and creativity

Created by God with NO EVOLUTION needed or used:

 

 

                                                                            Photo credit: Amir Cohen


More Photos HERE

“One of God’s characteristics is that He does things to bring glory to himself. God’s splendor, creativity and majesty are seen in every part of creation. He made everything we see in the Earth and universe and all of it testifies about his glory. He made each of us from the Earth’s elements, and then breathed life into us. We are fearfully and wonderfully made, and far exceed the efficiency, complexity and beauty of anything man has made.”

 

“In truth, the only thing factual about molecule-to-man evolution is its own evolution from Charles Darwin’s original postulation – the alleged common ancestry of all plant and animal life – to today’s new-Darwinism which claims that the universe, including all organic life, created itself – out of one atom whose origin is “unknown.” What’s more, the only thing scientific about it is the fact that a substantial number of its proponents consider themselves and each other to be scientists. But stark reality exposes the new Darwinism as a pseudo-science at best, one whose claims cannot be confirmed or falsified by the time-tested scientific method. Chief among its unproven assertions is the astonishing opinion that our universe and the life within it are purposeless, self-created accidents, natural occurrences subject to natural explanations. What could be more marvelous, more miraculous than creation of all things by a sovereign God? Why it’s the self-creation of molecule-to-man evolution according to the propaganda issuing from Evolution Central. Darwin’s brainchild – organic evolution – has been considerably fattened up, dressed out in the duds of royalty, and elevated to Emperor of the Kingdom of Science by those who would dispense with God and God-given morality.”  John Schroeder


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Unrelated, old, but still important:

911/WTC “New Feudal World Order” False-flag Psy-op: explosive charges (identified murder weapons) pre-positioned in basement foundation and pre-placed on steel columns by “Illuminati” demolition team–with night-time, month-long complete access approved by new owner–for implosion of THREE buildings: video.

Must Watch first 20 seconds: Original high resolution footage of Building 7 collapsing (YouTube view numbers only show 3,800 but are really probably 3.8 million) – HERE.

Phony witnesses (Mark Walsh “Fox freelancer”) prepared for public viewers – HERE

Snow-clone: It’s Not the Planes Stupid… It’s the Demolition Explosives Installation Team!

End of WTC Psy-op section.

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“It doesn’t seem like people are really thinking for themselves. They just kind of parrot whatever they heard [ Editor's note - like a rotating and orbiting Earth ] their designated class representatives say. It’s kind of sad; I mean, it’s mostly like different classes of people all looking out for their own interests. We just have berserk public campaigns of misinformation and misdirection.”  Pinky Show

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The Book of Enoch, Astronomy – Book 3

“The book of the courses of the luminaries of the heaven, the relations of each, according to their classes, their dominion and their seasons, according to their names and places of origin, and according to their months, which Uriel, the holy angel, who was with me, who is their guide, showed me; and he showed me all their laws exactly as they are, and how it is with regard to all the years of the world and unto eternity, till the new creation is accomplished which dureth till eternity … And this is the first law of the luminaries: the luminary the Sun has its rising in the eastern portals of the heaven, and its setting in the western portals of the heaven. And I saw six portals in which the sun rises, and six portals in which the sun sets and the moon rises……”  More HERE

 

 

 

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The Enoch Calendar

“The calendar described in the Book of Enoch has many excellent features. One of the best is that it has a very simple, elegant pattern. My understanding of the text is that it has twelve months of 30 days and 4 other days which are quarter-year markers for the four seasons. Thus it totals exactly 364 days. The names of the months are not given, but it is clear that each season is to be reckoned as the three months following the day heralding that season. Figure 1 illustrates the pattern, complete with suggested names.”  John P. Pratt

 

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“I know that most men, including those at ease with problems of the greatest complexity, can seldom accept even the simplest and most obvious truth [such as a stationary Earth] if it be such as would oblige them to admit the falsity of conclusions which they have delighted in explaining to colleagues, which they have proudly taught to others, and which they have woven, thread by thread, into the fabric of their lives.”  Leo Tolstoy

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Two famous astronomers and mathematicians Ptolemaeus and Al-Battani said that:

The Sun is only about 3,000,000 miles from the Earth.

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Unrelated,                           The “Earth-Plates” Are NOT Moving!!

“Of course everyone knows a little something about the Plate Tectonic theory. According to the theory, the Earth is divided into ‘plates’ that are able to ‘move about’ thus bashing and crashing into each other creating geological formations. The essence of the theory is the sea-floor ‘spreading’ and ‘subduction’ ideas. The alleged ‘spreading’ occurs at the mid-ocean ridge formations (MOR’s) while the ‘sub-ducting’ is allegedly occurring at the deep ocean trenches in which the ocean crust magically takes a ‘dip’ into Earth’s innards.”  More HERE by Mark Masters

 

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“Whilst we sit drinking our cup of tea or coffee the World is supposedly rotating at 1,039 mph at the equator, whizzing around the Sun at 66,500 mph, hurtling towards Lyra at 20,000 mph, revolving around the centre of the ‘Milky Way’ at 500,000 mph and merrily moving at God knows what velocity as a consequence of the ‘Big Bong’. And not even a hint of a ripple on the surface of our tea, yet tap the table lightly with your finger and … !”  Neville T. Jones

 

“The absurdity of all the claims ‘out there’ which are dependent upon the factless Copernican Model point to one simple, observable, Bible-certified truth; namely: The Earth is motionless and at the center of a temporary universe, a universe, by the way, which need be no larger than a one-half light day radius. Those who choose to prefer the Pharisee Religion’s Big Bang Universe–and that Religion’s ADMITTED g’d (Satan)–had best be getting out the Worcestershire Sauce for there is going to be an enormous amount of crow to be eaten when the prophesied Fall of Babylon occurs just a couple of months (‘one hour’) after the Global Government Gangsters (the GGG) get their briefcases open.”  Marshall Hall

 

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MARS DECEPTION!!

Fake “Layered Deposits” Image supposedly from Mars – It’s just a photograph of a man-made model.

Also, they are really in Australia. Click HERE for more “photos” (images).

 

“As expected, The Big Bang Evolution Paradigm Express has gone to afterburners after several years of planting escalating Gee Whiz expectations in the media. If ever there was a computer-generated montage of “images”, these Mars “pictures” HERE take the cake.  The Pharisees are making their final moves to establish their alternative Kabbalist Universe of 15 billion years of evolutionism and put God out of the creation business.”  Marshall Hall

“I think he is calling them “hoax” piccies because it’s fairly obvious that this is what they are. At first glance there is a definite sense of unreality about them, especially numbers one and three, as if they have come off the virtual reality production line.”  Neville Jones

 

Humor — Photo of Water on Mars – HERE


 

 

Mars, the Roman God of War, was one of the most worshipped and revered gods throughout ancient Rome.

Mars Attacks! – They are conditioning the population, through the Hollywood Lie Factory, using “Illuminati” agents such as Spielberg (spiel = words of bs; berg = mountain; hence ‘mountain of lies’), for a staged/fake Orson Welles “The War of the Worlds” type scenario of an alien invasion by Martians.

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Moon-Landing Deception:

The 1969 Apollo press conference: Are they suffering stress because they are lying about going to the Moon? HERE

 

Apollo 16 - AstroNOT lifted by wires at 2:17 (2 minutes 17 seconds) HERE.

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Sheeple is out; Goat-people is in:

 

“We’re tired of your stupid conspiracy theories.”

“The reaction of the goats is quite different. They have little sympathy for God’s way and remain indifferent, Laodicean, to their brethren. In so doing, they reject their Messiah, their King, since He lived in the people whom they would not serve. The goats are condemned because of their sins of omission … The sheep are given eternal life, but the goats are cast into the Lake of Fire. It is clear from this section of Scripture that we want the attributes of sheep and not those of goats! … What is it about goats that causes God to use them in such a negative light? Goats are capricious. They are impulsive and unpredictable, devious and contrary. If they are not poking their heads through fences, they may be standing on their hind legs, stretching for those tender leaves just out of reach. Goats are never content with what they have … They are experts in opening gates and squeezing through small gaps because they hate to be confined. Fences that will handle sheep, cattle, and horses will not hold goats. They will work tirelessly to spring themselves from any situation they deem inhibiting [like risking personal criticism by fighting the 'NWO'].”  More HERE,  HERE

Question: what is a half-goat half-man called? Answer: the satyr is a Greek figure that is half-man and half-goat; sa·tyr – noun -  sā-tər.

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                        NASA’s Project Blue BeamTHE BIG SPACE SHOW IN THE SKY

The infamous NASA Blue Beam Project has four different steps in order to implement the New Age religion with the Antichrist at its head … the Blue Beam Project is so important to them, but has been so well hidden until now … The second step in the NASA Blue Beam Project involves a gigantic “space show” with three-dimensional optical holograms and sounds, laser projection of multiple holographic images to different parts of the world, each receiving a different image according to predominating regional national religious faith … During the space show, the holographic images will be used in a simulation in which all nations will be shown scenes that will be the fulfillment of the desire to verify Prophecies (like fake Second Coming) and Adversary Events (like fake Alien Attack) … These will be projected from satellites onto the sodium layer about 60 miles above the Earth. We see tests every once in a while, but they are called UFOs and “flying saucers” sightings.  More HERE

The Iridium satellite constellation looks suspicious.  A system of 66 (!!) satellites. Original company Iridium Satellite LLC completed project but then quickly - way too quickly – went bankrupt after all satellites were placed. New company Iridium Communications Inc. is run out of spy capital McLean, Virginia but they the same Iridium name, it’s too meaningful for them not to use. The element Iridium is named after Iris – in Greek mythology the goddess of the rainbow (“colored images”) and MESSENGER OF THE GODS (!!!!)

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Sixty-seven (67) Scriptural references which tell us that

it is the Sun and NOT the Earth that moves – HERE

 

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                                              Go to homepage-two of Moving-World DECEPTION!!

ucc 2


U.C.C. – ARTICLE 2 – SALES

PART 1. SHORT TITLE, GENERAL CONSTRUCTION AND SUBJECT MATTER [Table of Contents]

§ 2-101. Short Title.

This Article shall be known and may be cited as Uniform Commercial Code-Sales.

§ 2-102. Scope;  Certain Security and Other Transactions Excluded From This Article.

Unless the context otherwise requires, this Article applies to transactions in goods;  it does not apply to any transaction which although in the form of an unconditional contract to sell or present sale is intended to operate only as a security transaction nor does this Article impair or repeal any statute regulating sales to consumers, farmers or other specified classes of buyers.

§ 2-103. Definitions and Index of Definitions.

(1) In this Article unless the context otherwise requires

(a) “Buyer” means a person that buys or contracts to buy goods.

(b) “Conspicuous”, with reference to a term, means so written, displayed, or presented that a reasonable person against which it is to operate ought to have noticed it. A term in an electronic record intended to evoke a response by an electronic agent is conspicuous if it is presented in a form that would enable a reasonably configured electronic agent to take it into account or react to it without review of the record by an individual. Whether a term is “conspicuous” or not is a decision for the court. Conspicuous terms include the following:

(i) for a person:

(A) a heading in capitals equal to or greater in size than the surrounding text, or in contrasting type, font, or color to the surrounding text of the same or lesser size; and

(B) language in the body of a record or display in larger type than the surrounding text, or in contrasting type, font, or color to the surrounding text of the same size, or set off from surrounding text of the same size by symbols or other marks that call attention to the language; and

(ii) for a person or an electronic agent, a term that is so placed in a record or display that the person or electronic agent may not proceed without taking action with respect to the particular term.

(c) “Consumer” means an individual who buys or contracts to buy goods that, at the time of contracting, are intended by the individual to be used primarily for personal, family, or household purposes.

(d) “Consumer contract” means a contract between a merchant seller and a consumer.

(e) “Delivery” means the voluntary transfer of physical possession or control of goods.

(f) “Electronic” means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities.

(g) “Electronic agent” means a computer program or an electronic or other automated means used independently to initiate an action or respond to electronic records or performances in whole or in part, without review or action by an individual.

(h) “Electronic record” means a record created, generated, sent, communicated, received, or stored by electronic means.

(i) “Foreign exchange transaction” means a transaction in which one party agrees to deliver a quantity of a specified money or unit of account in consideration of the other party’s agreement to deliver another quantity of a different money or unit of account either currently or at a future date, and in which delivery is to be through funds transfer, book entry accounting, or other form of payment order, or other agreed means to transfer a credit balance. The term includes a transaction of this type involving two or more moneys and spot, forward, option, or other products derived from underlying moneys and any combination of these transactions. The term does not include a transaction involving two or more moneys in which one or both of the parties is obligated to make physical delivery, at the time of contracting or in the future, of banknotes, coins, or other form of legal tender or specie.

[(j) Reserved]

[(j) "Good faith" means honesty in fact and the observance of reasonable commercial standards of fair dealing.]

Legislative Note: The definition of “good faith” should not be adopted if the jurisdiction has enacted this definition as part of Article 1.

