By simply replanting a merchantable piece of lumber, you're making a complex ecosystem a lot more simplistic, and it's just not good for it.
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Selling the lifestyle constituted to a brand that made high priced, $98 yoga pants merchantable.
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Unmerchantable trees plus the limbs and tops of merchantable trees were piled at roadside landings for disposal by open burning.
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There are small stands of conifers, mixed wood and pure aspen in the area, but most of the timber is not merchantable.
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Systematic review of yield responses of four North American conifers to forest tree improvement practices. For. Ecol. Manage. 172:29–51. systematic review of yield responses of white spruce and 3 other North American conifers to forest tree improvement practices indicated that correct provenance-progeny selection could yield juvenile height growth gains of about 12% at 20 years for white spruce, and a corresponding merchantable productivity (mean annual merchantable volume increment) gain of 26% at 50 years for plantations established at nominal initial densities on medium-to-good quality sites. Also, preliminary estimates derived from individual case studies indicated that first generational selection strategies for white spruce could increase merchantable productivity by approximately 20% at 45 years.
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The first step in even aged timber management is to select a suitable stand for harvest. Trees must be of merchantable size, a desirable species, and in an area accessible to harvesting equipment. Once selected, the stand is harvested (usually using feller-bunchers, skidders, and processors). Merchantable trees (trees with boles large enough to be sold to a mill) are harvested and processed whereas unmerchantable trees (trees that are too small or of an undesirable species) are either crushed by machinery or cut to make equipment movement easier.
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This is to ensure that a sale in a self-service store is considered sale by description, and that the sale is therefore covered by other provisions.Carr (1973) p.523 Section 3 covers the "merchantable quality" of goods.
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Pure stands of nutmeg hickory probably do not exist, and no volume figures are available. Logs and lumber from merchantable nutmeg hickory are sold mixed with other hickories. Rooting Habit- Nutmeg hickory has a strongly developed taproot, especially on well-drained soil.
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A > license to sell a widely used merchantable chattel must be as to prospective > purchasers…a transfer of the patentee's entire right to sell; it cannot — as > to noncontracting parties — restrict the use of ordinary articles of > purchase bought in the open market.
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Generally, one or two times precommercial thinning is done to facilitate the growth of the tree The yield of merchantable wood can be greatly increased and the rotation shortened by precommercial thinning.Day, M.W. 1967. Pre-commercial thinning in conifers with silvicides. Michigan State Univ.
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13 p. In west-central Alberta, he felled, measured, and weighed 60 white spruce, graphed (a) slash weight per merchantable unit volume against diameter at breast height (dbh), and (b) weight of fine slash (<1.27 cm) also against dbh, and produced a table of slash weight and size distribution on one acre of a hypothetical stand of white spruce. When the diameter distribution of a stand is unknown, an estimate of slash weight and size distribution can be obtained from average stand diameter, number of trees per unit area, and merchantable cubic foot volume. The sample trees in Kiil's study had full symmetrical crowns.
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13 p. In west- central Alberta, he felled, measured, and weighed 60 white spruce, graphed (a) slash weight per merchantable unit volume against diameter at breast height (dbh), and (b) weight of fine slash (<1.27 cm) also against dbh, and produced a table of slash weight and size distribution on one acre of a hypothetical stand of white spruce. When the diameter distribution of a stand is unknown, an estimate of slash weight and size distribution can be obtained from average stand diameter, number of trees per unit area, and merchantable cubic foot volume. The sample trees in Kiil's study had full symmetrical crowns.
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Harungana madagasacariensis can be used in various ways. For example, H. madagasacariensis is a source of firewood and is used in the production of charcoal. The tree is not used commercially because it rarely grows to merchantable size. However, people sometimes use the light wood to make poles for building houses.
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Spacings up to 10 × 10 feet (3.05 m × 3.03 m) were subsequently included in the study. Yield tables based on 50 years of data showed: :a) Except for merchantable volumes at age 20 and site classes 50 and 60, closer spacings gave greater standing volumes at all ages than did wider spacings, the relative difference decreasing with age. :b) Merchantable volume as a proportion of total volume increases with age, and is greater at wider than at closer spacings. :c) Current annual volume increment culminates sooner at closer than at wider spacings. A smaller espacement trial, begun in 1951 near Thunder Bay, Ontario, included white spruce at spacings of 1.8 m, 2.7 m, and 3.6 m.[OMNR] Ontario Ministry of Natural Resources. 1989.
