Glossary entry

German term or phrase:

Erfüllung

English translation:

performance

Added to glossary by Dr Andrew Read
Mar 4, 2005 17:33
19 yrs ago
5 viewers *
German term

Erfüllung

German to English Law/Patents Law: Contract(s)
In my Austrian conditions of purchase, again.

Am I right to understand and translate this as "fulfilment of order". I had a slight worry as I have seen "Erfüllung" translated as "repayment" in some contexts.

Here's the sentence and my translation afterwards:
"Die Zahlung bedeutet keine Anerkennung der Ordnungsmäßigkeit der Leistungen und Lieferungen und damit keinen Verzicht des Auftraggebers auf *Erfüllung*, Gewährleistung, Schadenersatz, Vertragsstrafen, etc."

"Payment of an invoice does not signify that the Customer accepts that the services have been provided or goods delivered correctly and may not therefore be used as grounds to prevent the Customer from seeking fulfilment of the order, fulfilment of warranty conditions, damages, penalties for breach of contract, etc."
Proposed translations (English)
2 +3 due performance
3 +1 fulfillment
4 not for points since I agree with Jeff

Discussion

Nick Somers (X) Mar 5, 2005:
I've added a note to my suggestion.
Ingrid Blank Mar 4, 2005:
Yes, I think Nick is right, performance is correct here
Non-ProZ.com Mar 4, 2005:
@Nick Somers Taking into account Ingrid's comment, would it be good to express the whole thing as "may not therefore be construed as a waiver of [OR "as waiving"] due performance, guarantee claims, compensation, contractual penalties, etc." thanks, all for your help so far.

Proposed translations

+3
1 min
German term (edited): Erf�llung (here)
Selected

due performance

but I'm not too sure

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Note added at 3 mins (2005-03-04 17:37:03 GMT)
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I\'d say \"waiving due performance, guarantee claims, compensation, contractual penalties, etc.\"

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Note added at 4 mins (2005-03-04 17:38:26 GMT)
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or warranty or damages, whatever

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Note added at 13 hrs 42 mins (2005-03-05 07:15:48 GMT)
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As it\'s a contract, it needs to be tightened up. There are a number of ways of doing it. Here\'s one suggestion. Perhaps others can improve on it.

Payment does not signify that Customer acknowledges correct provision of goods and services and that it thereby waives the right to due performance, warranty claims, compensation, contractual penalties, etc.

In contracts, I tend to leave out the definite article with Customer and Supplier. You have to imagine them being replaced by the name of a company. And of course they\'re \"it\" unless they are a named persons. I\'m sure you know this but I thought I\'d mention it anyway.
Peer comment(s):

agree Ian M-H (X) : performance, with or without "due", is what I'd use in British English
4 mins
agree roneill : performance is what came to mind for me too
10 mins
agree Terry Moran : Just "performance" is fine - no need for "due". What other sort of performance is there?
17 hrs
The idea is of performance as it should be rather than substandard. But I'm open to suggestion.
Something went wrong...
4 KudoZ points awarded for this answer. Comment: "Yes, this was certainly the best option and fits in with "Erfüllungsort" = "place of performance" as well. thanks also for suggesting rearrangement of sentence - agree with all of it, except that it's more and more common in modern British practice to keep the definite article as in "the Customer", "the Supplier", etc., though the Americans still seem to leave it out."
+1
3 mins
German term (edited): Erf�llung (here)

fulfillment

rephrase as "fulfillment, warranty, damages, penalties..."
Peer comment(s):

agree Ulrike Walpert : my first thought, too
6 mins
Something went wrong...
27 mins

not for points since I agree with Jeff

just a suggestion:
instead of saying "and may therefore not be used as grounds......" I would rather say:
and may not be construed as a waiver of fulfillment, warranty,......
Something went wrong...
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