(k) “Goods” means all things that are movable at the time of identification to a contract for sale. The term includes future goods, specially manufactured goods, the unborn young of animals, growing crops, and other identified things attached to realty as described in Section 2-107. The term does not include information, the money in which the price is to be paid, investment securities under Article 8, the subject matter of foreign exchange transactions, or choses in action.

(l) “Receipt of goods” means taking physical possession of goods.

(m) “Record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.

Legislative Note: The definition of “record” should not be adopted if the jurisdiction has enacted revised Article 1.

(n) “Remedial promise” means a promise by the seller to repair or replace goods or to refund all or part of the price of goods upon the happening of a specified event.

(o) “Seller” means a person that sells or contracts to sell goods.

(p) “Sign” means, with present intent to authenticate or adopt a record:

(i) to execute or adopt a tangible symbol; or

(ii) to attach to or logically associate with the record an electronic sound, symbol, or process.

(2) Other definitions applying to this Article or to specified Parts thereof, and the sections in which they appear are:

“Acceptance”.  Section 2-606.

“Between merchants”.  Section 2-104.

“Cancellation”.  Section 2-106(4).

“Commercial unit”.  Section 2-105.

“Conforming to contract”.  Section 2-106.

“Contract for sale”.  Section 2-106.

“Cover”.  Section 2-712.

“Entrusting”.  Section 2-403.

“Financing agency”.  Section 2-104.

“Future Goods”.  Section 2-105.

“Goods”.  Section 2-103.

“Identification”.  Section 2-501.

“Installment contract”.  Section 2-612.

“Lot”.  Section 2-105.

“Merchant”.  Section 2-104.

“Person in position of Seller”.  Section 2-707.

“Present sale”.  Section 2-106.

“Sale”.  Section 2-106.

“Sale on approval”.  Section 2-326.

“Sale or return”.  Section 2-326.

“Termination”.  Section 2-106.

(3) “Control” as provided in Section 7-106 and the following definitions in other Articles apply to this Article:

“Check”.  Section 3-104(f).

“Consignee”.  Section 7-102(3).

“Consignor”.  Section 7-102(4).

“Consumer Goods”.  Section 9-102(a)(23).

“Dishonor”.  Section 3-502.

“Draft”.  Section 3-104(e).

“Honor”. Section 5-102(a)(8).

“Injunction against honor”. Section 5-109(b).

“Letter of credit”. Section 5-102(a)(10).

(4) In addition Article 1 contains general definitions and principles of construction and interpretation applicable throughout this Article.

§ 2-104. Definitions:  “Merchant”;  “Between Merchants”;  “Financing Agency”.

(1) “Merchant” means a person that deals in goods of the kind or otherwise holds itself out by occupation as having knowledge or skill peculiar to the practices or goods involved in the transaction or to which the knowledge or skill may be attributed by the person’s employment of an agent or broker or other intermediary that holds itself out by occupation as having the knowledge or skill.

(2) “Financing agency” means a bank, finance company or other person that in the ordinary course of business makes advances against goods or documents of title or that by arrangement with either the seller or the buyer intervenes in ordinary course to make or collect payment due or claimed under the contract for sale, as by purchasing or paying the seller’s draft or making advances against it or by merely taking it for collection whether or not documents of title accompany or are associated with the draft.  The term includes also a bank or other person that similarly intervenes between persons that are in the position of seller and buyer in respect to the goods (Section 2-707).

(3) “Between Merchants” means in any transaction with respect to which both parties are chargeable with the knowledge or skill of merchants.

§ 2-105. Definitions:  Transferability;  “Future” Goods;  “Lot”;  “Commercial Unit”.

(1) Goods must be both existing and identified before any interest in them may pass. Goods that are not both existing and identified are “future” goods. A purported present sale of future goods or of any interest therein operates as a contract to sell.

(2) There may be a sale of a part interest in existing identified goods.

(3) An undivided share in an identified bulk of fungible goods is sufficiently identified to be sold although the quantity of the bulk is not determined. Any agreed proportion of the bulk or any quantity thereof agreed upon by number, weight, or other measure may to the extent of the seller’s interest in the bulk be sold to the buyer that then becomes an owner in common.

(4) “Lot” means a parcel or a single article which is the subject matter of a separate sale or delivery, whether or not it is sufficient to perform the contract.

(5) “Commercial unit” means such a unit of goods as by commercial usage is a single whole for purposes of sale and division of which materially impairs its character or value on the market or in use.  A commercial unit may be a single article (as a machine) or a set of articles (as a suite of furniture or an assortment of sizes) or a quantity (as a bale, gross, or carload) or any other unit treated in use or in the relevant market as a single whole.

§ 2-106. Definitions:  “Contract”;  “Agreement”;  “Contract for sale”;  “Sale”;  “Present sale”;  “Conforming” to Contract;  “Termination”;  “Cancellation”.

(1) In this Article unless the context otherwise requires “contract” and “agreement” are limited to those relating to the present or future sale of goods“Contract for sale” includes both a present sale of goods and a contract to sell goods at a future time.  A “sale” consists in the passing of title from the seller to the buyer for a price (Section 2-401).  A “present sale” means a sale which is accomplished by the making of the contract.

(2) Goods or conduct including any part of a performance are “conforming” or conform to the contract when they are in accordance with the obligations under the contract.

(3) “Termination” occurs when either party pursuant to a power created by agreement or law puts an end to the contract otherwise than for its breach.  On “termination” all obligations which are still executory on both sides are discharged but any right based on prior breach or performance survives.

(4) “Cancellation” occurs when either party puts an end to the contract for breach by the other and its effect is the same as that of “termination” except that the cancelling party also retains any remedy for breach of the whole contract or any unperformed balance.

§ 2-107. Goods to Be Severed From Realty:  Recording.

(1) A contract for the sale of minerals or the like (including oil and gas) or a structure or its materials to be removed from realty is a contract for the sale of goods within this Article if they are to be severed by the seller but until severance a purported present sale thereof which is not effective as a transfer of an interest in land is effective only as a contract to sell.

(2) A contract for the sale apart from the land of growing crops or other things attached to realty and capable of severance without material harm thereto but not described in subsection (1) or of timber to be cut is a contract for the sale of goods within this Article whether the subject matter is to be severed by the buyer or by the seller even though it forms part of the realty at the time of contracting, and the parties can by identification effect a present sale before severance.

(3) The provisions of this section are subject to any third party rights provided by the law relating to realty records, and the contract for sale may be executed and recorded as a document transferring an interest in land and shall then constitute notice to third parties of the buyer’s rights under the contract for sale.

§ 2-108. Transactions Subject to Other Law

(1) A transaction subject to this article is also subject to any applicable:

(a) [list any certificate of title statutes of this State covering automobiles, trailers, mobile homes, boats, farm tractors, or the like], except with respect to the rights of a buyer in ordinary course of business under Section 2-403(2) which arise before a certificate of title covering the goods is effective in the name of any other buyer;

(b) rule of law that establishes a different rule for consumers; or

(c) statute of this state applicable to the transaction, such as a statute dealing with:

(i) the sale or lease of agricultural products;

(ii) the transfer of human blood, blood products, tissues, or parts;

(iii) the consignment or transfer by artists of works of art or fine prints;

(iv) distribution agreements, franchises, and other relationships through which goods are sold;

(v) the misbranding or adulteration of food products or drugs; and

(vi) dealers in particular products, such as automobiles, motorized wheelchairs, agricultural equipment, and hearing aids.

(2) Except for the rights of a buyer in ordinary course of business under subsection (1)(a), in the event of a conflict between this article and a law referred to in subsection (1), that law governs.

(3) For purposes of this article, failure to comply with a law referred to in subsection (1) has only the effect specified in that law.

(4) This article modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001 et seq., except that nothing in this article modifies, limits, or supersedes Section 7001(c) of that Act or authorizes electronic delivery of any of the notices described in Section 7003(b) of that Act.

PART 2. FORM, FORMATION AND READJUSTMENT OF CONTRACT [Table of Contents]

§ 2-201. Formal Requirements;  Statute of Frauds.

(1) A contract for the sale of goods for the price of $5,000 or more is not enforceable by way of action or defense unless there is some record sufficient to indicate that a contract for sale has been made between the parties and signed by the party against which enforcement is sought or by the party’s authorized agent or broker.  A record is not insufficient because it omits or incorrectly states a term agreed upon but the contract is not enforceable under this subsection beyond the quantity of goods shown in the record.

(2) Between merchants if within a reasonable time a record in confirmation of the contract and sufficient against the sender is received and the party receiving it has reason to know its contents, it satisfies the requirements of subsection (1) against the recipient unless notice of objection to its contents is given in a record within 10 days after it is received.

(3) A contract that does not satisfy the requirements of subsection (1) but which is valid in other respects is enforceable:

(a) if the goods are to be specially manufactured for the buyer and are not suitable for sale to others in the ordinary course of the seller’s business and the seller, before notice of repudiation is received and under circumstances that reasonably indicate that the goods are for the buyer, has made either a substantial beginning of their manufacture or commitments for their procurement;

(b) if the party against which enforcement is sought admits in the party’s pleading, or in the party’s testimony or otherwise under oath that a contract for sale was made, but the contract is not enforceable under this paragraph beyond the quantity of goods admitted;  or

(c) with respect to goods for which payment has been made and accepted or which have been received and accepted (Sec. 2-606).

(4) A contract that is enforceable under this section is not unenforceable merely because it is not capable of being performed within one year or any other period after its making.

§ 2-202. Final Expression in a Record:  Parol or Extrinsic Evidence.

(1) Terms with respect to which the confirmatory records of the parties agree or which are otherwise set forth in a record intended by the parties as a final expression of their agreement with respect to such terms as are included therein may not be contradicted by evidence of any prior agreement or of a contemporaneous oral agreement but may be supplemented by evidence of:

(a) course of performance, course of dealing, or usage of trade (Section 1-303);  and

(b) consistent additional terms unless the court finds the record to have been intended also as a complete and exclusive statement of the terms of the agreement .

(2) Terms in a record may be explained by evidence of course of performance, course of dealing, or usage of trade without a preliminary determination by the court that the language used is ambiguous.

§ 2-203. Seals Inoperative.

The affixing of a seal to a record evidencing a contract for sale or an offer to buy or sell goods does not constitute the record a sealed instrument. The law with respect to sealed instruments does not apply to such a contract or offer.

§ 2-204. Formation in General.

(1) A contract for sale of goods may be made in any manner sufficient to show agreement, including offer and acceptance, conduct by both parties which recognizes the existence of a contract, the interaction of electronic agents, and the interaction of an electronic agent and an individual.

(2) An agreement sufficient to constitute a contract for sale may be found even if the moment of its making is undetermined.

(3) Even if one or more terms are left open, a contract for sale does not fail for indefiniteness if the parties have intended to make a contract and there is a reasonably certain basis for giving an appropriate remedy.

(4) Except as otherwise provided in Sections 2-211 through 2-213, the following rules apply:

(a) A contract may be formed by the interaction of electronic agents of the parties, even if no individual was aware of or reviewed the electronic agents’ actions or the resulting terms and agreements.

(b) A contract may be formed by the interaction of an electronic agent and an individual acting on the individual’s own behalf or for another person. A contract is formed if the individual takes actions that the individual is free to refuse to take or makes a statement, and the individual has reason to know that the actions or statement will:

(i) cause the electronic agent to complete the transaction or performance; or

(ii) indicate acceptance of an offer, regardless of other expressions or actions by the individual to which the electronic agent cannot react.

§ 2-205. Firm Offers.

An offer by a merchant to buy or sell goods in a signed record that by its terms gives assurance that it will be held open is not revocable, for lack of consideration, during the time stated or if no time is stated for a reasonable time, but in no event may such period of irrevocability exceed three months; but in no event may the period of irrevocability exceed three months. Any such term of assurance in a form supplied by the offeree must be separately signed by the offeror.

§ 2-206. Offer and Acceptance in Formation of Contract.

(1) Unless otherwise unambiguously indicated by the language or circumstances

(a) an offer to make a contract shall be construed as inviting acceptance in any manner and by any medium reasonable in the circumstances:

(b) an order or other offer to buy goods for prompt or current shipment shall be construed as inviting acceptance either by a prompt promise to ship or by the prompt or current shipment of conforming or nonconforming goods, but the shipment of nonconforming goods is not an acceptance if the seller seasonably notifies the buyer that the shipment is offered only as an accommodation to the buyer.

(2) If the beginning of a requested performance is a reasonable mode of acceptance, an offeror that is not notified of acceptance within a reasonable time may treat the offer as having lapsed before acceptance.

(3) A definite and seasonable expression of acceptance in a record operates as an acceptance even if it contains terms additional to or different from the offer.

§ 2-207. Terms of Contract; Effect of Confirmation.