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Many insect species are known to be destructive to tamaracks. The non-indigenous larch sawfly is the most destructive. Epidemics occur periodically across Canada and the northern United States and have caused tremendous losses of merchantable tamarack throughout most of the tree's range. Indications are that radial increment declines markedly after 4 to 6 years of outbreak.
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Tree height is measured to a merchantable top, the point at which a tree can be accepted for use by a sawmill. This point can be reached either by defects (extreme sweep, crook, deviating branching, or other defects) or at a diameter limit for very straight trees. A common cutoff is diameter, which is acceptable for pulpwood.
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However, most of the merchantable mockernut grows on moderately fertile upland soils. Mockernut hickory grows primarily on ultisols occurring on an estimated 65% of its range, including much of the southern to northeastern United States.U.S. Department of Agriculture, Soil Conservation Service 1975. Soil taxonomy: a basic system of soil classification for making and interpreting soil surveys.
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Cherrybark oak usually has a relatively branch-free merchantable bole in contrast with other bottomland red oaks such as water and willow oak. Because of its good form and quality, cherrybark is regarded as one of the best red oaks. The wood is heavy, hard, and coarse grained. It is used for interior finishing, veneer, general construction, furniture, and cabinets.
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Spacing can be used to obtain any of a wide range of forest management objectives, but it is especially undertaken to reduce density and control stocking in young stands and prevent stagnation, and to shorten the rotation, i.e., to speed the production of trees of a given size. Volume growth of individual trees and the merchantable growth of stands are increased.Hermelin, J. 1991.
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Sprouts grow three or four times faster than seedlings during the first year or two. Even on poorly drained clay soil, first-year sprouts sometimes are tall. Sprouts tall at 5 years have been reported. Sapling and pole stages to maturity Growth and yield- Water hickory on a good site may reach tall and in diameter, with about of merchantable bole.
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Merchantable title and marketable title are synonymous terms. In the absence of an agreement to the contrary, there is an implied undertaking in the contract that the vendor (person selling the property) has a marketable title. The contract typically provides that on failure of a vendor to deliver good and marketable title, the vendee (buyer) may rescind the contract and recover any deposit.
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The region is generally lightly timbered. This is not due to the climate, which is not unfavorable to tree growth, but to frequent and persistent fires. The merchantable timber in the reserve consists mainly of western larch, red fir, spruce and yellow pine. The entire stand of timber within the reserve estimating it upon the basis of the present practice in cutting is only 300 million feet.
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This was in an era when changing his underwear only once a week was "the ordinary custom of ordinary people". The skin irritation got worse and developed into a severe case of dermatitis. Dr Grant blamed the underwear and sued John Martin & Co. for breach of contract, being the statutory warranties that the goods were fit for the purpose and were of merchantable quality. s 14.
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For the most part, this development followed World War I throughout Northern Ontario. At that same time, returning soldiers came to this area looking for work. The first mill at Gogama was established in 1919, when W.H. Poupore contracted with the Harris Tie and Timber to supply the CNR with sawn ties. The mill produced all types of merchantable timber, but specialized in tie blocks.
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Binta Lake Fire was a lightning-caused wildfire in Southeast of Burns Lake, British Columbia that started on Wednesday, July 28, 2010, and lasted for more than a month. It was the largest fire in the province in 2010. The fire burned a total area of 400 square kilometers (99,000 acres). The fire caused thick smoke in surrounding areas, evacuation orders in the region, and damaged merchantable timber.
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At the time it was America's largest lumber company, employing 1,200 men, using over 20 barges and four two-masted schooners, and at its peak supporting a community of over 3,000 people. The H. Weston Lumber Company operated in Logtown until 1930. By then, all of the usable and merchantable lumber had been exhausted, and the town population rapidly declined, along with its industrial importance. By 1961, there were about 250 residents.
