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even if ... has been advised

English translation: even if the company has been aware of the possibility...

15:19 Mar 29, 2007
English language (monolingual) [PRO]
Bus/Financial - Business/Commerce (general) / warranty
English term or phrase: even if ... has been advised
XXX COMPANY SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE OR DATA (WHETHER DIRECT OR INDIRECT) OR COMMERCIAL LOSS FOR BREACH OF ANY EXPRESS OR IMPLIED WARRANTY ON YOUR PRODUCT ***EVEN IF XXX COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES***.

Please explain, is there active or passive voice and why "even"?
I can imagine, for example, a manufaturer company wants to be fair and advises (active voice) of possible damages, but notes in the same time that it should not be considered as taking of responsibility.
But, in the case of passive voice, who is supposed to advise the company of possibility of damages? If it is a customer, then the situation is strange. Why buy then? If one knows about possible damages , he or she is responsible for those risks, or?
Vitali Stanisheuski
Belarus
Local time: 00:09
Selected answer:even if the company has been aware of the possibility...
Explanation:
What they are saying is that the Company is not going to assume responsibility for any damages even in cases when they have known that certain damages may arise.

I am selling you this book. I may know that some people, after reading it, may go mad and start running around yelling and biting innocent bystanders. However, I am not going to assume any responsibility if this happens to you or anybody else who might borrow the book from you.

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Note added at 49 mins (2007-03-29 16:09:02 GMT)
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"Has been adviced" basically means "has been informed". The phrase doesn't try to specify whether the information came from outside the company or from one of the company's empoyees or even owners. Therefore, for all practical purposes, except some legal hair-splitting, "has been adviced" (here) is the same as "has known". I do, however, agree with Buck, that the standard wording should used. I wasn't trying to suggest any re-phrasing but just to explain the meaning.
Selected response from:

Alexander Demyanov
Local time: 17:09
Grading comment
Thank you all! Yes, I got the point that it is just such a wording , which means that someone "is informed", no matter from what source. So theis wording does not aim at mentioning specific "informers".
P.S. Was typing it the same time as Alexander posted his addendum. I see, this says the same, that's great.
4 KudoZ points were awarded for this answer



SUMMARY OF ALL EXPLANATIONS PROVIDED
4 +5even if the company has been aware of the possibility...
Alexander Demyanov


Discussion entries: 5





  

Answers


12 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +5
even if the company has been aware of the possibility...


Explanation:
What they are saying is that the Company is not going to assume responsibility for any damages even in cases when they have known that certain damages may arise.

I am selling you this book. I may know that some people, after reading it, may go mad and start running around yelling and biting innocent bystanders. However, I am not going to assume any responsibility if this happens to you or anybody else who might borrow the book from you.

--------------------------------------------------
Note added at 49 mins (2007-03-29 16:09:02 GMT)
--------------------------------------------------

"Has been adviced" basically means "has been informed". The phrase doesn't try to specify whether the information came from outside the company or from one of the company's empoyees or even owners. Therefore, for all practical purposes, except some legal hair-splitting, "has been adviced" (here) is the same as "has known". I do, however, agree with Buck, that the standard wording should used. I wasn't trying to suggest any re-phrasing but just to explain the meaning.

Alexander Demyanov
Local time: 17:09
Works in field
Native speaker of: Native in RussianRussian
PRO pts in category: 32
Grading comment
Thank you all! Yes, I got the point that it is just such a wording , which means that someone "is informed", no matter from what source. So theis wording does not aim at mentioning specific "informers".
P.S. Was typing it the same time as Alexander posted his addendum. I see, this says the same, that's great.

Peer comments on this answer (and responses from the answerer)
agree  liz askew: Quite. How can a company be liable for some people's behaviour?!
8 mins
  -> Thanks, Liz.
agree  Buck: but: I would say has been advised of instead of aware of
20 mins
  -> Thanks Buck. I wasn't suggesting any specific wording, just explaining the meaning.
agree  Vicky Papaprodromou
2 hrs
  -> Thanks, Vicky.
agree  Sophia Finos (X)
4 hrs
  -> Thanks, Sophia.
agree  Alfa Trans (X)
2 days 21 hrs
  -> Thanks, Marju.
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