Subject to Section 2-202, if (i) conduct by both parties recognizes the existence of a contract although their records do not otherwise establish a contract, (ii) a contract is formed by an offer and acceptance, or (iii) a contract formed in any manner is confirmed by a record that contains terms additional to or different from those in the contract being confirmed, the terms of the contract are:

(a) terms that appear in the records of both parties;

(b) terms, whether in a record or not, to which both parties agree; and

(c) terms supplied or incorporated under any provision of this Act.

[§ 2-208. Reserved]

§ 2-209. Modification, Rescission and Waiver.

(1) An agreement modifying a contract within this Article needs no consideration to be binding.

(2) An agreement in a signed record which excludes modification or rescission except by a signed record may not be otherwise modified or rescinded, but except as between merchants such a requirement in a form supplied by the merchant must be separately signed by the other party.

(3) The requirements of Section 2-201 must be satisfied if the contract as modified is within its provisions.

(4) Although an attempt at modification or rescission does not satisfy the requirements of subsection (2) or (3), it may operate as a waiver.

(5) A party that has made a waiver affecting an executory portion of a contract may retract the waiver by reasonable notification received by the other party that strict performance will be required of any term waived, unless the retraction would be unjust in view of a material change of position in reliance on the waiver.

§ 2-210. Delegation of Performance;  Assignment of Rights.

(1) If the seller or buyer assigns rights under a contract, the following rules apply: 

(a) Subject to paragraph (b) and except as otherwise provided in Section 9-406 or as otherwise agreed, all rights of the seller or the buyer may be assigned unless the assignment would materially change the duty of the other party, increase materially the burden or risk imposed on that party by the contract, or impair materially that party’s chance of obtaining return performance. A right to damages for breach of the whole contract or a right arising out of the assignor’s due performance of its entire obligation may be assigned despite an agreement otherwise.

(b) The creation, attachment, perfection, or enforcement of a security interest in the seller’s interest under a contract is not an assignment that materially changes the duty of or materially increases the burden or risk imposed on the buyer or materially impairs the buyer’s chance of obtaining return performance under paragraph (a) unless, and only to the extent that, enforcement of the security interest results in a delegation of a material performance of the seller. Even in that event, the creation, attachment, perfection, and enforcement of the security interest remain effective. However, the seller is liable to the buyer for damages caused by the delegation to the extent that the damages could not reasonably be prevented by the buyer, and a court may grant other appropriate relief, including cancellation of the contract or an injunction against enforcement of the security interest or consummation of the enforcement.

(2) If the seller or buyer delegates performance of its duties under a contract, the following rules apply:

(a) A party may perform its duties through a delegate unless otherwise agreed or unless the other party has a substantial interest in having the original promisor perform or control the acts required by the contract. Delegation of performance does not relieve the delegating party of any duty to perform or liability for breach.

(b) Acceptance of a delegation of duties by the assignee constitutes a promise to perform those duties. The promise is enforceable by either the assignor or the other party to the original contract.

(c) The other party may treat any delegation of duties as creating reasonable grounds for insecurity and may without prejudice to its rights against the assignor demand assurances from the assignee under Section 2–609.

(d) A contractual term prohibiting the delegation of duties otherwise delegable under paragraph (a) is enforceable, and an attempted delegation is not effective.

(3) An assignment of “the contract” or of “all my rights under the contract” or an assignment in similar general terms is an assignment of rights and unless the language or the circumstances, as in an assignment for security, indicate the contrary, it is also a delegation of performance of the duties of the assignor.

(4) Unless the circumstances indicate the contrary, a prohibition of assignment of “the contract” is to be construed as barring only the delegation to the assignee of the assignor’s performance.

§ 2-211. Legal Recognition of Electronic Contracts, Records, and Signatures

(1) A record or signature may not be denied legal effect or enforceability solely because it is in electronic form.

(2) A contract may not be denied legal effect or enforceability solely because an electronic record was used in its formation.

(3) This article does not require a record or signature to be created, generated, sent, communicated, received, stored, or otherwise processed by electronic means or in electronic form.

(4) A contract formed by the interaction of an individual and an electronic agent under Section 2-204(4)(b) does not include terms provided by the individual if the individual had reason to know that the agent could not react to the terms as provided.

§ 2-212. ATTRIBUTION

An electronic record or electronic signature is attributable to a person if it was the act of the person or the person’s electronic agent or the person is otherwise legally bound by the act.

§ 2-213. ELECTRONIC COMMUNICATION

(1) If the receipt of an electronic communication has a legal effect, it has that effect even if no individual is aware of its receipt.

(2) Receipt of an electronic acknowledgment of an electronic communication establishes that the communication was received but, in itself, does not establish that the content sent corresponds to the content received.

PART 3. GENERAL OBLIGATION AND CONSTRUCTION OF CONTRACT [Table of Contents]

§ 2-301. General Obligations of Parties.

The obligation of the seller is to transfer and deliver and that of the buyer is to accept and pay in accordance with the contract.

§ 2-302. Unconscionable contract or Term.

(1) If the court as a matter of law finds the contract or any term of the contract to have been unconscionable at the time it was made the court may refuse to enforce the contract, or it may enforce the remainder of the contract without the unconscionable term, or it may so limit the application of any unconscionable term as to avoid any unconscionable result.

(2) If it is claimed or appears to the court that the contract or any term thereof may be unconscionable the parties shall be afforded a reasonable opportunity to present evidence as to its commercial setting, purpose, and effect to aid the court in making the determination.

§ 2-303. Allocation or Division of Risks.

Where this Article allocates a risk or a burden as between the parties “unless otherwise agreed”, the agreement may not only shift the allocation but may also divide the risk or burden.

§ 2-304. Price Payable in Money, Goods, Realty, or Otherwise.

(1) The price may be made payable in money or otherwise.  If it is payable in whole or in part in goods each party is a seller of the goods that the party is to transfer.

(2) Even if all or part of the price is payable in an interest in real property the transfer of the goods and the seller’s obligations with reference to them are subject to this Article, but not the transfer of the interest in real property or the transferor’s obligations in connection therewith.

§ 2-305. Open Price Term.

(1) The parties if they so intend may conclude a contract for sale even if the price is not settled.  In such a case the price is a reasonable price at the time for delivery if:

(a) nothing is said as to price; 

(b) the price is left to be agreed by the parties and they fail to agree;  or

(c) the price is to be fixed in terms of some agreed market or other standard as set or recorded by a third person or agency and it is not so set or recorded.

(2) A price to be fixed by the seller or by the buyer means a price to be fixed in good faith.

(3) If a price left to be fixed otherwise than by agreement of the parties fails to be fixed through fault of one party the other may at the party’s option treat the contract as cancelled or the party may fix a reasonable price.

(4) If, however, the parties intend not to be bound unless the price is fixed or agreed and it is not fixed or agreed there is no contract.  In such a case the buyer must return any goods already received or if unable to do so must pay their reasonable value at the time of delivery and the seller must return any portion of the price paid on account.

§ 2-306. Output, Requirements and Exclusive Dealings.

(1) A term which measures the quantity by the output of the seller or the requirements of the buyer means such actual output or requirements as may occur in good faith, except that no quantity unreasonably disproportionate to any stated estimate or in the absence of a stated estimate to any normal or otherwise comparable prior output or requirements may be tendered or demanded.

(2) A lawful agreement by either the seller or the buyer for exclusive dealing in the kind of goods concerned imposes unless otherwise agreed an obligation by the seller to use best efforts to supply the goods and by the buyer to use best efforts to promote their sale.

§ 2-307. Delivery in Single Lot or Several Lots.

Unless otherwise agreed all goods called for by a contract for sale must be tendered in a single delivery and payment is due only on such tender but where the circumstances give either party the right to make or demand delivery in lots the price if it can be apportioned may be demanded for each lot.

§ 2-308. Absence of Specified Place for Delivery.

Unless otherwise agreed

(a) the place for delivery of goods is the seller’s place of business or if none, the seller’s residence;  but

(b) in a contract for sale of identified goods which to the knowledge of the parties at the time of contracting are in some other place, that place is the place for their delivery;  and

(c) documents of title may be delivered through customary banking channels.

§ 2-309. Absence of Specific Time Provisions;  Notice of Termination.

(1) The time for shipment or delivery or any other action under a contract if not provided in this Article or agreed upon shall be a reasonable time.

(2) If the contract provides for successive performances but is indefinite in duration, it is valid for a reasonable time but unless otherwise agreed may be terminated at any time by either party.

(3) Termination of a contract by one party except on the happening of an agreed event requires that reasonable notification be received by the other party and an agreement dispensing with notification is invalid if its operation would be unconscionable. A term specifying standards for the nature and timing of notice is enforceable if the standards are not manifestly unreasonable.

§ 2-310. Open Time for Payment or Running of Credit;  Authority to Ship Under Reservation.

Unless otherwise agreed

(a) payment is due at the time and place at which the buyer is to receive the goods even though the place of shipment is the place of delivery; 

(b) if the seller is required or authorized to send the goods, the seller may ship them under reservation, and may tender the documents of title, but the buyer may inspect the goods after their arrival before payment is due unless the inspection is inconsistent with the terms of the contract (Section 2-513); 

(c) if tender of delivery is agreed to be made by way of documents of title otherwise than by paragraph (b), then payment is due regardless of where the goods are to be received (i) at the time and place at which the buyer is to receive delivery of the tangible documents, or (ii) at the time the buyer is to receive delivery of the electronic documents and at the seller’s place of business or if none, the seller’s residence;  and

(d) if the seller is required or authorized to ship the goods on credit the credit period runs from the time of shipment but postdating the invoice or delaying its dispatch will correspondingly delay the starting of the credit period.

§ 2-311. Options and Cooperation Respecting Performance.

(1) An agreement for sale which is otherwise sufficiently definite (Section 2-204(3)) to be a contract is not made invalid by the fact that it leaves particulars of performance to be specified by one of the parties.  Any such specification must be made in good faith and within limits set by commercial reasonableness.

(2) Unless otherwise agreed, specifications relating to assortment of the goods are at the buyer’s option and specifications or arrangements relating to shipment are at the seller’s option.

(3) If the specification would materially affect the other party’s performance but is not seasonably made or if one party’s cooperation is necessary to the agreed performance of the other but is not seasonably forthcoming, the other party in addition to all other remedies:

(a) is excused for any resulting delay in that party’s performance;  and

(b) may also either proceed to perform in any reasonable manner or after the time for a material part of that party’s performance treat the failure to specify or to cooperate as a breach by failure to deliver or accept the goods.

§ 2-312. Warranty of Title and Against Infringement;  Buyer’s Obligation Against Infringement.

(1) Subject to subsection (3), there is in a contract for sale a warranty by the seller that:

(a) the title conveyed shall be good and its transfer rightful and shall not unreasonably expose the buyer to litigation because of any colorable claim to or interest in the goods; and

(b) the goods shall be delivered free from any security interest or other lien or encumbrance of which the buyer at the time of contracting has no knowledge.

(2) Unless otherwise agreed, a seller that is a merchant regularly dealing in goods of the kind warrants that the goods shall be delivered free of the rightful claim of any third person by way of infringement or the like but a buyer that furnishes specifications to the seller must hold the seller harmless against any such claim that arises out of compliance with the specifications.

(3) A warranty under this section may be disclaimed or modified only by specific language or by circumstances that give the buyer reason to know that the seller does not claim title, that the seller is purporting to sell only the right or title as the seller or a third person may have, or that the seller is selling subject to any claims of infringement or the like.

§ 2-313. Express Warranties by Affirmation, Promise, Description, Sample.

(1) In this section, “immediate buyer” means a buyer that enters into a contract with the seller.

(2) Express warranties by the seller to the immediate buyer are created as follows:

(a) Any affirmation of fact or promise made by the seller which relates to the goods and becomes part of the basis of the bargain creates an express warranty that the goods shall conform to the affirmation or promise.

(b) Any description of the goods which is made part of the basis of the bargain creates an express warranty that the goods shall conform to the description.

(c) Any sample or model that is made part of the basis of the bargain creates an express warranty that the whole of the goods shall conform to the sample or model.

(3) It is not necessary to the creation of an express warranty that the seller use formal words such as “warrant” or “guarantee” or that the seller have a specific intention to make a warranty, but an affirmation merely of the value of the goods or a statement purporting to be merely the seller’s opinion or commendation of the goods does not create a warranty.

(4) Any remedial promise made by the seller to the immediate buyer creates an obligation that the promise will be performed upon the happening of the specified event.

§ 2-313A Obligation to Remote Purchaser Created by Record Packaged With or Accompanying Goods

(1) In this section:

(a) “Immediate buyer” means a buyer that enters into a contract with the seller.

(b) “Remote purchaser” means a person that buys or leases goods from an immediate buyer or other person in the normal chain of distribution.

(2) This section applies only to new goods and goods sold or leased as new goods in a transaction of purchase in the normal chain of distribution.

(3) If in a record packaged with or accompanying the goods the seller makes an affirmation of fact or promise that relates to the goods, provides a description that relates to the goods, or makes a remedial promise, and the seller reasonably expects the record to be, and the record is, furnished to the remote purchaser, the seller has an obligation to the remote purchaser that:

(a) the goods will conform to the affirmation of fact, promise, or description unless a reasonable person in the position of the remote purchaser would not believe that the affirmation of fact, promise, or description created an obligation; and

(b) the seller will perform the remedial promise.