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The stick is held upright, with the back edge of the stick facing the user. The back edge of the stick will be marked with 1, 2, 3, 4, and 5 log markings, indicating the number of logs in a tree. The bottom of the stick should line up with the bottom of the tree's trunk. The height of the tree is how high the tree goes up on the stick to a merchantable top.
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In forestry, high grading, also sometimes referred to as selective logging, is a selective type of timber harvesting that removes the highest grade of timber (i.e. the most merchantable stems) in an area of forest. It is sometimes described by the phrase “cut the best and leave the rest”, and should not be confused with selection cutting. Over time, high grading gives rise to forest stands containing stems of lower timber quality.
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The Honey Recourse Loan Program was a program authorized by the emergency provisions of the fiscal year (FY) 1999 United States Department of Agriculture (USDA) appropriations act (P.L. 105-277) that made recourse loans based on a national average rate of $0.56 per pound on 1998-crop honey. Final date to obtain a loan was May 7, 1999. The producer-owned honey was required to be merchantable and stored in acceptable containers.
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It does, however, require hot summers for good growth. When planted in locales with the cool summers of oceanic climates, growth is healthy but very slow; some specimens in northeastern England have only grown to 4–5 m tall in 50 yearsTree Register of the British Isles and do not produce cones. One of the oldest specimens in Europe was planted in the 1900s in the Arboretum de Pézanin in Burgundy, France. Bald cypress has great merchantable yields.
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With the exception of defects that are pointed out to the consumer, or which the consumer should easily have been able to see, sellers are expected to provide goods of "merchantable quality". This is defined as goods "fit for the purpose or purposes for which goods of that kind are commonly bought as it is reasonable to expect having regard to any description applied to them, the price (if relevant) and all the other circumstances".Carr (1973) p.
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To be "merchantable", the goods must reasonably conform to an ordinary buyer's expectations, i.e., they are what they say they are. For example, a fruit that looks and smells good but has hidden defects would violate the implied warranty of merchantability if its quality does not meet the standards for such fruit "as passes ordinarily in the trade". In Massachusetts consumer protection law, it is illegal to disclaim this warranty on household goods sold to consumers.
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Amstrad PPC 512 portable PC Amstrad's second generation of PCs, the PC2000 series, were launched in 1989. However, due to a problem with the Seagate ST277R hard disk shipped with the PC2386 model, these had to be recalled and fitted with Western Digital controllers. Amstrad later successfully sued Seagate, but following bad press over the hard disk problems, Amstrad lost its lead in the European PC market.Computer Contracts - Merchantable Quality in Hardware Contracts - Amstrad plc v.
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The stem canker (Nectria galligena) produces depressed areas with concentric bark rings that develop on the trunk and branches. Affected trees are sometimes eliminated through breakage or competition and sometimes live to reach merchantable size with cull section at the canker. No special control measures are required, but cankered trees should be harvested in stand improvement operations. A gall- forming fungus species of Phomopsis can produce warty excrescences ranging from small twig galls to very large trunk burls on northern hickories and oaks.
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The log scaler is an occupation in the timber industry. The Log Scaler measures the cut trees to determine the scale (volume) and quality (grade) of the wood to be used for manufacturing. When logs are sold, in order to determine the basis for a sale price in a standard way, the logs are "scaled" which means they are measured, identified as to species, and deductions for defects assigned to produce a net volume of merchantable wood. There are several different scales or rules that are used to determine the volume of wood.
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In the early development of forest stand, density of trees remain high and there is competition among trees for nutrients. When natural regeneration or artificial seeding has resulted in dense, overstocked young stands, natural thinning will in most cases eventually reduce stocking to more silviculturally desirable levels. But by the time some trees reach merchantable size, others will be overmature and defective, and others will still be unmerchantable. To reduce this unbalance and to obtain more economic returns, in the early stage, one kind of cleaning is done which is known as precommercial thinning.
