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  3. Law: Contract(s)

convention particulière expresse

English translation: specific express agreement

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
French term or phrase:convention particulière expresse
English translation:specific express agreement
Entered by: patfie

02:23 Mar 13, 2008
French to English translations [PRO]
Law/Patents - Law: Contract(s)
French term or phrase: convention particulière expresse
Il ne peut être dérogé à ces clauses que moyennant convention particulière expresse.
A défaut de convention particulière expresse notamment en matière d’assistance technique, le choix et les contrôles de nos produits incombent aux donneurs d’ordre.
patfie
Local time: 15:57
specific express agreement
Explanation:
"These clauses may not be departed from except by ways of a specific express agreement."
Selected response from:

Christian Robitaille
Canada
Local time: 14:57
Grading comment
4 KudoZ points were awarded for this answer



Summary of answers provided
5specific express agreement
Christian Robitaille
3 +1Only by a specific and express agreement can any of these clauses be breached
MatthewLaSon
4(except) under special arrangement(s)
Julie Barber
4express agreement
B D Finch
1 +1separate express agreement
Andrew47


  

Answers


32 mins   confidence: Answerer confidence 1/5Answerer confidence 1/5 peer agreement (net): +1
separate express agreement


Explanation:
"These clauses may not be departed from except in the event of a separate express agreement [to the contrary]

Andrew47
Local time: 21:57
Works in field
Native speaker of: Native in EnglishEnglish

Peer comments on this answer (and responses from the answerer)
agree  Christian Robitaille: I almost fully agree, except that I believe "specific" is closer to "particulière", and "in the event of" doesn't quite convey the idea that "moyennant" implies an initiative and taking means to achieve a purpose ("by means of", for instance).
5 hrs
neutral  B D Finch: Does "particulière" add anything to the meaning? If not, why translate it? Agree with CR about "particulière" and "moyennant".
13 hrs
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2 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): +1
Only by a specific and express agreement can any of these clauses be breached


Explanation:
Hello,

convention particulière expresse = special and express agreement

Il ne peut être dérogé à ces clauses que (impersonal construction) = there can only be breaches to these clauses (More literally, that's what the French is saying)

ne...que = only

moyennant = au moyen de/ by means of

I hope this helps.




MatthewLaSon
Local time: 15:57
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 314

Peer comments on this answer (and responses from the answerer)
agree  Melissa McMahon: also works without the 'a' (ie "by specific & express agreement...")
1 hr
  -> Thanks, Melissa!
neutral  Christian Robitaille: "Déroger" simply means "to depart from", "not to comply with", but without it necessarily being reprehensible, contrary to a breach, which is necessarily a violation. If the parties agree to depart from a clause, they won't be breaching/violating it.
4 hrs
  -> Thanks, Christian! But, you can breach a clause by agreement. What can't you? déroger à = enfreindre
neutral  Julie Barber: Hi Matt, I wouldn't use 'breached' because if it's by agreement/arrangement it wouldn't be a breach ;-)
4 hrs
  -> Thanks, Julie! But, you can breach a clause by agreement. What can't you? déroger à = enfreindre
neutral  writeaway: permission to breach? makes no sense. a breach is an offense. like permission to commit murder.... absolutely not!! maybe deviate from but definitely not breach. I suppose legal translations aren't your thing.
2360 days
  -> I'm not discussing this any more with you. Rude demeanor is very unprofessional. Do unto other as you would have them do unto you. I have a lot of points racked up in the legal field...so I know "something", whatever that means. Be well.
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6 hrs   confidence: Answerer confidence 5/5
specific express agreement


Explanation:
"These clauses may not be departed from except by ways of a specific express agreement."

Christian Robitaille
Canada
Local time: 14:57
Specializes in field
Native speaker of: Native in FrenchFrench
PRO pts in category: 34

Peer comments on this answer (and responses from the answerer)
neutral  B D Finch: There are certainly a few ghits for this, though none from UK. But if the whole meaning is contained in "express", why add a redundant word ("specific")?
7 hrs
neutral  MatthewLaSon: Your sentence does not read like natural English (except by ways of, departed from ???).
15 hrs
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6 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
(except) under special arrangement(s)


Explanation:
* These clauses are applicable except under special
arrangement(s) / agreement(s).

* Except under special arrangement, these clauses are applicable

I don't think you need 'express' - if you make an exception or special agreement then it's obviously for that purpose.

BIFA STANDARD TRADING CONDITIONS
12. (A) **Except under special arrangements** previously made in writing or under the terms of a printed document signed by the Company, any instructions relating to the delivery or release of goods in specified circumstances only, such as (but without prejudice to the generality of this Clause) against payment or against surrender of a particular document, are accepted by the Company..
http://www.brendonphipps.com/bifa.htm

Trading Conditions
14 (A) Except under special arrangement previously made in writing the Company will not accept
http://www.pentalver.com/main/tc.htm

Terms and Conditions
11(A) Except under special arrangements previously made in writing or under the terms of a printed document signed by the Company,
http://www.flymycase.com/terms_and_conditions.aspx


Julie Barber
United Kingdom
Local time: 20:57
Works in field
Native speaker of: English
PRO pts in category: 116
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13 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
express agreement


Explanation:
If it is an express agreement, then it is specific. There is no need to use both terms, particularly as the subject of the potential agreement has already been specified.

B D Finch
France
Local time: 21:57
Specializes in field
Native speaker of: English
PRO pts in category: 369
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