(4) It is not necessary to the creation of an obligation under this section that the seller use formal words such as “warrant” or “guarantee” or that the seller have a specific intention to undertake an obligation, but an affirmation merely of the value of the goods or a statement purporting to be merely the seller’s opinion or commendation of the goods does not create an obligation.

(5) The following rules apply to the remedies for breach of an obligation created under this section:

(a) The seller may modify or limit the remedies available to the remote purchaser if the modification or limitation is furnished to the remote purchaser no later than the time of purchase or if the modification or limitation is contained in the record that contains the affirmation of fact, promise, or description.

(b) Subject to a modification or limitation of remedy, a seller in breach is liable for incidental or consequential damages under Section 2-715, but not for lost profits.

(c) The remote purchaser may recover as damages for breach of a seller’s obligation arising under subsection (3) the loss resulting in the ordinary course of events as determined in any reasonable manner.

(6) An obligation that is not a remedial promise is breached if the goods did not conform to the affirmation of fact, promise, or description creating the obligation when the goods left the seller’s control.

§ 2-313B Obligation to Remote Purchaser Created by Communication to the Public

(1) In this section:

(a) “Immediate buyer” means a buyer that enters into a contract with the seller.

(b) “Remote purchaser” means a person that buys or leases goods from an immediate buyer or other person in the normal chain of distribution.

(2) This section applies only to new goods and goods sold or leased as new goods in a transaction of purchase in the normal chain of distribution.

(3) If in an advertisement or a similar communication to the public a seller makes an affirmation of fact or promise that relates to the goods, provides a description that relates to the goods, or makes a remedial promise, and the remote purchaser enters into a transaction of purchase with knowledge of and with the expectation that the goods will conform to the affirmation of fact, promise, or description, or that the seller will perform the remedial promise, the seller has an obligation to the remote purchaser that:

(a) the goods will conform to the affirmation of fact, promise, or description unless a reasonable person in the position of the remote purchaser would not believe that the affirmation of fact, promise, or description created an obligation; and

(b) the seller will perform the remedial promise.

(4) It is not necessary to the creation of an obligation under this section that the seller use formal words such as “warrant” or “guarantee” or that the seller have a specific intention to undertake an obligation, but an affirmation merely of the value of the goods or a statement purporting to be merely the seller’s opinion or commendation of the goods does not create an obligation.

(5) The following rules apply to the remedies for breach of an obligation created under this section:

(a) The seller may modify or limit the remedies available to the remote purchaser if the modification or limitation is furnished to the remote purchaser no later than the time of purchase. The modification or limitation may be furnished as part of the communication that contains the affirmation of fact, promise, or description.

(b) Subject to a modification or limitation of remedy, a seller in breach is liable for incidental or consequential damages under Section 2-715, but not for lost profits.

(c) The remote purchaser may recover as damages for breach of a seller’s obligation arising under subsection (3) the loss resulting in the ordinary course of events as determined in any reasonable manner.

(6) An obligation that is not a remedial promise is breached if the goods did not conform to the affirmation of fact, promise, or description creating the obligation when the goods left the seller’s control.

§ 2-314. Implied Warranty:  Merchantability;  Usage of Trade.

(1) Unless excluded or modified (Section 2-316), a warranty that the goods shall be merchantable is implied in a contract for their sale if the seller is a merchant with respect to goods of that kind.  Under this section the serving for value of food or drink to be consumed either on the premises or elsewhere is a sale.

(2) Goods to be merchantable must be at least such as:

(a) pass without objection in the trade under the contract description; 

(b) in the case of fungible goods, are of fair average quality within the description; 

(c) are fit for the ordinary purposes for which goods of that description are used; 

(d) run, within the variations permitted by the agreement, of even kind, quality and quantity within each unit and among all units involved; 

(e) are adequately contained, packaged, and labeled as the agreement may require;  and

(f) conform to the promise or affirmations of fact made on the container or label if any.

(3) Unless excluded or modified (Section 2-316) other implied warranties may arise from course of dealing or usage of trade.

§ 2-315. Implied Warranty:  Fitness for Particular Purpose.

Where the seller at the time of contracting has reason to know any particular purpose for which the goods are required and that the buyer is relying on the seller’s skill or judgment to select or furnish suitable goods, there is unless excluded or modified under the next section an implied warranty that the goods shall be fit for such purpose.

§ 2-316. Exclusion or Modification of Warranties.

(1) Words or conduct relevant to the creation of an express warranty and words or conduct tending to negate or limit warranty shall be construed wherever reasonable as consistent with each other;  but subject to Section 2-202, negation or limitation is inoperative to the extent that such construction is unreasonable.

(2) Subject to subsection (3), to exclude or modify the implied warranty of merchantability or any part of it in a consumer contract the language must be in a record, be conspicuous, and state “The seller undertakes no responsibility for the quality of the goods except as otherwise provided in this contract,” and in any other contract the language must mention merchantability and in case of a record must be conspicuous. Subject to subsection (3), to exclude or modify the implied warranty of fitness, the exclusion must be in a record and be conspicuous. Language to exclude all implied warranties of fitness in a consumer contract must state “The seller assumes no responsibility that the goods will be fit for any particular purpose for which you may be buying these goods, except as otherwise provided in the contract,” and in any other contract the language is sufficient if it states, for example, that “There are no warranties that extend beyond the description on the face hereof.” Language that satisfies the requirements of this subsection for the exclusion or modification of a warranty in a consumer contract also satisfies the requirements for any other contract.

(3) Notwithstanding subsection (2)

(a) unless the circumstances indicate otherwise, all implied warranties are excluded by expressions like “as is”, “with all faults” or other language that in common understanding calls the buyer‘s attention to the exclusion of warranties, makes plain that there is no implied warranty, and, in a consumer contract evidenced by a record, is set forth conspicuously in the record;

(b) if the buyer before entering into the contract has examined the goods or the sample or model as fully as desired or has refused to examine the goods after a demand by the seller there is no implied warranty with regard to defects that an examination in the circumstances should have revealed to the buyer;  and

(c) an implied warranty may also be excluded or modified by course of dealing or course of performance or usage of trade.

(4) Remedies for breach of warranty may be limited in accordance with Sections 2-718 and 2-719.

§ 2-317. Cumulation and Conflict of Warranties Express or Implied.

Warranties whether express or implied shall be construed as consistent with each other and as cumulative, but if such construction is unreasonable the intention of the parties shall determine which warranty is dominant.  In ascertaining that intention the following rules apply:

(a) Exact or technical specifications displace an inconsistent sample or model or general language of description.

(b) A sample from an existing bulk displaces inconsistent general language of description.

(c) Express warranties displace inconsistent implied warranties other than an implied warranty of fitness for a particular purpose.

§ 2-318. Third Party Beneficiaries of Warranties Express or Implied.

(1) In this section:

(a) “Immediate buyer” means a buyer that enters into a contract with the seller.

(b) “Remote purchaser” means a person that buys or leases goods from an immediate buyer or other person in the normal chain of distribution.

Alternative A to subsection (2)

A seller’s warranty to an immediate buyer, whether express or implied, a seller’s remedial promise to an immediate buyer, or a seller’s obligation to a remote purchaser under Section 2-313A or 2-313B extends to any individual who is in the family or household of the immediate buyer or the remote purchaser or who is a guest in the home of either if it is reasonable to expect that the person may use, consume, or be affected by the goods and who is injured in person by breach of the warranty, remedial promise, or obligation. A seller may not exclude or limit the operation of this section.

Alternative B to subsection (2)

A seller’s warranty to an immediate buyer, whether express or implied, a seller’s remedial promise to an immediate buyer, or a seller’s obligation to a remote purchaser under Section 2-313A or 2-313B extends to any individual who may reasonably be expected to use, consume, or be affected by the goods and who is injured in person by breach of the warranty, remedial promise, or obligation. A seller may not exclude or limit the operation of this section.

Alternative C to subsection (2)

A seller’s warranty to an immediate buyer, whether express or implied, a seller’s remedial promise to an immediate buyer, or a seller’s obligation to a remote purchaser under Section 2-313A or 2-313B extends to any person that may reasonably be expected to use, consume, or be affected by the goods and that is injured by breach of the warranty, remedial promise, or obligation. A seller may not exclude or limit the operation of this section with respect to injury to the person of an individual to whom the warranty, remedial promise, or obligation extends.

[§ 2-319. Reserved]

[§ 2-320. Reserved]

[§ 2-321. Reserved]

[§ 2-322. Reserved]

[§ 2-323. Reserved]

[§ 2-324. Reserved]

§ 2-325. “Letter of Credit” Term;  “Confirmed Credit”.

If the parties agree that the primary method of payment will be by letter of credit, the following rules apply:

(a) The buyer’s obligation to pay is suspended by seasonable delivery to the seller of a letter of credit issued or confirmed by a financing agency of good repute in which the issuer and any confirmer undertake to pay against presentation of documents that evidence delivery of the goods.

(b) Failure of a party seasonably to furnish a letter of credit as agreed is a breach of the contract for sale.

(c) If the letter of credit is dishonored or repudiated, the seller, on seasonable notification, may require payment directly from the buyer.

§ 2-326. Sale on Approval and Sale or Return;  Consignment Sales and Rights of Creditors.

(1) Unless otherwise agreed, if delivered goods may be returned by the buyer even if they conform to the contract, the transaction is:

(a) a “sale on approval” if the goods are delivered primarily for use; and

(b) a “sale or return” if the goods are delivered primarily for resale.

(2) Goods held on approval are not subject to the claims of the buyer’s creditors until acceptance;  goods held on sale or return are subject to such claims while in the buyer’s possession.

(3) Any “or return” term of a contract for sale is to be treated as a separate contract for sale under Section 2-201 and as contradicting the sale aspect of the contract under Section 2-202.

§ 2-327. Special Incidents of Sale on Approval and Sale or Return.

(1) Under a sale on approval unless otherwise agreed

(a) although the goods are identified to the contract the risk of loss and the title do not pass to the buyer until acceptance;  and

(b) use of the goods consistent with the purpose of trial is not acceptance but failure seasonably to notify the seller of election to return the goods is acceptance, and if the goods conform to the contract acceptance of any part is acceptance of the whole;  and

(c) after due notification of election to return, the return is at the seller’s risk and expense but a merchant buyer must follow any reasonable instructions.

(2) Under a sale or return unless otherwise agreed

(a) the option to return extends to the whole or any commercial unit of the goods while in substantially their original condition, but must be exercised seasonably;  and

(b) the return is at the buyer’s risk and expense.

§ 2-328. Sale by Auction.

(1) In a sale by auction, if goods are put up in lots each lot is the subject of a separate sale.

(2) A sale by auction is complete when the auctioneer so announces by the fall of the hammer or in other customary manner.  If a bid is made during the process of completing the sale but before a prior bid is accepted, the auctioneer has discretion to reopen the bidding or to declare the goods sold under the prior bid.

(3) A sale by auction is subject to the seller’s right to withdraw the goods unless at the time the goods are put up or during the course of the auction it is announced in express terms that the right to withdraw the goods is not reserved. In an auction in which the right to withdraw the goods is reserved, the auctioneer may withdraw the goods at any time until completion of the sale is announced by the auctioneer. In an auction in which the right to withdraw the goods is not reserved, after the auctioneer calls for bids on an article or lot, the article or lot may not be withdrawn unless no bid is made within a reasonable time. In either case a bidder may retract a bid until the auctioneer’s announcement of completion of the sale, but a bidder’s retraction does not revive any previous bid.

(4) If the auctioneer knowingly receives a bid on the seller’s behalf or the seller makes or procures such a bid, and notice has not been given that liberty for such bidding is reserved, the buyer may at the buyer’s option avoid the sale or take the goods at the price of the last good faith bid prior to the completion of the sale.  This subsection shall not apply to any bid at an auction required by law.

PART 4. TITLE, CREDITORS AND GOOD FAITH PURCHASERS [Table of Contents]

§ 2-401. Passing of Title;  Reservation for Security;  Limited Application of This Section.

Each provision of this Article with regard to the rights, obligations and remedies of the seller, the buyer, purchasers or other third parties applies irrespective of title to the goods except where the provision refers to such title.  Insofar as situations are not covered by the other provisions of this Article and matters concerning title become material the following rules apply:

(1) Title to goods cannot pass under a contract for sale prior to their identification to the contract (Section 2-501), and unless otherwise explicitly agreed the buyer acquires by their identification a special property as limited by this Act.  Any retention or reservation by the seller of the title (property) in goods shipped or delivered to the buyer is limited in effect to a reservation of a security interest.  Subject to these provisions and to the provisions of Article 9, title to goods passes from the seller to the buyer in any manner and on any conditions explicitly agreed on by the parties.