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The quality of the goods sold must be satisfactory (prior to 1994, this provision required 'merchantable' quality; this requirement has been retained in most Commonwealth versions of the Act). The Act provides an objective test to determine satisfactory quality; the standard that a reasonable person would regard as satisfactory, taking into account the price, description and any other relevant factors.s 14(2A), as added by the Sale of Goods Act 1994 s 1. The courts have identified certain factors that may raise or lower the expectation of satisfaction.
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In the United States, the requirement for an implied warranty of merchantability is found in . The warranty applies to merchants, as defined by , as opposed to casual sellers. As proscribed by , goods are merchantable if they meet the following conditions: If the merchandise is sold with an express "guarantee," the terms of the implied warranty of merchantability fills the gaps left by that guarantee. If the terms of the express guarantee are not specified, they will be considered to be the terms of the implied warranty of merchantability.
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Graham, et al., 15. Jan Van Wagtendonk, a biologist at the Yellowstone Field Station, claims that Wildfire itself is "the most effective treatment for reducing a fire's rate of spread, fireline intensity, flame length, and heat per unit of area."van Wagtendonk (1996), 1164 While other people claim that controlled burns and a policy of allowing some wildfires to burn is the cheapest method and an ecologically appropriate policy for many forests, they tend not to take into account the economic value of resources that are consumed by the fire, especially merchantable timber.
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Top height and DBH are calculated for each stem and used in a taper function to calculate total and individual gross and merchantable volumes. Snags and logs are created in the model from natural stand self- thinning (mainly due to light competition) and from different types of user- defined disturbance events such as insect/disease-induced mortality, windthrow, non-commercial thinning and stand harvesting. Snag fall rates and log-decomposition are simulated using species-specific and tree-size-specific decay parameters derived from the literature, expert opinion, or field measurements.
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The entire fleet has now re-entered service, although with a restriction not to run single unit (3 car) operations. In December 2008 train operator Connex commenced proceedings in the Supreme Court to claim damages from Siemens. Connex claims Siemens provided trains with a braking system that was "defective, faulty and inadequate", the trains being "not fit for their purpose" and were not of "merchantable quality". In March 2009, it was reported that three Siemens Nexas trains had been impounded due to new braking incidents in the week prior.
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The Cold Lake Settlement was established north of Cold Lake, adjoining Primrose Lake, with an additional fishing station on the north shore of Cold Lake. With considerable areas of muskeg and stony ridges impeding agriculture, a 1941 report of the Alberta Bureau of Public Welfare recorded no settlers having taken residence in the area. However, merchantable timber and fish were both present in abundance, so the settlement was retained to provide resources for the nearby Elizabeth and Fishing Lake settlements. Today, most of the inland portion of the former Cold Lake Settlement is occupied by the Cold Lake 149C Indian Reserve.
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Within this lower quality forest, martens must spend more energy to defend a larger area in order to have the resources necessary, but still have increased risk of predation and lower foraging success in these stands. Clear- cut size is determined by the economic logistic constrains including road accessibility, topography and the areas of mature timber. Typically cutting will harvest all merchantable timber, near 1000 ha, leaving small stands as residuals. Adjacent areas are harvested during the next successive years, and adding in the new roads, the area of clear-cuts over time is very large.
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Dudd wrote to his father, then in London, informing him of his success, desiring him to immediately seek a patent from King James. Dudley's patent, dated 22 February 1622, was taken out by (and in the name of) his father Edward, Lord Dudley. Dudley proceeded with the manufacture of iron at Pensnett, and Cradley in Staffordshire, and a year after the patent was granted he was able to send a considerable quantity of the new iron for trial to the Tower of London. Under the King's command, many experiments were made with it: its qualities were fairly tested, and it was pronounced "good merchantable iron".
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"[W]hile it is conceded that merchantable ware can be made without its use, still the advantages of using it are so great that as a commercial proposition the ware cannot be made without it."191 F. at 187–88. As Wayman stated the facts: > The manufacturers using the process in use prior to Arrott's invention were > unable to successfully compete with those using the Arrott invention, and, > moreover, produced a disproportionate number of defective, unsightly, and > substantially unsalable articles. The consumer was deceived and defrauded, > and the use of sanitary enameled ironware lessened and its reputation > depreciated by defective articles being palmed off on the consumer as not > defective.See 226 U.S. 35–37.
