Glossary entry

Dutch term or phrase:

had moeten vaststellen

English translation:

reformulate as: should have been discovered

Added to glossary by Kitty Brussaard
Oct 8, 2009 15:49
14 yrs ago
Dutch term

had moeten vaststellen

Non-PRO Dutch to English Law/Patents Law: Contract(s)
This comes from warranty information for a bicycle:

"De koper die zich wil beroepen op de garantie moet de verkoper schriftelijk verwittigen binnen de kortst mogelijke tijd vanaf het ogenblik waarop de koper de gebreken vaststelt of ze had moeten vaststellen."

So far I have:

"Purchasers wishing to claim under the warranty must notify the seller in writing as soon as possible after becoming aware of the defect or..."

As I understand it, the last part is something along the lines of "ought to have become aware of the defect". However, this indicates to me that you haven't actually noticed the defect and, if you haven't noticed it, how can you then inform the seller?

Is there a standard phrase that covers this situation in English? Or am I missing the point somewhere?
Change log

Oct 9, 2009 08:11: Buck changed "Level" from "PRO" to "Non-PRO"

Oct 13, 2009 08:30: Kitty Brussaard Created KOG entry

Votes to reclassify question as PRO/non-PRO:

PRO (2): Ron Willems, Kitty Brussaard

Non-PRO (3): writeaway, philgoddard, Buck

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Proposed translations

+5
5 hrs
Selected

reformulate as: should have been discovered (see below)

Perhaps you should consider reformulating the latter part of your sentence. A common formulation seems to be: Purchaser(s)/Buyer(s) (...) must notify the company/seller within x days (in your case: as soon as possible) after the date (within the warranty period) on which the defect is/was discovered or should have been discovered.
See also the examples below.

Buyer shall promptly inspect all Products upon delivery. No claims for shortages will be allowed unless reported to the Seller within 10 days of delivery. No other claims against Seller will be allowed unless asserted in writing within 60 days after delivery or, in the case of an alleged breach of warranty, within 30 days after the date within the warranty period on which the defect is or should have been discovered by Buyer.
http://www.chomerics.com/salesterms/index.html

This warranty is applicable only to claims made in writing and received by Seller within 30 days after the defect was discovered or should have been discovered and within a period of fifteen (15) months from the date of shipment of the product by Seller.
http://www.warrenelectriccorp.com/terms.../default.asp

Peer comment(s):

agree Chris Hopley
9 hrs
Thanks Chris :-)
agree André Linsen
9 hrs
Bedankt :-)
agree Michael Beijer
15 hrs
Bedankt :-)
agree Marijke Singer
2 days 9 hrs
Thanks Marijke!
agree Ron Willems : mooi en duidelijk weer. it's beyond me waarom dit nou weer non-PRO zou moeten wezen, maar ja...
4 days
Bedankt Ron!
Something went wrong...
4 KudoZ points awarded for this answer. Comment: "Thank you for the suggestion and the references. It was all very useful!"
6 mins

should have noticed

it's exactly like you said.

this indeed implies that you can't claim anything if you didn't notice an obvious defect within a certain amount of time.
Something went wrong...
23 mins

should have ascertained

-

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Note added at 18 hrs (2009-10-09 10:41:26 GMT)
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http://www.google.com/url?sa=t&source=web&ct=res&cd=1&url=ht...

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Note added at 20 hrs (2009-10-09 12:49:37 GMT)
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I would be curious to see why exactly 'ascertained' is incorrect here. Leaving aside the Danishness of my source, what is the problem precisely?
Example sentence:

The Customer must notify Coca-Cola immediately and in writing if the Customer ascertains or should have acertained defects in the Product, (...)

Peer comment(s):

neutral writeaway : can you post the Coca-cola 'ascertain a defect' URL? it's certainly not the usual terminology........ /Danish. I rest my case ;-)
14 hrs
http://tinyurl.com/ygp4v6t
Something went wrong...
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