(2) Unless otherwise explicitly agreed title passes to the buyer at the time and place at which the seller completes performance with reference to the physical delivery of the goods, despite any reservation of a security interest and even though a document of title is to be delivered at a different time or place;  and in particular and despite any reservation of a security interest by the bill of lading

(a) if the contract requires or authorizes the seller to send the goods to the buyer but does not require the seller to deliver them at destination, title passes to the buyer at the time and place of shipment;  but

(b) if the contract requires delivery at destination, title passes on tender there.

(3) Unless otherwise explicitly agreed where delivery is to be made without moving the goods,

(a) if the seller is to deliver a tangible document of title, title passes at the time when and the place where he delivers such documents and if the seller is to deliver an electronic docuemnt of title, title passes when the seller delivers the document;  or

(b) if the goods are at the time of contracting already identified and no documents of title are to be delivered, title passes at the time and place of contracting.

(4) A rejection or other refusal by the buyer to receive or retain the goods, whether or not justified, or a justified revocation of acceptance revests title to the goods in the seller.  Such revesting occurs by operation of law and is not a “sale”.

§ 2-402. Rights of Seller’s Creditors Against Sold Goods.

(1) Except as provided in subsections (2) and (3), rights of unsecured creditors of the seller with respect to goods which have been identified to a contract for sale are subject to the buyer’s rights to recover the goods under this Article (Sections 2-502 and 2-716).

(2) A creditor of the seller may treat a sale or an identification of goods to a contract for sale as void if as against him a retention of possession by the seller is fraudulent under any rule of law of the state where the goods are situated, except that retention of possession in good faith and current course of trade by a merchant-seller for a commercially reasonable time after a sale or identification is not fraudulent.

(3) Nothing in this Article shall be deemed to impair the rights of creditors of the seller

(a) under the provisions of the Article on Secured Transactions (Article 9);  or

(b) where identification to the contract or delivery is made not in current course of trade but in satisfaction of or as security for a pre-existing claim for money, security or the like and is made under circumstances which under any rule of law of the state where the goods are situated would apart from this Article constitute the transaction a fraudulent transfer or voidable preference.

§ 2-403. Power to Transfer;  Good Faith Purchase of Goods;  “Entrusting”.

(1) A purchaser of goods acquires all title which his transferor had or had power to transfer except that a purchaser of a limited interest acquires rights only to the extent of the interest purchased.  A person with voidable title has power to transfer a good title to a good faith purchaser for value.  When goods have been delivered under a transaction of purchase the purchaser has such power even though

(a) the transferor was deceived as to the identity of the purchaser, or

(b) the delivery was in exchange for a check which is later dishonored, or

(c) it was agreed that the transaction was to be a “cash sale”, or

(d) the delivery was procured through fraud punishable as larcenous under the criminal law.

(2) Any entrusting of possession of goods to a merchant that deals in goods of that kind gives him power to transfer all rights of the entruster to a buyer in ordinary course of business.

(3) “Entrusting” includes any delivery and any acquiescence in retention of possession regardless of any condition expressed between the parties to the delivery or acquiescence and regardless of whether the procurement of the entrusting or the possessor’s disposition of the goods have been such as to be larcenous under the criminal law.

[Note:  If a state adopts the repealer of Article 6-Bulk Transfers (Alternative A), subsec. (4) should read as follows:]

(4) The rights of other purchasers of goods and of lien creditors are governed by the Articles on Secured Transactions (Article 9) and Documents of Title (Article 7).

[Note:  If a state adopts Revised Article 6-Bulk Sales (Alternative B), subsec. (4) should read as follows:]

(4) The rights of other purchasers of goods and of lien creditors are governed by the Articles on Secured Transactions (Article 9), Bulk Sales (Article 6) and Documents of Title (Article 7).

PART 5. PERFORMANCE [Table of Contents]

§ 2-501. Insurable Interest in Goods;  Manner of Identification of Goods.

(1) The buyer obtains a special property and an insurable interest in goods by identification of existing goods as goods to which the contract refers even though the goods so identified are non-conforming and he has an option to return or reject them.  Such identification can be made at any time and in any manner explicitly agreed to by the parties.  In the absence of explicit agreement identification occurs

(a) when the contract is made if it is for the sale of goods already existing and identified;

(b) if the contract is for the sale of future goods other than those described in paragraph (c), when goods are shipped, marked or otherwise designated by the seller as goods to which the contract refers;

(c) when the crops are planted or otherwise become growing crops or the young are conceived if the contract is for the sale of unborn young to be born within twelve months after contracting or for the sale of crops to be harvested within twelve months or the next normal harvest reason after contracting whichever is longer.

(2) The seller retains an insurable interest in goods so long as title to or any security interest in the goods remains in him and where the identification is by the seller alone he may until default or insolvency or notification to the buyer that the identification is final substitute other goods for those identified.

(3) Nothing in this section impairs any insurable interest recognized under any other statute or rule of law.

§ 2-502. Buyer’s Right to Goods on Seller’s Repudiation, Failure to Deliver or Insolvency.

(1) Subject to subsections (2) and (3) and even though the goods have not been shipped a buyer who has paid a part or all of the price of goods in which he has a special property under the provisions of the immediately preceding section may on making and keeping good a tender of any unpaid portion of their price recover them from the seller if:

(a) in the case of goods bought for personal, family, or household purposes, the seller repudiates or fails to deliver as required by the contract; or

(b) in other cases, the seller becomes insolvent within ten days after receipt of the first installment on their price.

(2) The buyer’s right to recover the goods under subsection (1)(a) vests upon acquisition of a special property, even if the seller had not then repudiated or failed to deliver.

(3) If the identification creating his special property has been made by the buyer he acquires the right to recover the goods only if they conform to the contract for sale.

§ 2-503. Manner of Seller’s Tender of Delivery.

(1) Tender of delivery requires that the seller put and hold conforming goods at the buyer’s disposition and give the buyer any notification reasonably necessary to enable him to take delivery.  The manner, time and place for tender are determined by the agreement and this Article, and in particular

(a) tender must be at a reasonable hour, and if it is of goods they must be kept available for the period reasonably necessary to enable the buyer to take possession;  but

(b) unless otherwise agreed the buyer must furnish facilities reasonably suited to the receipt of the goods.

(2) Where the case is within the next section respecting shipment tender requires that the seller comply with its provisions.

(3) Where the seller is required to deliver at a particular destination tender requires that he comply with subsection (1) and also in any appropriate case tender documents as described in subsections (4) and (5) of this section.

(4) Where goods are in the possession of a bailee and are to be delivered without being moved

(a) tender requires that the seller either tender a negotiable document of title covering such goods or procure acknowledgment by the bailee of the buyer’s right to possession of the goods;  but

(b) tender to the buyer of a non-negotiable document of title or of a record directing the bailee to deliver is sufficient tender unless the buyer seasonably objects, and except as otherwise provided in Article 9 receipt by the bailee of notification of the buyer’s rights fixes those rights as against the bailee and all third persons;  but risk of loss of the goods and of any failure by the bailee to honor the non-negotiable document of title or to obey the direction remains on the seller until the buyer has had a reasonable time to present the document or direction, and a refusal by the bailee to honor the document or to obey the direction defeats the tender.

(5) Where the contract requires the seller to deliver documents

(a) he must tender all such documents in correct form, except as provided in this Article with respect to bills of lading in a set (subsection (2) of Section 2-323);  and

(b) tender through customary banking channels is sufficient and dishonor of a draft accompanying or associated with the documents constitutes non-acceptance or rejection.

§ 2-504. Shipment by Seller.

Where the seller is required or authorized to send the goods to the buyer and the contract does not require him to deliver them at a particular destination, then unless otherwise agreed he must

(a) put the goods in the possession of such a carrier and make such a contract for their transportation as may be reasonable having regard to the nature of the goods and other circumstances of the case;  and

(b) obtain and promptly deliver or tender in due form any document necessary to enable the buyer to obtain possession of the goods or otherwise required by the agreement or by usage of trade;  and

(c) promptly notify the buyer of the shipment.

Failure to notify the buyer under paragraph (c) or to make a proper contract under paragraph (a) is a ground for rejection only if material delay or loss ensues.

§ 2-505. Seller’s Shipment Under Reservation.

(1) Where the seller has identified goods to the contract by or before shipment:

(a) his procurement of a negotiable bill of lading to his own order or otherwise reserves in him a security interest in the goods.  His procurement of the bill to the order of a financing agency or of the buyer indicates in addition only the seller’s expectation of transferring that interest to the person named.

(b) a non-negotiable bill of lading to himself or his nominee reserves possession of the goods as security but except in a case of conditional delivery (subsection (2) of Section 2-507) a non-negotiable bill of lading naming the buyer as consignee reserves no security interest even though the seller retains possession or control of the bill of lading.

(2) When shipment by the seller with reservation of a security interest is in violation of the contract for sale it constitutes an improper contract for transportation within the preceding section but impairs neither the rights given to the buyer by shipment and identification of the goods to the contract nor the seller’s powers as a holder of a negotiable document of title.

§ 2-506. Rights of Financing agency.

(1) A financing agency by paying or purchasing for value a draft which relates to a shipment of goods acquires to the extent of the payment or purchase and in addition to its own rights under the draft and any document of title securing it any rights of the shipper in the goods including the right to stop delivery and the shipper’s right to have the draft honored by the buyer.

(2) The right to reimbursement of a financing agency which has in good faith honored or purchased the draft under commitment to or authority from the buyer is not impaired by subsequent discovery of defects with reference to any relevant document which was apparently regular.

§ 2-507. Effect of Seller’s Tender;  Delivery on Condition.

(1) Tender of delivery is a condition to the buyer’s duty to accept the goods and, unless otherwise agreed, to his duty to pay for them.  Tender entitles the seller to acceptance of the goods and to payment according to the contract.

(2) Where payment is due and demanded on the delivery to the buyer of goods or documents of title, his right as against the seller to retain or dispose of them is conditional upon his making the payment due.

[Permanent Editorial Board Commentary]

§ 2-508. Cure by Seller of Improper Tender or Delivery;  Replacement.

(1) Where any tender or delivery by the seller is rejected because non-conforming and the time for performance has not yet expired, the seller may seasonably notify the buyer of his intention to cure and may then within the contract time make a conforming delivery.

(2) Where the buyer rejects a non-conforming tender which the seller had reasonable grounds to believe would be acceptable with or without money allowance the seller may if he seasonably notifies the buyer have a further reasonable time to substitute a conforming tender.

§ 2-509. Risk of Loss in the Absence of Breach.

(1) Where the contract requires or authorizes the seller to ship the goods by carrier

(a) if it does not require him to deliver them at a particular destination, the risk of loss passes to the buyer when the goods are duly delivered to the carrier even though the shipment is under reservation (Section 2-505);  but

(b) if it does require him to deliver them at a particular destination and the goods are there duly tendered while in the possession of the carrier, the risk of loss passes to the buyer when the goods are there duly so tendered as to enable the buyer to take delivery.

(2) Where the goods are held by a bailee to be delivered without being moved, the risk of loss passes to the buyer

(a) on his receipt of possession or control of a negotiable document of title covering the goods;  or

(b) on acknowledgment by the bailee of the buyer’s right to possession of the goods;  or

(c) after his receipt of posession or control of a non-negotiable document of title or other direction to deliver in a record, as provided in subsection (4)(b) of Section 2-503.

(3) In any case not within subsection (1) or (2), the risk of loss passes to the buyer on his receipt of the goods if the seller is a merchant;  otherwise the risk passes to the buyer on tender of delivery.

(4) The provisions of this section are subject to contrary agreement of the parties and to the provisions of this Article on sale on approval (Section 2-327) and on effect of breach on risk of loss (Section 2-510).

§ 2-510. Effect of Breach on Risk of Loss.

(1) Where a tender or delivery of goods so fails to conform to the contract as to give a right of rejection the risk of their loss remains on the seller until cure or acceptance.

(2) Where the buyer rightfully revokes acceptance he may to the extent of any deficiency in his effective insurance coverage treat the risk of loss as having rested on the seller from the beginning.

(3) Where the buyer as to conforming goods already identified to the contract for sale repudiates or is otherwise in breach before risk of their loss has passed to him, the seller may to the extent of any deficiency in his effective insurance coverage treat the risk of loss as resting on the buyer for a commercially reasonable time.

§ 2-511. Tender of Payment by Buyer;  Payment by Check.

(1) Unless otherwise agreed tender of payment is a condition to the seller’s duty to tender and complete any delivery.

(2) Tender of payment is sufficient when made by any means or in any manner current in the ordinary course of business unless the seller demands payment in legal tender and gives any extension of time reasonably necessary to procure it.

(3) Subject to the provisions of this Act on the effect of an instrument on an obligation (Section 3-802), payment by check is conditional and is defeated as between the parties by dishonor of the check on due presentment.

§ 2-512. Payment by Buyer Before Inspection.

(1) Where the contract requires payment before inspection non-conformity of the goods does not excuse the buyer from so making payment unless

(a) the non-conformity appears without inspection;  or

(b) despite tender of the required documents the circumstances would justify injunction against honor under this Act (Section 5-109(b)).

