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prevalions/prevaloir


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18:03 Jan 10, 2012
This question was closed without grading. Reason: Answer found elsewhere

French to English translations [PRO]
Law: Contract(s)
French term or phrase: prevalions/prevaloir
Le fait que nous ne nous prévalions pas à un moment donné de l'une quelconque des conditions générales de vente ne peut être interprété comme signifiant sa renonciation à s'en prévaloir ultérieurement.

Thanks
jasonwkingsley
France
Local time: 20:34


Summary of answers provided
3 +5invoke
Tony M
3 +1exercise a right
Nikki Scott-Despaigne
4take advantage oftranscimed
4asssert
Mark Hamlen
3avail ourselves of
Alain Mouchel
3Not invoking at any point on our part the...cannot be interpreted as...MatthewLaSon


  

Answers


4 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5
asssert


Explanation:
I normally use "assert" "The fact that we do not at any given time assert any one of the general sales conditions may not be interpreted as a waiver to assert such condition it at a later time."



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Note added at 6 mins (2012-01-10 18:10:07 GMT)
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Sorry about the sloppy translation, I was rushing: "The fact that at any given time we do not assert any one of the general sales conditions may not be interpreted as a waiver to assert such condition at a later time."

Mark Hamlen
France
Local time: 20:34
Works in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 15

Peer comments on this answer (and responses from the answerer)
neutral  Oliver Toogood: 'such conditions' or 'such a condition' at a later time.
3 mins

neutral  Tony M: I don't agree with OT's comment: once you have mentioned 'some specific condition', then 'such condition' following it and referring to the same again is OK, as if it were 'said condition'
8 mins
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10 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): +5
prevaloir
invoke


Explanation:
I find this is often a good solution with this kind of construction.



Tony M
France
Local time: 20:34
Native speaker of: Native in EnglishEnglish
PRO pts in category: 261

Peer comments on this answer (and responses from the answerer)
agree  kashew: goes with clauses in a contract
20 mins
  -> Thanks, J!

agree  philgoddard: Or enforce.
1 hr
  -> Thanks, Phil! I'm not entirely sure if one can use 'enforce' for the clauses in a contract, but I freely admit this is outside my field.

agree  AllegroTrans
5 hrs
  -> Thanks, C!

agree  MatthewLaSon
5 hrs
  -> Thanks, Matthew!

agree  Conor McAuley
18 hrs
  -> Thanks, Connor!
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22 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5
take advantage of


Explanation:
assert rather means "faire valoir"
so, "The fact that at any given time we do not take advantage of...

transcimed
France
Local time: 20:34
Native speaker of: Native in FrenchFrench

Peer comments on this answer (and responses from the answerer)
neutral  Tony M: I'm not so sure that this really fits in the formal register of the source text
1 hr

neutral  AllegroTrans: OK in general speech but not in legal docs
5 hrs
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6 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5
Not invoking at any point on our part the...cannot be interpreted as...


Explanation:
Hello,

I agreed with Tony for the general meaning, but I thought I would propose a translation for how it should be worded (considering the phrase "Le fait que..." as a whole).

It's the subjunctive tense that is often used after "le fait que..." (i.e., "prevalions" here).

The "we" is carried over by "on our part" (not sure it is even necesssary if it is clearly implied in the context).



I hope this helps.

MatthewLaSon
Local time: 14:34
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 307
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7 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): +1
exercise a right


Explanation:
In my experience, it is more common to speak of exercising a right or ommission to do so than of invoking a right, particularly in contractual legal lingo.

Nikki Scott-Despaigne
Local time: 20:34
Works in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 85

Peer comments on this answer (and responses from the answerer)
agree  rossignol
3 hrs

neutral  Tony M: If it's a right, you exercise it; but here they're talking about terms and conditions, and you can't, unfortunately, 'exercise a condition'; invoking the condition might involve the exercising some particular right, of course ;-)
4 hrs
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12 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5
avail ourselves of


Explanation:
avail ourselves of any of the terms and conditions of sale


    Reference: http://www.redbankchocolateshoppe.com/index.php?route=inform...
    Reference: http://www.valeo.com/fileadmin/dotcom/uploads/pdf/cgu/GENERA...
Alain Mouchel
Local time: 20:34
Specializes in field
Native speaker of: Native in FrenchFrench
PRO pts in category: 186
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