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charge sb with losses or damages

English translation: make the Seller liable for the compensatory value of ...

22:30 Mar 29, 2008
English language (monolingual) [PRO]
Law/Patents - Law: Contract(s)
English term or phrase: charge sb with losses or damages
I'm translating the General Terms and Conditions of Purchase into Polish and I'd appreciate any help as regards the following phrase (marked with asterisks)

10. DELAY IN DELIVERY

In the event that the delay in delivery exceeds sixty (60) days, the Buyer shall have the right to cancel the Contract or any part thereof without prejudice to all claims of the Buyer for any loss or damage caused by the Seller's default, and the Seller agrees that:
1) The Buyer may return part or all of any delivery so far made and may *** charge the Seller with any losses or damages*** sustained as a result of such failure in delivery; and

Is the fragment here about charging money or assuming responsibility?
TIA
Adam Załuski
Local time: 17:16
Selected answer:make the Seller liable for the compensatory value of ...
Explanation:
... of any loss or damage the Buyer experiences as the result of non-delivery. The "loss" could be loss of opportunity to complete a transaction or move forward on a next step and "damages" might include the monetary value associated with harm to the Buyer's professional reputation, etc. Remember "damages" means legal monetary compensation. "Damage" is simply damage. Damage may result in damages being ordered.

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Note added at 13 hrs (2008-03-30 12:00:15 GMT)
--------------------------------------------------

In response to your question whether it's about charging money or about assuming responsibility, it's both. The contract is stating that the Seller is responsible for satisfying the Buyer (with satisfactory delivery of a satisfactory product) and to the extent that the Seller fails to do that, the Buyer has the right to charge the Seller for losses and damages. (Note that the text refers both to damage and damages. The damages are paid for the damage. It may even be that the Buyer is ordered to pay its own customer damages, and therefore the Seller needs to reimburse the Buyer this cost. To give more precise examples, we'd have to know more about the nature of the industry and the transaction in question. In any case, this is saying that the difficulties and costs sustained (incurred) by the Buyer are to be monetized and the resulting sum paid by the Seller to the Buyer because the Seller is responsible.
Selected response from:

Deborah Workman
United States
Local time: 11:16
Grading comment
Thank you very much!
4 KudoZ points were awarded for this answer



SUMMARY OF ALL EXPLANATIONS PROVIDED
4 +7make the Seller liable for the compensatory value of ...
Deborah Workman
4 +2claim compensation from sb for losses or damages
simon tanner
4assuming responsibility
Mark Berelekhis
4charging money
Rafal Korycinski


  

Answers


5 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5
assuming responsibility


Explanation:
Though it would probably include actually charging the Seller money for said losses and damages, that's generally the process.

Mark Berelekhis
United States
Local time: 11:16
Specializes in field
Native speaker of: Native in RussianRussian, Native in EnglishEnglish
PRO pts in category: 4
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4 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5
charging money


Explanation:
make sb pay the indemnity for loses or damages

--------------------------------------------------
Note added at 1 hr (2008-03-30 00:15:26 GMT)
--------------------------------------------------

The translation into Polish is the same anyways. "Obciążyć" is the word that should be used.

Rafal Korycinski
Poland
Local time: 17:16
Works in field
Native speaker of: Native in PolishPolish
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8 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +2
claim compensation from sb for losses or damages


Explanation:
It's not a question of making someone liable; they are already liable under the contract, and that's why you can charge them. Damages in the plural often, but not necessarily, means 'compensation for damage'. In this case it does not; it simply means damage, as shown by the following verb, 'sustained'. Losses would refer to loss of profits or opportunities, damages to actual harm, of an economic or other nature.
so to answer your question, here it's a question of charging money (the responsibility is already assumed under the contract, which is why "the buyer 'may' charge the seller with any losses or damages sustained".)

simon tanner
Italy
Local time: 17:16
Specializes in field
Native speaker of: English

Peer comments on this answer (and responses from the answerer)
agree  Jack Dunwell
2 hrs
  -> thanks fourth
agree  Reza Mohammadnia
3 days 6 hrs
  -> thanks Reza
Login to enter a peer comment (or grade)

3 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +7
make the Seller liable for the compensatory value of ...


Explanation:
... of any loss or damage the Buyer experiences as the result of non-delivery. The "loss" could be loss of opportunity to complete a transaction or move forward on a next step and "damages" might include the monetary value associated with harm to the Buyer's professional reputation, etc. Remember "damages" means legal monetary compensation. "Damage" is simply damage. Damage may result in damages being ordered.

--------------------------------------------------
Note added at 13 hrs (2008-03-30 12:00:15 GMT)
--------------------------------------------------

In response to your question whether it's about charging money or about assuming responsibility, it's both. The contract is stating that the Seller is responsible for satisfying the Buyer (with satisfactory delivery of a satisfactory product) and to the extent that the Seller fails to do that, the Buyer has the right to charge the Seller for losses and damages. (Note that the text refers both to damage and damages. The damages are paid for the damage. It may even be that the Buyer is ordered to pay its own customer damages, and therefore the Seller needs to reimburse the Buyer this cost. To give more precise examples, we'd have to know more about the nature of the industry and the transaction in question. In any case, this is saying that the difficulties and costs sustained (incurred) by the Buyer are to be monetized and the resulting sum paid by the Seller to the Buyer because the Seller is responsible.

Deborah Workman
United States
Local time: 11:16
Works in field
Native speaker of: English
PRO pts in category: 24
Grading comment
Thank you very much!

Peer comments on this answer (and responses from the answerer)
agree  Mihaela Brooks
19 mins
  -> Thanks, Mihaela!
agree  orientalhorizon
4 hrs
  -> Thanks!
agree  Gary D
7 hrs
  -> Thanks, Gary!
agree  Cristina Santos
15 hrs
  -> Thanks, Cristina!
agree  Mehmet Hascan
1 day 6 hrs
  -> Thanks, Mehmet!
agree  Vicky Nash
1 day 8 hrs
  -> Thanks, Vicky!
agree  BrettMN
1 day 13 hrs
  -> Thanks, Brett!
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