(2) Payment pursuant to subsection (1) does not constitute an acceptance of goods or impair the buyer’s right to inspect or any of his remedies.

§ 2-513. Buyer’s Right to Inspection of Goods.

(1) Unless otherwise agreed and subject to subsection (3), where goods are tendered or delivered or identified to the contract for sale, the buyer has a right before payment or acceptance to inspect them at any reasonable place and time and in any reasonable manner.  When the seller is required or authorized to send the goods to the buyer, the inspection may be after their arrival.

(2) Expenses of inspection must be borne by the buyer but may be recovered from the seller if the goods do not conform and are rejected.

(3) Unless otherwise agreed and subject to the provisions of this Article on C.I.F. contracts (subsection (3) of Section 2-321), the buyer is not entitled to inspect the goods before payment of the price when the contract provides

(a) for delivery “C.O.D.” or on other like terms;  or

(b) for payment against documents of title, except where such payment is due only after the goods are to become available for inspection.

(4) A place or method of inspection fixed by the parties is presumed to be exclusive but unless otherwise expressly agreed it does not postpone identification or shift the place for delivery or for passing the risk of loss.  If compliance becomes impossible, inspection shall be as provided in this section unless the place or method fixed was clearly intended as an indispensable condition failure of which avoids the contract.

§ 2-514. When Documents Deliverable on Acceptance;  When on Payment.

Unless otherwise agreed documents against which a draft is drawn are to be delivered to the drawee on acceptance of the draft if it is payable more than three days after presentment;  otherwise, only on payment.

§ 2-515. Preserving Evidence of Goods in Dispute.

In furtherance of the adjustment of any claim or dispute

(a) either party on reasonable notification to the other and for the purpose of ascertaining the facts and preserving evidence has the right to inspect, test and sample the goods including such of them as may be in the possession or control of the other;  and

(b) the parties may agree to a third party inspection or survey to determine the conformity or condition of the goods and may agree that the findings shall be binding upon them in any subsequent litigation or adjustment.

PART 6. BREACH, REPUDIATION AND EXCUSE [Table of Contents]

§ 2-601. Buyer’s Rights on Improper Delivery.

Subject to the provisions of this Article on breach in installment contracts (Section 2-612) and unless otherwise agreed under the sections on contractual limitations of remedy (Sections 2-718 and 2-719), if the goods or the tender of delivery fail in any respect to conform to the contract, the buyer may

(a) reject the whole;  or

(b) accept the whole;  or

(c) accept any commercial unit or units and reject the rest.

§ 2-602. Manner and Effect of Rightful Rejection.

(1) Rejection of goods must be within a reasonable time after their delivery or tender.  It is ineffective unless the buyer seasonably notifies the seller.

(2) Subject to the provisions of the two following sections on rejected goods (Sections 2-603 and 2-604),

(a) after rejection any exercise of ownership by the buyer with respect to any commercial unit is wrongful as against the seller;  and

(b) if the buyer has before rejection taken physical possession of goods in which he does not have a security interest under the provisions of this Article (subsection (3) of Section 2-711), he is under a duty after rejection to hold them with reasonable care at the seller’s disposition for a time sufficient to permit the seller to remove them;  but

(c) the buyer has no further obligations with regard to goods rightfully rejected.

(3) The seller’s rights with respect to goods wrongfully rejected are governed by the provisions of this Article on seller’s remedies in general (Section 2-703).

§ 2-603. Merchant Buyer’s Duties as to Rightfully Rejected Goods.

(1) Subject to any security interest in the buyer (subsection (3) of Section 2-711), when the seller has no agent or place of business at the market of rejection a merchant buyer is under a duty after rejection of goods in his possession or control to follow any reasonable instructions received from the seller with respect to the goods and in the absence of such instructions to make reasonable efforts to sell them for the seller’s account if they are perishable or threaten to decline in value speedily.  Instructions are not reasonable if on demand indemnity for expenses is not forthcoming.

(2) When the buyer sells goods under subsection (1), he is entitled to reimbursement from the seller or out of the proceeds for reasonable expenses of caring for and selling them, and if the expenses include no selling commission then to such commission as is usual in the trade or if there is none to a reasonable sum not exceeding ten per cent on the gross proceeds.

(3) In complying with this section the buyer is held only to good faith and good faith conduct hereunder is neither acceptance nor conversion nor the basis of an action for damages.

§ 2-604. Buyer’s Options as to Salvage of Rightfully Rejected Goods.

Subject to the provisions of the immediately preceding section on perishables if the seller gives no instructions within a reasonable time after notification of rejection the buyer may store the rejected goods for the seller’s account or reship them to him or resell them for the seller’s account with reimbursement as provided in the preceding section.  Such action is not acceptance or conversion.

§ 2-605. Waiver of Buyer’s Objections by Failure to Particularize.

(1) The buyer’s failure to state in connection with rejection a particular defect which is ascertainable by reasonable inspection precludes him from relying on the unstated defect to justify rejection or to establish breach

(a) where the seller could have cured it if stated seasonably;  or

(b) between merchants when the seller has after rejection made a request in writing for a full and final written statement of all defects on which the buyer proposes to rely.

(2) Payment against documents made without reservation of rights precludes recovery of the payment for defects apparent in the documents.

§ 2-606. What Constitutes Acceptance of Goods.

(1) Acceptance of goods occurs when the buyer

(a) after a reasonable opportunity to inspect the goods signifies to the seller that the goods are conforming or that he will take or retain them in spite of their non-conformity;  or

(b) fails to make an effective rejection (subsection (1) of Section 2-602), but such acceptance does not occur until the buyer has had a reasonable opportunity to inspect them;  or

(c) does any act inconsistent with the seller’s ownership;  but if such act is wrongful as against the seller it is an acceptance only if ratified by him.

(2) Acceptance of a part of any commercial unit is acceptance of that entire unit.

§ 2-607. Effect of Acceptance;  Notice of Breach;  Burden of Establishing Breach After Acceptance;  Notice of Claim or Litigation to Person Answerable Over.

(1) The buyer must pay at the contract rate for any goods accepted.

(2) Acceptance of goods by the buyer precludes rejection of the goods accepted and if made with knowledge of a non-conformity cannot be revoked because of it unless the acceptance was on the reasonable assumption that the non-conformity would be seasonably cured but acceptance does not of itself impair any other remedy provided by this Article for non-conformity.

(3) Where a tender has been accepted

(a) the buyer must within a reasonable time after he discovers or should have discovered any breach notify the seller of breach or be barred from any remedy;  and

(b) if the claim is one for infringement or the like (subsection (3) of Section 2-312) and the buyer is sued as a result of such a breach he must so notify the seller within a reasonable time after he receives notice of the litigation or be barred from any remedy over for liability established by the litigation.

(4) The burden is on the buyer to establish any breach with respect to the goods accepted.

(5) Where the buyer is sued for breach of a warranty or other obligation for which his seller is answerable over

(a) he may give his seller written notice of the litigation.  If the notice states that the seller may come in and defend and that if the seller does not do so he will be bound in any action against him by his buyer by any determination of fact common to the two litigations, then unless the seller after seasonable receipt of the notice does come in and defend he is so bound.

(b) if the claim is one for infringement or the like (subsection (3) of Section 2-312) the original seller may demand in writing that his buyer turn over to him control of the litigation including settlement or else be barred from any remedy over and if he also agrees to bear all expense and to satisfy any adverse judgment, then unless the buyer after seasonable receipt of the demand does turn over control the buyer is so barred.

(6) The provisions of subsections (3), (4) and (5) apply to any obligation of a buyer to hold the seller harmless against infringement or the like (subsection (3) of Section 2-312).

§ 2-608. Revocation of Acceptance in Whole or in Part.

(1) The buyer may revoke his acceptance of a lot or commercial unit whose non-conformity substantially impairs its value to him if he has accepted it

(a) on the reasonable assumption that its non-conformity would be cured and it has not been seasonably cured;  or

(b) without discovery of such non-conformity if his acceptance was reasonably induced either by the difficulty of discovery before acceptance or by the seller’s assurances.

(2) Revocation of acceptance must occur within a reasonable time after the buyer discovers or should have discovered the ground for it and before any substantial change in condition of the goods which is not caused by their own defects.  It is not effective until the buyer notifies the seller of it.

(3) A buyer who so revokes has the same rights and duties with regard to the goods involved as if he had rejected them.

(4) If a buyer uses the goods after a rightful rejection or justifiable revocation of acceptance, the following rules apply:

(a) Any use by the buyer that is unreasonable under the circumstances is wrongful as against the seller and is an acceptance only if ratified by the seller.

(b) Any use of the goods that is reasonable under the circumstances is not wrongful as against the seller and is not an acceptance, but in an appropriate case the buyer is obligated to the seller for the value of the use to the buyer.

 

§ 2-609. Right to Adequate Assurance of Performance.

(1) A contract for sale imposes an obligation on each party that the other’s expectation of receiving due performance will not be impaired.  When reasonable grounds for insecurity arise with respect to the performance of either party the other may in writing demand adequate assurance of due performance and until he receives such assurance may if commercially reasonable suspend any performance for which he has not already received the agreed return.

(2) Between merchants the reasonableness of grounds for insecurity and the adequacy of any assurance offered shall be determined according to commercial standards.

(3) Acceptance of any improper delivery or payment does not prejudice the aggrieved party’s right to demand adequate assurance of future performance.

(4) After receipt of a justified demand failure to provide within a reasonable time not exceeding thirty days such assurance of due performance as is adequate under the circumstances of the particular case is a repudiation of the contract.

§ 2-610. Anticipatory Repudiation.

When either party repudiates the contract with respect to a performance not yet due the loss of which will substantially impair the value of the contract to the other, the aggrieved party may

(a) for a commercially reasonable time await performance by the repudiating party;  or

(b) resort to any remedy for breach (Section 2-703 or Section 2-711), even though he has notified the repudiating party that he would await the latter’s performance and has urged retraction;  and

(c) in either case suspend his own performance or proceed in accordance with the provisions of this Article on the seller’s right to identify goods to the contract notwithstanding breach or to salvage unfinished goods (Section 2-704).

§ 2-611. Retraction of Anticipatory Repudiation.

(1) Until the repudiating party’s next performance is due he can retract his repudiation unless the aggrieved party has since the repudiation cancelled or materially changed his position or otherwise indicated that he considers the repudiation final.

(2) Retraction may be by any method which clearly indicates to the aggrieved party that the repudiating party intends to perform, but must include any assurance justifiably demanded under the provisions of this Article (Section 2-609).

(3) Retraction reinstates the repudiating party’s rights under the contract with due excuse and allowance to the aggrieved party for any delay occasioned by the repudiation.

§ 2-612. “Installment contract”;  Breach.

(1) An “installment contract” is one which requires or authorizes the delivery of goods in separate lots to be separately accepted, even though the contract contains a clause “each delivery is a separate contract” or its equivalent.

(2) The buyer may reject any installment which is non-conforming if the non-conformity substantially impairs the value of that installment and cannot be cured or if the non-conformity is a defect in the required documents;  but if the non-conformity does not fall within subsection (3) and the seller gives adequate assurance of its cure the buyer must accept that installment.

(3) Whenever non-conformity or default with respect to one or more installments substantially impairs the value of the whole contract there is a breach of the whole.  But the aggrieved party reinstates the contract if he accepts a non-conforming installment without seasonably notifying of cancellation or if he brings an action with respect only to past installments or demands performance as to future installments.

§ 2-613. Casualty to Identified Goods.

Where the contract requires for its performance goods identified when the contract is made, and the goods suffer casualty without fault of either party before the risk of loss passes to the buyer, or in a proper case under a “no arrival, no sale” term (Section 2-324) then

(a) if the loss is total the contract is avoided;  and

(b) if the loss is partial or the goods have so deteriorated as no longer to conform to the contract the buyer may nevertheless demand inspection and at his option either treat the contract as avoided or accept the goods with due allowance from the contract price for the deterioration or the deficiency in quantity but without further right against the seller.

§ 2-614. Substituted Performance.

(1) Where without fault of either party the agreed berthing, loading, or unloading facilities fail or an agreed type of carrier becomes unavailable or the agreed manner of delivery otherwise becomes commercially impracticable but a commercially reasonable substitute is available, such substitute performance must be tendered and accepted.

(2) If the agreed means or manner of payment fails because of domestic or foreign governmental regulation, the seller may withhold or stop delivery unless the buyer provides a means or manner of payment which is commercially a substantial equivalent.  If delivery has already been taken, payment by the means or in the manner provided by the regulation discharges the buyer’s obligation unless the regulation is discriminatory, oppressive or predatory.

§ 2-615. Excuse by Failure of Presupposed Conditions.

