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He brings this putative class action on behalf of himself and the general public of the District of Columbia, under the private attorney general provision of the District of Columbia Consumer Protection Procedures Act CPPA. Deoleo moves to dismiss Fahey's suit for of two reasons, first because Fahey has failed to plead facts that could give rise to a right to relief and second because a settlement in a separate class action suit involving similar claims precludes this one.

The District of Columbia Consumer Protection Procedures Act makes it unlawful to engage in an unfair or deceptive trade practice, whether or not any consumer is in fact misled, deceived, or damaged thereby. Illustrative unfair or deceptive practices include representing that goods or services have characteristics, ingredients, uses, benefits, or quantities that they do not have and representing that goods or services are of a particular standard, quality, grade, style or model, if in fact they are of another.

On Deoleo's motion to dismiss, therefore, the question is whether Fahey has alleged facts that support an inference that the particular bottle of Bertolli EVOO he purchased in April contained something other than extra virgin olive oil. The Court concludes that he has not. Despite the complaint's lengthy catalog of the olive oil industry's purported scandals, Fahey marshals but one fact to substantiate his claim that this defendant deceptively mislabeled the bottle of extra virgin olive Fahey purchased in the results of a study on olive oil quality by the University of California, Davis.

This meager factual content is not enough for the court to draw the reasonable inference that Deoleo is liable for the misconduct alleged. As it sees things, the Court would have to indulge at least three major and dubious assumptions to draw the inference Fahey asks for here: one methodological, one temporal, and one geographic.

Start with the methodological assumption: is there good reason to think the methods used in the UC Davis study can support general conclusions about the quality of Bertolli olive oil? Not really. The sample size was small only three bottles of Bertolli EVOO were tested and none of them came from the same lot, which is the testing protocol called for by the United States Department of Agriculture.

As Deoleo points out, olive oil is not a mass produced plastic object, but a living, breathing organic product that is produced in individual lots with slight variations between the lots. What is more, the results were inconclusive. The Bertolli EVOO samples satisfied the chemical criteria needed to be considered extra virgin but a taste test concluded the samples were merely virgin.

Yet taste tests, by their nature, are subjective; that is why the international body that establishes olive oil quality standards the very same standards used in the UC Davis study concluded that the UC Davis study should have convened a new panel of testers to verify the impression of the first.

In sum, to hold that Fahey has pled facts that suggest a plausible right to relief would require the Court to entertain not one, not two, but all three of these assumptions. Unconvinced that any single one of them is warranted, the Court will grant Deoleo's motion to dismiss.

Willcox -- tinglima wilsav. Kirtland -- matthew. Civil Action No. Brandi Salls brings a putative class action challenging the practice of Digital Federal Credit Union and DOES 1 through to charge overdraft fees when members accounts have sufficient funds to cover the transactions. Breach of Contract When an agreement between the parties is contained in more than one document, the separate documents must be read together to effectuate the intentions of the parties.

Here, although the Agreements are separate, they are arguably linked with respect to an account holder's overdraft protection. Because the Plaintiff has not laid out any facts supporting the inference that the agreements should not be construed together even though they are arguably linked with respect to overdraft protection, The Court will consider the overdraft agreement in the context of the Account Agreement for the purposes of this motion.

Members opt in to the Defendant's overdraft service by checking a box on their checking and savings account application. The Opt In Agreement is accompanied by an overdraft disclosure form. The disclosure provides, in relevant part: "An overdraft occurs when you do not have enough money in your account to cover the transaction, but we pay it anyway. The Defendant argues that these passages clearly demonstrate that the overdraft service utilizes members' available balance.

The Defendant next contends that available balance' is a well-known banking term that has long been understood to mean the money in an account minus holds placed on funds to account for uncollected deposits and for pending debit transactions. Finally, the Defendant argues that The Funds Availability Policy in the Account Agreement provides explicit guidance for members of various scenarios in which funds will not be immediately available.

For two reasons the Defendant's argument fails. First, the Defendant did not properly define available balance and its meaning is therefore ambiguous. The Plaintiff contends that her account balance was artificially low not only because there was a hold placed on deposits into her account but also because the Defendant subtracted pending transactions from the ledger balance.

Indeed, this is how the Defendant calculates available balance. Nowhere, however, does the Funds Availability Policy mention this second scenario or clarify how it might affect a member's balance. Instead, the Funds Availability Policy only explains how there may be a delay on funds coming into a member's account. Despite not sufficiently defining the term, Defendant argues that available balance nonetheless a well-known term that reasonable members would understand.

The Court finds, however, that the meaning of the term as used in the Account Agreement is ambiguous. Indeed, several courts, have found similar contractual arraignments ambiguous when they used the term available balance. Second, even if it was clear that the Defendant subtracted pending transactions to calculate available balance, neither of the Account Agreement sections pertaining to over-drafting nor the Opt In Agreement refer members to the Funds Availability Policy to find explanations of how their balance is calculated for purposes of overdrafts.

