Glossary entry (derived from question below)
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."
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 | Nick Somers (X) |
3 +1 | fulfillment | JeffFish (X) |
4 | not for points since I agree with Jeff | Ingrid Blank |
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.
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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
--------------------------------------------------
Note added at 13 hrs 42 mins (2005-03-05 07:15:48 GMT)
--------------------------------------------------
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.
|
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..."
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,......
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,......
Discussion