Except so far as a seller may have assumed a greater obligation and subject to the preceding section on substituted performance:

(a) Delay in delivery or non-delivery in whole or in part by a seller that complies with paragraphs (b) and (c) is not a breach of his duty under a contract for sale if performance as agreed has been made impracticable by the occurrence of a contingency the non-occurrence of which was a basic assumption on which the contract was made or by compliance in good faith with any applicable foreign or domestic governmental regulation or order whether or not it later proves to be invalid.

(b) Where the causes mentioned in paragraph (a) affect only a part of the seller’s capacity to perform, he must allocate production and deliveries among his customers but may at his option include regular customers not then under contract as well as his own requirements for further manufacture.  He may so allocate in any manner which is fair and reasonable.

(c) The seller must notify the buyer seasonably that there will be delay or non-delivery and, when allocation is required under paragraph (b), of the estimated quota thus made available for the buyer.

§ 2-616. Procedure on Notice Claiming Excuse.

(1) Where the buyer receives notification of a material or indefinite delay or an allocation justified under the preceding section he may by written notification to the seller as to any delivery concerned, and where the prospective deficiency substantially impairs the value of the whole contract under the provisions of this Article relating to breach of installment contracts (Section 2-612), then also as to the whole,

(a) terminate and thereby discharge any unexecuted portion of the contract;  or

(b) modify the contract by agreeing to take his available quota in substitution.

(2) If after receipt of such notification from the seller the buyer fails so to modify the contract within a reasonable time not exceeding thirty days the contract lapses with respect to any deliveries affected.

(3) The provisions of this section may not be negated by agreement except in so far as the seller has assumed a greater obligation under the preceding section.s

PART 7. REMEDIES [Table of Contents]

§ 2-701. Remedies for Breach of Collateral contracts Not Impaired.

Remedies for breach of any obligation or promise collateral or ancillary to a contract for sale are not impaired by the provisions of this Article.

§ 2-702. Seller’s Remedies on Discovery of Buyer’s Insolvency.

(1) Where the seller discovers the buyer to be insolvent he may refuse delivery except for cash including payment for all goods theretofore delivered under the contract, and stop delivery under this Article (Section 2-705).

(2) Where the seller discovers that the buyer has received goods on credit while insolvent, the seller may reclaim the goods upon demand made within a reasonable time after the buyer’s receipt of the goods. Except as provided in this subsection, the seller may not base a right to reclaim goods on the buyer’s fraudulent or innocent misrepresentation of solvency or of intent to pay.

(3) The seller‘s right to reclaim under subsection (2) is subject to the rights of a buyer in ordinary course of business or other good -faith purchaser for value under Section 2-403. Successful reclamation of goods excludes all other remedies with respect to them.

§ 2-703. Seller’s Remedies in General.

(1) A breach of contract by the buyer includes the buyer’s wrongful rejection or wrongful attempt to revoke acceptance of goods, wrongful failure to perform a contractual obligation, failure to make a payment when due, and repudiation.

(2) If the buyer is in breach of contract the seller, to the extent provided for by this Act or other law, may:

(a) withhold delivery of such goods;

(b) stop delivery of the goods under Section 2-705;

(c) proceed under Section 2-704 with respect to goods unidentified to the contract or unfinished;

(d) reclaim the goods under Section 2-507(2) or 2-702(2);

(e) require payment directly from the buyer under Section 2-325(c);

(f) cancel;

(g) resell and recover damages under Section 2-706;

(h) recover damages for non-acceptance or repudiation under (Section 2-708(1) or in a proper case the price (Section 2-709);

(j) recover the price under Section 2-709;

(k) obtain specific performance under Section 2-716;

(l) recover liquidated damages under Section 2-718;

(m) in other cases, recover damages in any manner that is reasonable under the circumstances.

(3) If the buyer becomes insolvent, the seller may:

(a) withhold delivery under Section 2-702(1);

(b) stop delivery of the goods under Section 2-705;

(c) reclaim the goods under Section 2-702(2).

§ 2-704. Seller’s Right to Identify Goods to the Contract Notwithstanding Breach or to Salvage Unfinished Goods.

(1) An aggrieved seller under the preceding section may

(a) identify to the contract conforming goods not already identified if at the time he learned of the breach they are in his possession or control;

(b) treat as the subject of resale goods which have demonstrably been intended for the particular contract even though those goods are unfinished.

(2) Where the goods are unfinished an aggrieved seller may in the exercise of reasonable commercial judgment for the purposes of avoiding loss and of effective realization either complete the manufacture and wholly identify the goods to the contract or cease manufacture and resell for scrap or salvage value or proceed in any other reasonable manner.

§ 2-705. Seller’s Stoppage of Delivery in Transit or Otherwise.

(1) The seller may stop delivery of goods in the possession of a carrier or other bailee when he discovers the buyer to be insolvent (Section 2-702) or if the buyer repudiates or fails to make a payment due before delivery or if for any other reason the seller has a right to withhold or reclaim the goods.

(2) As against such buyer the seller may stop delivery until

(a) receipt of the goods by the buyer;  or

(b) acknowledgment to the buyer by any bailee of the goods except a carrier that the bailee holds the goods for the buyer;  or

(c) such acknowledgment to the buyer by a carrier by reshipment or as a warehouse;  or

(d) negotiation to the buyer of any negotiable document of title covering the goods.

(3)(a) To stop delivery the seller must so notify as to enable the bailee by reasonable diligence to prevent delivery of the goods.

(b) After such notification the bailee must hold and deliver the goods according to the directions of the seller but the seller is liable to the bailee for any ensuing charges or damages.

(c) If a negotiable document of title has been issued for goods the bailee is not obliged to obey a notification to stop until surrender of possession or control of the document.

(d) A carrier that has issued a non-negotiable bill of lading is not obliged to obey a notification to stop received from a person other than the consignor.

§ 2-706. Seller’s Resale Including Contract for Resale.

(1) Under the conditions stated in Section 2-703 on seller’s remedies, the seller may resell the goods concerned or the undelivered balance thereof.  Where the resale is made in good faith and in a commercially reasonable manner the seller may recover the difference between the resale price and the contract price together with any incidental damages allowed under the provisions of this Article (Section 2-710), but less expenses saved in consequence of the buyer’s breach.

(2) Except as otherwise provided in subsection (3) or unless otherwise agreed resale may be at public or private sale including sale by way of one or more contracts to sell or of identification to an existing contract of the seller.  Sale may be as a unit or in parcels and at any time and place and on any terms but every aspect of the sale including the method, manner, time, place and terms must be commercially reasonable.  The resale must be reasonably identified as referring to the broken contract, but it is not necessary that the goods be in existence or that any or all of them have been identified to the contract before the breach.

(3) Where the resale is at private sale the seller must give the buyer reasonable notification of his intention to resell.

(4) Where the resale is at public sale

(a) only identified goods can be sold except where there is a recognized market for a public sale of futures in goods of the kind;  and

(b) it must be made at a usual place or market for public sale if one is reasonably available and except in the case of goods which are perishable or threaten to decline in value speedily the seller must give the buyer reasonable notice of the time and place of the resale;  and

(c) if the goods are not to be within the view of those attending the sale the notification of sale must state the place where the goods are located and provide for their reasonable inspection by prospective bidders;  and

(d) the seller may buy.

(5) A purchaser that buys in good faith at a resale takes the goods free of any rights of the original buyer even though the seller fails to comply with one or more of the requirements of this section.

(6) The seller is not accountable to the buyer for any profit made on any resale.  A person in the position of a seller (Section 2-707) or a buyer that has rightfully rejected or justifiably revoked acceptance must account for any excess over the amount of his security interest, as hereinafter defined (subsection (3) of Section 2-711).

§ 2-707. “Person in the Position of a Seller”.

(1) A “person in the position of a seller” includes as against a principal an agent that has paid or become responsible for the price of goods on behalf of his principal or anyone that otherwise holds a security interest or other right in goods similar to that of a seller.

(2) A person in the position of a seller has the same remedies as a seller under this Article.

§ 2-708. Seller’s Damages for Non-acceptance or Repudiation.

(1) Subject to subsection (2) and to Section 2-723:

(a) the measure of damages for nonacceptance by the buyer is the difference between the contract price and the market price at the time and place for tender together with any incidental or consequential damages provided in Section 2-710, but less expenses saved in consequence of the buyer’s breach; and

(b) the measure of damages for repudiation by the buyer is the difference between the contract price and the market price at the place for tender at the expiration of a commercially reasonable time after the seller learned of the repudiation, but no later than the time stated in paragraph (a), together with any incidental or consequential damages provided in Section 2-710, less expenses saved in consequence of the buyer’s breach.

(2) If the measure of damages provided in subsection (1) is inadequate to put the seller in as good a position as performance would have done then the measure of damages is the profit (including reasonable overhead) which the seller would have made from full performance by the buyer, together with any incidental damages provided in this Article (Section 2-710), due allowance for costs reasonably incurred and due credit for payments or proceeds of resale.

§ 2-709. Action for the Price.

(1) When the buyer fails to pay the price as it becomes due the seller may recover, together with any incidental damages under the next section, the price

(a) of goods accepted or of conforming goods lost or damaged within a commercially reasonable time after risk of their loss has passed to the buyer;  and

(b) of goods identified to the contract if the seller is unable after reasonable effort to resell them at a reasonable price or the circumstances reasonably indicate that such effort will be unavailing.

(2) Where the seller sues for the price he must hold for the buyer any goods which have been identified to the contract and are still in his control except that if resale becomes possible he may resell them at any time prior to the collection of the judgment.  The net proceeds of any such resale must be credited to the buyer and payment of the judgment entitles him to any goods not resold.

(3) After the buyer has wrongfully rejected or revoked acceptance of the goods or has failed to make a payment due or has repudiated (Section 2-610), a seller that is held not entitled to the price under this section shall nevertheless be awarded damages for non-acceptance under the preceding section.

§ 2-710. Seller’s Incidental Damages.

(1) Incidental damages to an aggrieved seller include any commercially reasonable charges, expenses or commissions incurred in stopping delivery, in the transportation, care and custody of goods after the buyer’s breach, in connection with return or resale of the goods or otherwise resulting from the breach.

(2) Consequential damages resulting from the buyer’s breach include any loss resulting from general or particular requirements and needs of which the buyer at the time of contracting had reason to know and which could not reasonably be prevented by resale or otherwise.

(3) In a consumer contract, a seller may not recover consequential damages from a consumer.

 

§ 2-711. Buyer’s Remedies in General;  Buyer’s Security Interest in Rejected Goods.

(1) A breach of contract by the seller includes the seller’s wrongful failure to deliver or to perform a contractual obligation, making of a nonconforming tender of delivery or performance, and repudiation.

(2) If the seller is in breach of contract under subsection (1), the buyer, to the extent provided for by this Act or other law, may:

(a) in the case of rightful cancellation, rightful rejection, or justifiable revocation of acceptance, recover so much of the price as has been paid;

(b) deduct damages from any part of the price still due under Section 2-717;

(c) cancel;

(d) cover and have damages under Section 2-712 as to all goods affected whether or not they have been identified to the contract;

(e) recover damages for nondelivery or repudiation under Section 2-713;

(f) recover damages for breach with regard to accepted goods or breach with regard to a remedial promise under Section 2-714;

(g) recover identified goods under Section 2-502;

(h) obtain specific performance or obtain the goods by replevin or similar remedy under Section 2-716;

(i) recover liquidated damages under Section 2-718;

(j) in other cases, recover damages in any manner that is reasonable under the circumstances.

(3) On rightful rejection or justifiable revocation of acceptance a buyer has a security interest in goods in his possession or control for any payments made on their price and any expenses reasonably incurred in their inspection, receipt, transportation, care and custody and may hold such goods and resell them in like manner as an aggrieved seller (Section 2-706).

§ 2-712. “Cover”;  Buyer’s Procurement of Substitute Goods.

(1) If the seller wrongfully fails to deliver or repudiates or the buyer rightfully rejects or justifiably revokes acceptance, the buyer may “cover” by making in good faith and without unreasonable delay any reasonable purchase of or contract to purchase goods in substitution for those due from the seller.

(2) The buyer may recover from the seller as damages the difference between the cost of cover and the contract price together with any incidental or consequential damages as hereinafter defined (Section 2-715), but less expenses saved in consequence of the seller’s breach.

(3) Failure of the buyer to effect cover within this section does not bar him from any other remedy.

§ 2-713. Buyer’s Damages for Non-delivery or Repudiation.

(1) Subject to Section 2-723, if the seller wrongfully fails to deliver or repudiates or the buyer rightfully rejects or justifiably revokes acceptance:

(a) the measure of damages in the case of wrongful failure to deliver by the seller or rightful rejection or justifiable revocation of acceptance by the buyer is the difference between the market price at the time for tender under the contract and the contract price together with any incidental or consequential damages under Section 2-715, but less expenses saved in consequence of the seller’s breach; and

(b) the measure of damages for repudiation by the seller is the difference between the market price at the expiration of a commercially reasonable time after the buyer learned of the repudiation, but no later than the time stated in paragraph (a), and the contract price together with any incidental or consequential damages provided in this Article (Section 2–715), less expenses saved in consequence of the seller’s breach.