Likewise, the Funds Availability policy makes no reference of how it might be related to overdrafts. Thus, it is not at all clear that Defendant would use the available balance when determining if an account was overdrawn even if that term were defined adequately. Therefore, the Court finds that the Plaintiff has plausibly argued that the contracts, even when construed together, are ambiguous as to whether they use the available balance method to determine whether an account has been overdrafted.

This ambiguity presents a factual dispute not appropriate for resolution on this motion. Accordingly, the Plaintiff's breach of contract claim survives the Defendant's motion to dismiss. Breach of the Implied Covenant of Good Faith and Fair Dealing Under Massachusetts law, a plaintiff states a claim for breach of the covenant of good faith and fair dealing when one party violates the reasonable expectations of the other.

For the reasons stated above, the Court finds that a reasonable person could have construed the contracts to mean that Defendant would use the ledger balance method when calculating overdrafting fees. Thus, Plaintiff plausibly states a claim that her reasonable expectations were violated, and that Defendant therefore breached the implied covenant.

Unjust Enrichment and Money Had and Received The Defendant argues that because a contractual relationship exists, there can be no claims for unjust enrichment and money had and received. The Defendant is correct that Massachusetts law does not allow litigants to override an express contract by arguing unjust enrichment. Here, the Plaintiff asserts that she entered into binding contracts with Defendant and uses the same theories to support both her breach of contract and equitable claims.

The Plaintiff does not allege that the Defendant was enriched because it received a benefit outside the scope of the contracts between the parties. Rather, the Plaintiff alleges that the benefit was conferred upon the Defendant because it breached the contract.

As such, the Plaintiffs equitable claims must fail. Regulation E provides, in relevant part: "A financial institution shall not assess a fee or charge on a consumer's account for paying an ATM or one-time debit card transaction pursuant to the institution's overdraft service, unless the institution: i Provides the consumer with a notice in writing, or if the consumer agrees, electronically, segregated from all other information, describing the institution's overdraft service; ii Provides a reasonable opportunity for the consumer to affirmatively consent, or opt in, to the service for ATM and one-time debit card transactions; iii Obtains the consumer's affirmative consent, or opt-in, to the institution's payment of ATM or one-time debit card transactions; and iv Provides the consumer with confirmation of the consumer's consent in writing, or if the consumer agrees electronically, which includes a statement informing the consumer of the right to revoke such consent.

The Defendant contends that when read in conjunction with the Agreement, the Opt-In Agreement sufficiently and accurately describes Defendant's policies. For the reasons stated above in the context of the breach of contract claim, the language Defendant uses is ambiguous. Therefore, the Court do not find that enough money accurately describes Defendant's policy of using the available balance method such that a member could meaningfully provide affirmative consent. Financial institutions are protected from liability under EFTA for any failure to make disclosure in proper form if a financial institution utilized an appropriate model clause issued by the Bureau or the Board.

The Defendant relies on Tims v. The court in that case found that the safe harbor provision applied because enough money could mean either balance calculation method. Therefore, the court held that LGE cannot be said to have explicitly misled the Plaintiff or inaccurately described its overdraft program. The only thing LGE can be said to be guilty of is a lack of precision.

The Court agrees that the reasoning in Tims is unpersuasive and hold that the safe harbor does not protect Defendant from liability in this case. Individual and class actions for damages for failure to comply with the EFTA may be brought "within one year from the date of the occurrence of the violation. According to Plaintiff, she was wrongly charged overdraft fees on December 18, , December 19, , and upon information and belief at least one other time within twelve months of filing her complaint on June 15, None of the Circuit Courts have directly addressed this issue.

It covers gaskets, piston rings, pistons, cylinder liners and oil seals to name a few. S olar energy, with the use of ever-evolving new technologies, is today one of the most important renewable energy sources, with inexhaustible potential. It is a solution to combat global warming, and a solution for viable alternatives, especially in countries with significant energy needs.

In , Augustin Mouchot was the first in history to build a solarpowered engine. But the cost was huge. The fall in coal prices on the other hand meant that this fossil fuel would dominate for almost two centuries. But in recent years, a revolution has occurred. Technological development has been such that, for the first time in history, renewable energy sources are becoming not just competitive with polluting fuels but also cheaper.

In connection with anti-carbon policies, which dramatically increase the cost, wind power, but especially solar energy, have finally found their way into the global energy mix. With a strong in-house engineering capability, global scope and unmatched responsiveness, METKA EGN designs and delivers high quality projects for its clients world-wide.

