Delayed Performance


Delayed performance will always justify a claim of damage where it can be shown that loss was occasioned by the delay. Most courts hold, however, that delayed performance will not be a material breach justifying rescission unless performance by a certain date is a condition precedent in the contract. If the late performer has any reasonable excuse for delay, the courts may allow damages but will seldom agree to rescission.

In agreements for the sale of marketable merchandise, however, a contract calling for shipment or other performance within a designated time is generally held to be a condition precedent. The difference between merchandise contracts and other contracts is in the position of the injured parties. A delay of a week in obtaining possession of a new home would not likely be crucial to the average home buyer. But a merchant’s success depends on the prompt delivery of goods to customers. Often advertising and sales programs are scheduled around specific delivery dates. Consequently, a delay in the shipment of merchandise is usually held to be a material breach.

Delay cannot be tolerated indefinitely in any kind of contract, however. After the passage of a reasonable time without performance the courts will permit rescission in almost any kind of contract. What is a reasonable time will vary with the type of agreement and all the surrounding circumstances. If no date is specified in the agreement, the courts interpret this to mean that performance must be done within a reasonable time. When time is of great importance, the contract should always be drafted to read that “time is definitely of the essence in the performance of this contract.”

In a bilateral contract, the injured party cannot regard the other party as being in default until the injured party has offered to perform. In legal circles, this offer by the injured party is called a tender. Depending on the terms of the contract, the tender must be either an offer to pay or an offer to perform a service.

My Consultancy–Asif J. Mir – Management Consultant–transforms organizations where people have the freedom to be creative, a place that brings out the best in everybody–an open, fair place where people have a sense that what they do matters. For details please visit www.asifjmir.com, and my Lectures.

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The Master Plan


Many people assume that a formal business plan is only for big time businesses. Wrong. A business plan is for anyone who wants to give their enterprise their best possible shot. It is where you detail out all the operational, marketing, and money matters of your business. It is, in essence, a road map. With it, you will better be able to reach your goal. Without it, you run the risk of spending precious time and money traveling in circles or unwittingly wandering into danger zones.

In response to the question, what a business plan is, follow the following”

  • A business plan is written by the home-based business owner with outside help as needed.
  • It is accurate and concise as a result of careful study.
  • It explains how the business will function in the marketplace.
  • It clearly depicts its operational characteristics.
  • It details how it will be financed.
  • It outlines how it will be managed.
  • It is the management and financial “blueprint” for startup and profitable operation.
  • It serves as a prospectus for potential investors and lenders.

A study for “why” of creating it, note:

  • The process of putting the business plan together, including the thought that you put in before writing it, forces you to take the objective, critical, unemotional look at your entire business proposal.
  • The finished written plan is an operational tool, which, when properly used, will help you manage your business and work toward its success.
  • The complete business plan is a means for communicating your ideas to others and provides the basis for financing your business.

While you are to be the author of the document, you shouldn’t hesitate to get professional help when it comes to areas outside your ken, such as accounting, insurance, capital requirements, operational forecasting, and tax and legal requirements. Finally, in response to the question, “When should Business Plan be used?” note:

  • To make crucial startup decisions
  • To reassure lenders and backers
  • To measure operational progress
  • To test planning assumptions
  • As a basis for adjusting forecasts
  • To anticipate ongoing capital and cash requirements
  • As the benchmark for good operational management

If you have been doing your research and homework all along, you probably have most of the raw material for the business plan, so it won’t be such an awesome task.

Business plans differ greatly, depending on the nature and scope of the enterprise. Some elements a person in a retail sales business would need in his or her business plan may be totally irrelevant for your service business. Similarly, business plans vary in length—from five or six pages or a virtual booklet; some are written in an engaging narrative style while others take another approach—just the facts. However, while business plans may differ in style, tone, length, and components, there is some common ground. Below is a list of items that should be in almost every business plan:

  • A summary of the nature of your business and its principal activity with a detailed description of the product(s) or service(s) you will offer.
  • A statement as to the form your business will take (sole proprietorship, partnership, incorporation) and how it will be managed and operated (with information on employees or subcontractors if applicable).
  • A discussion of any extra-ordinary (and potentially problematic) matters revolving around such things as space requirements, production processes, and operating procedures.
  • A discussion of major trends in your trade or profession.
  • A discussion of your competition and the basis on which you will compete.
  • A description of your target market that might include a profile of a typical customer or client.
  • A discussion of your plans for pricing, sales terms, and distribution.
  • A discussion of how you intend to advertise and promote your products or services.
  • A detailed statement of startup and operating costs for at least the first year.
  • A discussion of how your business will be financed.
  • Profit and loss and cash flow statements for at least the first year of business.

If this list has made a business plan seem all the more scary and arduous a task, don’t panic. There are books on the market that will guide you through the process.

A clean attractive business plan is a sine qua non if you will be applying for a loan or looking for investors. But even if the document is for your eyes only, you owe it to yourself to produce a professional-looking document. Since it is your road map, the neater it is the better it will serve you when you refer to it at various stages of your entrepreneurial journey.