(2) Market price is to be determined as of the place for tender or, in cases of rejection after arrival or revocation of acceptance, as of the place of arrival.

§ 2-714. Buyer’s Damages for Breach in Regard to Accepted Goods.

(1) Where the buyer has accepted goods and given notification (subsection (3) of Section 2-607) he may recover as damages for any non-conformity of tender the loss resulting in the ordinary course of events from the seller’s breach as determined in any manner which is reasonable.

(2) The measure of damages for breach of warranty is the difference at the time and place of acceptance between the value of the goods accepted and the value they would have had if they had been as warranted, unless special circumstances show proximate damages of a different amount.

(3) In a proper case any incidental and consequential damages under the next section may also be recovered.

§ 2-715. Buyer’s Incidental and Consequential Damages.

(1) Incidental damages resulting from the seller’s breach include expenses reasonably incurred in inspection, receipt, transportation and care and custody of goods rightfully rejected, any commercially reasonable charges, expenses or commissions in connection with effecting cover and any other reasonable expense incident to the delay or other breach.

(2) Consequential damages resulting from the seller’s breach include

(a) any loss resulting from general or particular requirements and needs of which the seller at the time of contracting had reason to know and which could not reasonably be prevented by cover or otherwise;  and

(b) injury to person or property proximately resulting from any breach of warranty.

§ 2-716. Buyer’s Right to Specific Performance or Replevin.

(1) Specific performance may be decreed if the goods are unique or in other proper circumstances. In a contract other than a consumer contract, specific performance may be decreed if the parties have agreed to that remedy. However, even if the parties agree to specific performance, specific performance may not be decreed if the breaching party’s sole remaining contractual obligation is the payment of money.

(2) The decree for specific performance may include such terms and conditions as to payment of the price, damages, or other relief as the court may deem just.

(3) The buyer has a right of replevin or similar remedy for goods identified to the contract if after reasonable effort the buyer is unable to effect cover for such goods or the circumstances reasonably indicate that such effort will be unavailing or if the goods have been shipped under reservation and satisfaction of the security interest in them has been made or tendered. 

(4) The buyer’s right under subsection (3) vests upon acquisition of a special property, even if the seller had not then repudiated or failed to deliver.

§ 2-717. Deduction of Damages From the Price.

The buyer on notifying the seller of his intention to do so may deduct all or any part of the damages resulting from any breach of the contract from any part of the price still due under the same contract.

§ 2-718. Liquidation or Limitation of Damages;  Deposits.

(1) Damages for breach by either party may be liquidated in the agreement but only at an amount which is reasonable in the light of the anticipated or actual harm caused by the breach, the difficulties of proof of loss, and the inconvenience or nonfeasibility of otherwise obtaining an adequate remedy. Section 2-719 determines the enforceability of a term that limits but does not liquidate damages.

(2) If the seller justifiably withholds delivery of goods or stops performance because of the buyer’s breach or insolvency, the buyer is entitled to restitution of any amount by which the sum of the buyer’s payments exceeds the amount to which the seller is entitled by virtue of terms liquidating the seller’s damages in accordance with subsection (1)

(a) the amount to which the seller is entitled by virtue of terms liquidating the seller’s damages in accordance with subsection (1), or

(b) in the absence of such terms, twenty per cent of the value of the total performance for which the buyer is obligated under the contract or $500, whichever is smaller.

(3) The buyer’s right to restitution under subsection (2) is subject to offset to the extent that the seller establishes:

(a) a right to recover damages under the provisions of this Article other than subsection (1), and

(b) the amount or value of any benefits received by the buyer directly or indirectly by reason of the contract.

(4) Where a seller has received payment in goods their reasonable value or the proceeds of their resale shall be treated as payments for the purposes of subsection (2);  but if the seller has notice of the buyer’s breach before reselling goods received in part performance, his resale is subject to the conditions laid down in this Article on resale by an aggrieved seller (Section 2-706).

§ 2-719. Contractual Modification or Limitation of Remedy.

(1) Subject to the provisions of subsections (2) and (3) of this section and of the preceding section on liquidation and limitation of damages,

(a) the agreement may provide for remedies in addition to or in substitution for those provided in this Article and may limit or alter the measure of damages recoverable under this Article, as by limiting the buyer’s remedies to return of the goods and repayment of the price or to repair and replacement of non-conforming goods or parts;  and

(b) resort to a remedy as provided is optional unless the remedy is expressly agreed to be exclusive, in which case it is the sole remedy.

(2) Where circumstances cause an exclusive or limited remedy to fail of its essential purpose, remedy may be had as provided in this Act.

(3) Consequential damages may be limited or excluded unless the limitation or exclusion is unconscionable.  Limitation of consequential damages for injury to the person in the case of consumer goods is prima facie unconscionable but limitation of damages where the loss is commercial is not.

§ 2-720. Effect of “Cancellation” or “Rescission” on Claims for Antecedent Breach.

Unless the contrary intention clearly appears, expressions of “cancellation” or “rescission” of the contract or the like shall not be construed as a renunciation or discharge of any claim in damages for an antecedent breach.

§ 2-721. Remedies for Fraud.

Remedies for material misrepresentation or fraud include all remedies available under this Article for non-fraudulent breach.  Neither rescission or a claim for rescission of the contract for sale nor rejection or return of the goods shall bar or be deemed inconsistent with a claim for damages or other remedy.

§ 2-722. Who Can Sue Third Parties for Injury to Goods.

Where a third party so deals with goods which have been identified to a contract for sale as to cause actionable injury to a party to that contract

(a) a right of action against the third party is in either party to the contract for sale that has title to or a security interest or a special property or an insurable interest in the goods;  and if the goods have been destroyed or converted a right of action is also in the party that either bore the risk of loss under the contract for sale or has since the injury assumed that risk as against the other;

(b) if at the time of the injury the party plaintiff did not bear the risk of loss as against the other party to the contract for sale and there is no arrangement between them for disposition of the recovery, his suit or settlement is, subject to his own interest, as a fiduciary for the other party to the contract;

(c) either party may with the consent of the other sue for the benefit of which it may concern.

§ 2-723. Proof of Market Price:  Time and Place.

(1) If evidence of a price prevailing at the times or places described in this Article is not readily available the price prevailing within any reasonable time before or after the time described or at any other place which in commercial judgment or under usage of trade would serve as a reasonable substitute for the one described may be used, making any proper allowance for the cost of transporting the goods to or from such other place.

(2) Evidence of a relevant price prevailing at a time or place other than the one described in this Article offered by one party is not admissible unless and until he has given the other party such notice as the court finds sufficient to prevent unfair surprise.

§ 2-724. Admissibility of Market Quotations.

Whenever the prevailing price or value of any goods regularly bought and sold in any established commodity market is in issue, reports in official publications or trade journals or in newspapers or periodicals of general circulation published as the reports of such market shall be admissible in evidence.  The circumstances of the preparation of such a report may be shown to affect its weight but not its admissibility.

§ 2-725. Statute of Limitations in Contracts for Sale.

(1) Except as otherwise provided in this section, an action for breach of any contract for sale must be commenced within the later of four years after the right of action has accrued under subsection (2) or (3) or one year after the breach was or should have been discovered, but no longer than five years after the right of action accrued. By the original agreement the parties may reduce the period of limitation to not less than one year but may not extend it. However, in a consumer contract, the period of limitation may not be reduced.

(2) Except as otherwise provided in subsection (3), the following rules apply:

(a) Except as otherwise provided in this subsection, a right of action for breach of a contract accrues when the breach occurs, even if the aggrieved party did not have knowledge of the breach.

(b) For breach of a contract by repudiation, a right of action accrues at the earlier of when the aggrieved party elects to treat the repudiation as a breach or when a commercially reasonable time for awaiting performance has expired.

(c) For breach of a remedial promise, a right of action accrues when the remedial promise is not performed when performance is due.

(d) In an action by a buyer against a person that is answerable over to the buyer for a claim asserted against the buyer, the buyer’s right of action against the person answerable over accrues at the time the claim was originally asserted against the buyer.

(3) If a breach of a warranty arising under Section 2-312, 2-313(2), 2-314, or 2-315, or a breach of an obligation, other than a remedial promise, arising under Section 2-313A or 2-313B, is claimed, the following rules apply:

(a) Except as otherwise provided in paragraph (c), a right of action for breach of a warranty arising under Section 2-313(2), 2-314, or 2-315 accrues when the seller has tendered delivery to the immediate buyer, as defined in Section 2-313, and has completed performance of any agreed installation or assembly of the goods.

(b) Except as otherwise provided in paragraph (c), a right of action for breach of an obligation, other than a remedial promise, arising under Section 2-313A or 2-313B accrues when the remote purchaser, as defined in Section 2-313A or 2-313B, receives the goods.

(c) If a warranty arising under Section 2-313(2) or an obligation, other than a remedial promise, arising under Section 2-313A or 2-313B explicitly extends to future performance of the goods and discovery of the breach must await the time for performance, the right of action accrues when the immediate buyer as defined in Section 2-313 or the remote purchaser as defined in Section 2-313A or 2-313B discovers or should have discovered the breach.

(d) A right of action for breach of warranty arising under Section 2-312 accrues when the aggrieved party discovers or should have discovered the breach. However, an action for breach of the warranty of noninfringement may not be commenced more than six years after tender of delivery of the goods to the aggrieved party.

(4) Where an action commenced within the time limited by subsection (1) is so terminated as to leave available a remedy by another action for the same breach such other action may be commenced after the expiration of the time limited and within six months after the termination of the first action unless the termination resulted from voluntary discontinuance or from dismissal for failure or neglect to prosecute.

(5) This section does not alter the law on tolling of the statute of limitations nor does it apply to causes of action which have accrued before this Act becomes effective.

© Copyright 2005 by The American Law Institute and the National Conference of Commissioners on Uniform State Laws; reproduced, published and distributed with the permission of the Permanent Editorial Board for the Uniform Commercial Code for the limited purposes of study, teaching, and academic research.

 

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Irish Blessing

      

 
 Irish Luck – Remember to  send it back!

I want this back. It  DOES work.

His name was Fleming, and  he was a poor Scottish farmer. One day, while  trying to make a living for his family, he heard  a cry for help coming from a nearby bog. He  dropped his tools

and ran to the  bog.

There, mired to his waist in black  muck, was a terrified boy, screaming and  struggling to free himself. Farmer Fleming saved  the lad from what could have been a slow and  terrifying death.

The next  day, a fancy carriage pulled up to the  Scotsman’s sparse surroundings. An elegantly  dressed nobleman stepped out and introduced  himself as the father of the boy Farmer Fleming  had saved.

‘I want to repay  you,’ said the nobleman. ‘You saved my son’s  life.’

‘No, I can’t accept  payment for what I did,’ the Scottish farmer  replied waving off the offer. At that moment,  the farmer’s own son came to the door of the  family hovel.

‘Is that your  son?’ the nobleman  asked.

‘Yes,’ the farmer  replied proudly.

‘I’ll make  you a deal. Let me provide him with the level of  education my own son will enjoy If the lad is  anything like his father, he’ll no doubt grow to  be a man we both will be proud of.’ And that he  did.

Farmer Fleming’s son attended the  very best schools and in time, graduated from  St. Mary’s Hospital Medical School in London,  and went on to become known throughout the world  as the noted Sir Alexander Fleming, the  discoverer of  Penicillin.

Years afterward,  the same nobleman’s son who was saved from the  bog was stricken with pneumonia.

What  saved his life this time?  Penicillin.

The name of the nobleman?  Lord Randolph Churchill .. His son’s  name?

Sir Winston  Churchill.

Someone once said: What  goes around comes around.

Work like  you don’t need the money.

Love like  you’ve never been hurt.

Dance like  nobody’s watching.

Sing like nobody’s  listening.

Live like it’s Heaven on  Earth.

It’s National Friendship Week Send  this to everyone you consider A  FRIEND.

Pass this on, and brighten some  ones day.

AN IRISH FRIENDSHIP WISH:

I hope it works…

May  there always be work for your hands to  do;

May your purse always hold a coin or  two;

May the sun always shine on your  windowpane;

May a rainbow be certain to  follow each rain;

May the hand of a  friend always be near you;
May God fill your  heart with gladness to cheer you.

and may  you be in heaven a half hour before the devil  knows you’re dead.

OK, this is what you  have to do…. Send this to all of your  friends.

But – you HAVE to send this  within 1 hour from when you open  it!

Now…..Make A wish!! I hope you made  your wish!

Now then, if you send  to:

1 person — your wish will be  granted in 1 year
3 people — 6  months

5 people — 3 months

6  people — 1 month

7 people — 2  weeks

8 people — 1 week

9 people  — 5 days

10 people — 3 days

12  people — 2 days

15 people — 1  day

20 people — 3 hours

If you  delete this after you read it, you will have 1  year of bad luck!

But, if you send it to  2 of your friends, you will automatically have 3  years good luck!!! 

 


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