The company designed and implemented a grid connected PV plant with associated Overhead Line OHL infrastructure to inject produced power directly into the local grid. More specifically, 7. A leader in proximity detection systems, Booyco Electronics strategically employs its fully trained technicians at locations that ensure consistent levels of support as well as a rapid response in the case of unplanned downtime at mining operations.

Graeme Jardine, general manager field service at the company says that its six well-resourced branches allow support teams to reach customers quickly with the right components. Having qualified Booyco Electronics technicians on site allows for close and constant monitoring of equipment, ensuring the best performance with minimal downtime.

According to Richard Botton, managing director, the MW unit is among the biggest in South Africa with a core diameter measuring 5m, a core length of 3,2m and a rotor mass of tn. Freetown International Airport at Lungi is currently accessible only by boat or helicopter and is separated from the capital by the nearly five km wide mouth of the Rokel river. The idea of the bridge was settled on, but the government has been deterred from starting because of its capital cost, which is equal to about half of its GDP.

President Bio however, believes it will be feasible using the public—private model. That simply does not make economic sense. Five European and Asian companies have already expressed an interest in the scheme. The agreement covers programmes to the value of 80 million euros roughly 1. The funding for the three projects under this agreement is provided by KfW Development Bank. The completion of this road will give full functionality to the freeway, especially in view of the realisation of the new port facility in Walvis Bay.

Facebook is working on plans to install an underwater cable, known as Simba, that would encircle Africa, similar to sea cable projects carried out in Europe and Asia, according to media reports. These two major moves of deploying highcapacity fiber-optic cables will improve connectivity and make internet costs cheaper, allowing tens of millions of people to come online.

Africa recorded the highest growth in internet use globally from 2. The merger will create a powerhouse in sales for container handling and cranes in South Africa. Southern Africa presents the opportunity to continue this growth and is a demonstration of Hyva interest in investing in this area. Botswana is set to benefit from the large coal deposits in the country that are poised to boost the railway infrastructure development around the country.

Meekaeel Siphambili reports. It is widely reported that mean global temperatures have been increasing since , due to the accumulation of greenhouse gases in the atmosphere. The main causes are the burning of fossil fuels to meet increasing energy demand.

But the proposed Botswana railway line infrastructure owes its new development projects to the large deposits of fossil fuel, especially coal. It is mandated to provide transportation 38 of goods and passengers within Botswana, efficiently, safely and cost-effectively, along sound commercial lines.

The amendment of the act provides BR with the ability to form joint ventures with subsidiary companies and to exploit other business opportunities. The current Botswana Railways infrastructure is a total network of km with km being the mainline from the Zimbabwean border of Ramokgwebana to the South African border of Ramatlabama. The country has branch lines, totalling km. The Sua Pan Line is km long and used for the ferrying of soda ash.

The project benefits are said to be an alternative route into South Africa from Botswana Railway line, which is a single line with a capacity of 4. This is the shortest gateway to the South African ports for the coal market.

He says all feasibility studies for the railway project are still underway and the tender for the projects are in progress. The other railway line development projects include the Mosetse-Kazungula rail line, which provides a link from Mosetse in Botswana to Zambia and the rest of Africa via the Kazungula bridge, which is still under construction and due to be completed soon.

The construction work has been awarded to Daewoo Engineering and Construction Company. The railway line will connect the North African region to maritime ports in South Africa and reduce the www. This line will also be an opportunity to boost the tourism industry and will likely accommodate tourist trains. The Ponte Techobanine rail line project encompasses the Botswana, Zimbabwe and Mozambique governments and is said to create an alternative route to the deep sea port of Techobanine in Mozambique.

It will help Botswana to transport its coal resources to the Mozambique port. The first km to Rutenga is a new line while the rest of the line is an upgrade to a heavy haul line. The Botswana Railways will also construct a rolling stock maintenance and refurbishment facility. The purpose of the 34, m2 facility is to undertake ongoing maintenance, repairs as well refurbishment programmes for rolling stock.

The project is also aimed to help eliminate the maintenance backlog. Botswana Railways is said to be drawing up a business case for the project. It is a gateway to North African markets, promoting interregional trade. It will reduce haulage traffic on the roads.

Image Credit: Botswana Railways 2. More than billion tonnes of coal deposits are found in Botswana. The project aims to link these coal deposits to South African heavy haul lines in the Limpopo Province. Ponte Techobanine rail line The missing link will start from Selibe Phikwe in Botswana and connect Rutenga in Zimbabwe and proceed to Techobanine through the Chicualacuala line. The Botswana, Zimbabwe and Mozambique governments want to create a route to the deep seaport of Techobanine.

The existing and proposed rail routes between Botswana, Zimbabwe and Mozambique. This calls for tough and robust equipment to perform the most arduous of tasks, extracting the diamonds, gold and other vital commodities before refining and processing work. Longevity is vital in this challenging environment. Some three decades after supplying one of its cranes to a mine in North West Province, Condra Cranes has been asked by the mine owner to replace what had become an integral part of the mining operation.