My Consultancy–Asif J. Mir – Management Consultant–transforms organizations where people have the freedom to be creative, a place that brings out the best in everybody–an open, fair place where people have a sense that what they do matters. For details please visit www.asifjmir.com, and my Lectures.

Principles of Quality Management


Vision-based:

  • Vision will give a sense of direction.
  • Vision will motivate human resource.
  • Vision will help the organization to stay focused.
  • Without vision an organization will fail.
  • Absence of vision will lead to confusion.

 Customer-focused:

  • Open economy has given away monopoly. It is buyer’s market which is in existence now.
  • Without customers no business can exist.
  • Internal customer orientation will improve productivity.
  • One dissatisfied customer can create havoc by unprecedented actions.
  • Retention of customer is the key issue in business.

 Prevention oriented:

  • Prevention is better than cure is a well acknowledged phrase.
  • Prevention orientation will take one nearer to ‘Zero Defects’ status.
  • Foolproof prevention techniques such as ‘Poka Yoka’ are available.
  • Corrective approach calls for costly monitoring mechanism.
  • Correction does not stop recurrence.

 Scientifically approached:

  • Scientific methods are based on fundamental or derived laws of mathematics and science and hence the foundation is strong.
  • Scientific methods are well proved over the years and hence chances of going wrong is remote.
  • Use of scientific methods gives a sense of pride and improves the self esteem of workers.
  • Unscientific methods make one ti depend on the previous experience, which may bot be appropriate.
  • Logical reasoning which may not always be appropriate is avoided in scientific methods.

 Process given more importance than end results:

  • End does not justify means.
  • Proper means will ensure quality result.
  • Zero defect is possible only if the processes are perfect.
  • Process orientation will make workers more responsible.
  • Result orientation will end up with huge los as all the defects are to be rejected.

 Data-based analysis:

  • Data-based approach will always give the best insight to the problem and solution.
  • Information-based or knowledge-based approach may mislead at all times.
  • Data collection is a strenous process; however the returns will be higher.
  • In many situations the raw data themselves will provide solutions to problems or at least provide useful clues.
  • Data collected and documented for one specific purpose, can well be used for some other purpose, thus providing a databank or multiple applications.

 Continuous improvement strategies

  • No one at any point of time can say that ‘Perfection’ has been achieved. Even six sigma companies talk about 3 ppm defects. Hence there is always scope for improvement in everything. Quality improvement is a never ending process.
  • The world has become so competitive that dynamism should reflect in every facet of business, even in product development.
  • Crativity and innovation are the order of the day in business circles.
  • Established tools such as ‘benchmarking’ are available for continuous improvement.
  • Improved products will have a cutting edge in the market.

 Cost conscious attempt:

  • ROI (Return on Investment) is the performance index for any business enterprise.
  • The visible quality costs are like the tip of the iceberg. There are plenty of hidden  costs that go unnoticed.
  • Quality is free, meaning poor quality costs can be offset by good quality profit margin.
  • Affordability is the key factor for customers and profit margin is the key factor for manufacturers.
  • Prevention which could be done with $1 is missed, the failure/defects due to that will cost the company $10. the cost ratios are so high.

 Documentation for traceability

  • Stakeholders ae assured of the quality through documentation.
  • Traceability is effective and easy with documented information.
  • Documentation will amount to standardization.
  • To err is human; documentation helps in curbing human errors.
  • Role clarity is ascertained which reduces workplace confusion.

 Reward/Recognition assured

  • Recognition is one thing that every human being long for.
  • Motivation is the key factor for sustaining quality initiatives.
  • Rewards may be helpful in motivating non-performers to join quality initiators.
  • Disinterest in the job being done is the main culprit for low productivity and poor quality.
  • Human component plays a major role as compared to system component in quality initiatives.

 My Consultancy–Asif J. Mir – Management Consultant–transforms organizations where people have the freedom to be creative, a place that brings out the best in everybody–an open, fair place where people have a sense that what they do matters. For details please visit www.asifjmir.com, Line of Sight

Increasing your Sociability


The ability to meet new people and feel comfortable on social situations can be important to. If you have difficulty in social situations, you may want to deverlop your social skills. The following suggestions can help:

  • Over the next month, set goals to take the initiative in forming social contacts, particularly in informal settings. For example, you might set goals related to speaking up more often, attending more social events, or meeting new people at these functions. Make an effort to become more involved.
  • Broaden your circle of acquaintainces. Introduce yourself to people you have wanted to meet but were too busy or too shy to talk to. Consider setting a goal to become acquainted with a certain number of people per week.
  • Learn more about each of your acquaintances’ onterests. This is especially helpful if you have difficulty thinking of things to talk about: other people’s interests often provide excellent opportunities for small talk.

 Don’t expect to become comfortable in social situations immediately; changes like this don’t happen overnight. As time passes, however, you will find that you are beginning to enjoy social situations more and that they have become less threatening.

 

My Consultancy–Asif J. Mir – Management Consultant–transforms organizations where people have the freedom to be creative, a place that brings out the best in everybody–an open, fair place where people have a sense that what they do matters. For details please visit www.asifjmir.com, Line of Sight

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