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The extent to which buyers are protected varies from jurisdiction to jurisdiction, but the following are usually present: #the hirer will be allowed to enjoy quiet possession of the goods, i.e. no-one will interfere with the hirer's possession during the term of this contract #the owner will be able to pass title to, or ownership of, the goods when the contract requires it #that the goods are of merchantable quality and fit for their purpose, save that exclusion clauses may, to a greater or lesser extent, limit the Finance Company's liability #where the goods are let by reference to a description or to a sample, what is actually supplied must correspond with the description and the sample.
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Early in the 20th century, many timber companies had the philosophy of cut out and get outThe Encyclopedia of Arkansas History and Culture (Timber Industry) Retrieved 2013-11-20—a logging technique that removed all merchantable trees and left a barren landscape. In contrast, the Great Southern Lumber Company was one of the pioneers in reforestation in the South and established a tree nursery that grew pine seedlings for restocking their cutover lands. Great Southern foresters began planting the company's cutover land with slash pine (Pinus elliottii) seedlings, because they grew faster than the virgin longleaf pines. However, that effort did not begin soon enough to establish second-growth pines as a source of lumber to feed the giant mill before the virgin timber was exhausted.
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Justice Black dissented. As he perceived it, and considered of great importance, the tubes that all licensees made were fungible, interchangeable articles of commerce, which the Transformer Company was authorized to manufacture. Once they left the manufacturing licensee's hands, who sold them to General Talking Pictures, they passed outside the patent monopoly: > The patent statute which permits a patentee to “make, use and vend” confers > no power to fix and restrict the uses to which a merchantable commodity can > be put after it has been bought in the open market from one who was granted > authority to manufacture and sell it. Neither the right to make, nor the > right to use, nor the right to sell a chattel, includes the right …to > control the use of the same chattel by another who has purchased it.
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Other discussions took place, concerning the future of the works, between the bank, the N.S.W Government, and the firm of G & C Hoskins, and a plan was formulated, without Sandford's involvement. There was, however, public pressure to ensure that Sandford's pioneering role in the industry was recognised by ensuring he was not ruined financially. Left with little choice, on 19 December 1907, Sandford reluctantly accepted the offer from G & C Hoskins to take over his enterprise. Summing up his position he stated, " I have only the satisfaction of knowing that the object of my life has been attained, and I have demonstrated that good merchantable pig iron can be made from the Australian raw materials". The Eskbank Ironworks and its near new blast furnace were taken over by the Hoskins Brothers (G & C Hoskins) in 1908.
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The implied conditions are as to title (s 53 of the ACL, formerly s 69 of the TPA), quiet possession, freedom from encumbrances, fitness for purpose (s 55 of the ACL, formerly s 71 of the TPA), supply by description or sample (s 56, s 57) and that the goods are of acceptable quality (s 54 of the ACL, formerly s 66 of the TPA, which used the term "merchantable quality"). As a caveat, where the consumer guarantees are not that of title, undisturbed possession or undisclosed securities, they only apply if the goods or services in question are supplied in trade or commerce. The most important of these to a consumer is likely to be acceptable quality. If goods or services fail to reach a basic level of quality (considering the price of the goods/services) – that is they are defective, break, or do not do what they should do – then the ACL has been breached.
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She experienced at the same time a change of views in regard to the propriety of that branch of literature which she had adopted -romantic fiction- and finally, after a few more efforts, some of which were never published, she resolved to end writing in this form, though it had been her favorite pursuit. In 1841, appeared the "Rencontre", a short story, embracing revolutionary incidents. Of this story, Mr. Thompson, the editor of the Augusta Mirror, remarked as follows:—“The ‘Rencontre’ is of that class of literary productions which we prize above all other orders of fiction. Illustrative as it is of our own history, descriptive of our own peculiar scenery, and abounding in sound reflections and truly elevated sentiment, we hold it worth volumes of the mawkish romance and sickly sentimentality which has of late become a merchantable commodity with a great portion of the literary world.” About this time appeared also some smaller pieces, both in prose and verse.
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