The new machine is due to be delivered by the end of August, and includes a host of new improvements gleaned from a further 30 years of research and experience in the field. Long-travel speed over the 42m of the tankhouse is 80m per minute. Tankhouse crane The original crane was installed at Middelkraal Farm refinery in , where it lifted and positioned copper plates and slabs within the acid tanks used during the electrolytic refining process.

During this final phase, anodic copper slabs with a 99 per cent purity attained during three prior processes are suspended by the crane in large tanks filled with an electrolyte solution of copper sulphate and sulphuric acid. Small, thin sheets of pure cathodic copper are then positioned between these anodes and an electric current applied.

Copper ions leave the anodic slabs www. Kleiner said the new crane will incorporate other improvements too. These include four LED girder downlights to illuminate the work area, remote crane control with a pendant back-up, an electrical control panel fitted with acid filtration ventilation to cater for the corrosive tankhouse environment, and a special paint finish for the same reason.

These are usually large machines with wide spans and high lifting heights. This is not the case with the Condra grabbing crane installed in February at the railhead serving the iron ore mine. This finely-engineered doublegirder electric overhead travelling grabbing crane is a relatively small machine with a capacity of 1.

Condra has previously manufactured much bigger grabbing www. But the Sishen project called for a high degree of operational precision, resulting in the need for low-tolerance engineering of the crane clamshell grab so that it can move smoothly in and out of the railway cars.

Working speeds are quick for the short distances involved. Cross-travel speed is 16m per minute for the 7. Long travel speed is 32m per minute for a gantry length of just 20m. Hoist speed is 6. The crane works within the relatively tight travel and lift dimensions available.

There is a second, bigger digital scale read-out on the crane itself, to transmit grab load status at a glance when not reading the remote control. Dessing says it is not always feasible to provide solid wall barriers to counter UV radiation and weld splatter, due to cost as well as practicality, particularly in confined spaces.

Manufactured from a specially formulated PVC material which extensive SABS tests have proved to be far superior to conventional materials, the Apex Welding and Safety Screens come in various configurations to suit a variety of individual requirements. One of the most important design characteristics of the Apex Welding and Safety Screen is the patented Balledge design on individual strips, which facilitates easy access for personnel and equipment to cordoned-off areas.

The screens absorb, scatter and filter the light spectrum to create a safer working environment for the welder and any co-workers and supervisors in the immediate vicinity. Tested by the SABS for ultra-violet transmittance, conventional materials gave readings of 0. Tests for total visible light transmittance demonstrated incontestably that conventional materials permit 78 per cent while Apex material allowed only The airend features a robust shaft seal system, to stop oil leaking from the housing.

The latest additions to the CompAir L-Series range include a new intake filter, further improving pressure drop, and an improved oil separator, specially designed for quick and easy servicing. All models are offered with a completely new airend, featuring a larger-sized inlet and outlet to help improve airflow and reduce pressure drop. Gardner Denver is so confident in the capabilities of its new airend technology that it is supported by the CompAir Assure warranty, which covers the airend for up to 10 years or 44, hours.

Furthermore, the new airend comes with a newly patented oil regulation valve, which balances oil and the discharge temperature according to environmental conditions. This removes the risk of condensate and, as a result, corrosion. The CompAir L-Series range. For more information on Gardner Denver, visit www.

Developed in France in the s by road construction specialists Colas, EME has been applied locally by National Asphalt, with great success. According to Dave Bennett, general manager at National Asphalt, the first official paving trial was done on South Coast Road the high-wear road into the Port of Durban. Work began in May and construction was completed in March The team moved off site at the end of May. The training centre has been constructed to include both technical and nontechnical training facilities.

Using a hard grade of bitumen, EME imparts a high stiffness and structural strength to the pavement. Alternatively, EME asphalts of the same thickness have a lifespan of 5 to 10 times that of regular asphalt. In spite of its inherent stiffness, EME binder has very good workability and compactability. This means that no specialised production method is required, however attention to detail during the paving operation is extremely important and only experienced contractors should install EME as there is no room for error.

No two pump rental applications are alike, and it is this understanding that has positioned Integrated Pump Rental as one of the leading pump rental operations in South Africa. Managing director, Lee Vine, says that some dewatering applications are simple plug-and-play operations where access to electric power is not an issue, but others, especially in remote or difficult to reach areas, require the use of diesel driven pump sets.

Vine says these include dewatering on construction and infrastructure projects in built-up areas as well as in the wastewater treatment sector. The pumps are simple to install and operate, and offer reliable pumping even under challenging conditions. This enables end-users to dewater effectively in areas that are difficult to reach. Marelli Motori S. Rossi S. Parker Plant Ltd.

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