en cause à l'exclusion de toute indemnité

English translation: without any indemnity (whatsoever)

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
French term or phrase:à l'exclusion de toute indemnité
English translation:without any indemnity (whatsoever)
Entered by: Nikki Scott-Despaigne

09:10 Mar 12, 2002
French to English translations [PRO]
Law/Patents / general conditions of sale
French term or phrase: en cause à l'exclusion de toute indemnité
Can any one help me phrase this correctly.
This appears on a general conditions of sale document, and is dealing with returned products
Linda Young (X)
Local time: 11:59
in question, without any liability
Explanation:
You mentioned that it involved the return of a product.

I understand your text to be...

customer may return the product in question without any liability, i.e. the company will exchange it or refund the customer's money, but will not accept any liability when doing so.



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Note added at 2002-03-12 10:34:52 (GMT)
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Hits on Google :

\"without any liability\" = 7,950

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Note added at 2002-03-12 10:46:33 (GMT)
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From Termium :

Anglais :Assurances
Commerce extérieur

claim s CORRECT

Français :Assurances
Commerce extérieur

indemnité s CORRECT,FÉM

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Note added at 2002-03-12 10:51:35 (GMT)
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Here are some examples for you...

[PDF] credit application for customers
Format de fichier: PDF/Adobe Acrobat - Version HTML
... of the product in question. Hydro Engineering, Inc. makes ... written request of Seller,
return to Seller all ... of the Sales Invoice without any liability whatsoever ...
www.hydroblaster.com/files/Forms/creditap.pdf

Conditions of sale -
... purchase of the product in question materially more expensive than at ... and to demand
their return at the cost of ... on our behalf, but without any liability on our ...
www.isan-metall.com/html/conditions_of_sale.html

Untitled Document -
... in respect of the return of Product to ComputerBusiness ... replacing the Product in question
at the time the ... deliveries under the Contract without any liability to ...
www.sitesecured.co.uk/terms.htm
Selected response from:

Steven Geller
Local time: 11:59
Grading comment
Thanks so much for all the trouble you took in giving me the examples. Thanks to everyone else who contributed.
Regards
Linda
4 KudoZ points were awarded for this answer



Summary of answers provided
4action or claim without any indemnity
Rebecca Lowery
4without any indemnity being paid
Nikki Scott-Despaigne
4 -3in question, without any liability
Steven Geller


Discussion entries: 3





  

Answers


43 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5
action or claim without any indemnity


Explanation:
It would be better to have the whole sentence to see where the "en cause" fits in properly; cause can be an action, claim or cause. A "mise en cause" would be a third party claim

Rebecca Lowery
United Kingdom
Local time: 10:59
Native speaker of: Native in EnglishEnglish
PRO pts in pair: 78
Login to enter a peer comment (or grade)

1 hr   confidence: Answerer confidence 4/5Answerer confidence 4/5
without any indemnity being paid


Explanation:
This expression appears commonly enough throughout conditions of sale, at least the past part does, viz. :

"à l'exclusion de toute indemnité."

In the contexts of returned goods, it generally appears where goods can be returned or exchanged (perhaps even a refund made) but that the client shall not be indmenified in any way.

To attach an appropriate turn of phrase to your context, you realy need to post the whole sentence - better still the sentence before and after it - in French.

Literally, "to the exclusion of any indemnity".



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Note added at 2002-03-12 10:40:12 (GMT)
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Without any indemnity, without any indemnity whatsoever, without any indemnity being due… the possibilities are endless

www.lubex.com/conditions.pdf

without any indemnity for…


www.syrecon.org/investment_reg2b.html

without any indemnity


www.gasandoil.com/goc/news/ntl13915.htm

without any indemnity whatsoever


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Note added at 2002-03-12 10:47:09 (GMT)
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Indemnity rather than liability. A person cna be liable in many ways. Undertaking to indemnify someone for a loss - or indeed refusing to do so, is undertaking or refusing a specific type of liability. An indemnity is an agreements by one person to cover some specific loss. See http://dictionary.law.com


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Note added at 2002-03-12 10:47:49 (GMT)
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I suspect we are looking at this from the point of view of the client agreeing to the conditions of sale. He no doubt has to accept that returns can be made in certain circumstances but that he shall not be indemnified for loss (of enjoyment of product..)



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Note added at 2002-03-12 14:47:59 (GMT) Post-grading
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\"... a free replacement or refund of the goods concerned, to the exclusion of any indemnity whatsoever.\"

So the seller is undertaking either to replace the faulty goods or to refund their value. They are expressly excluding any further indemnity, ie no further financial compensation will be paid.

They are not seeking to exclude liability, not here anyway. This may well be set out in a disclaimer elsewhere in the contract, and there is a strong chance that the word used there is \"reponsabilité\".

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Note added at 2002-03-12 14:48:04 (GMT) Post-grading
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\"... a free replacement or refund of the goods concerned, to the exclusion of any indemnity whatsoever.\"

So the seller is undertaking either to replace the faulty goods or to refund their value. They are expressly excluding any further indemnity, ie no further financial compensation will be paid.

They are not seeking to exclude liability, not here anyway. This may well be set out in a disclaimer elsewhere in the contract, and there is a strong chance that the word used there is \"responsabilité\".

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Note added at 2002-03-12 15:02:04 (GMT) Post-grading
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Liability and indemnity are two different things. The defective TV example is useful. The manufacturer will generally be held liable for any defect. The retailer will not. However, the retailer will generally be the one to refund or replace the defective item for the purchaser. The retailer will not indemnify the purchaser for any loss of use for example, nor will the manufacturer for that matter. It is highly likely though that the retailer turn to the manufacturer (or any other party from whom he, the retailer bought the TV) in order to be indemnified for the loss he has sustained in having to refund or exchange the goods for the client.

Nikki Scott-Despaigne
Local time: 11:59
Native speaker of: Native in EnglishEnglish
PRO pts in pair: 4638

Peer comments on this answer (and responses from the answerer)
disagree  Steven Geller: I beg to differ with you, Madam, you wrote "this expression appears commonly": I cannot find "without any indemnity being paid" on the Internet - zero hits on Google - I have never, personally, seen it either on a product label or in a contract.
13 mins
  -> I was referring to the French expression Steven. "without any indemnity" - variations upon a theme see above.

agree  Yolanda Broad
3 hrs
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1 hr   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): -3
in question, without any liability


Explanation:
You mentioned that it involved the return of a product.

I understand your text to be...

customer may return the product in question without any liability, i.e. the company will exchange it or refund the customer's money, but will not accept any liability when doing so.



--------------------------------------------------
Note added at 2002-03-12 10:34:52 (GMT)
--------------------------------------------------

Hits on Google :

\"without any liability\" = 7,950

--------------------------------------------------
Note added at 2002-03-12 10:46:33 (GMT)
--------------------------------------------------

From Termium :

Anglais :Assurances
Commerce extérieur

claim s CORRECT

Français :Assurances
Commerce extérieur

indemnité s CORRECT,FÉM

--------------------------------------------------
Note added at 2002-03-12 10:51:35 (GMT)
--------------------------------------------------

Here are some examples for you...

[PDF] credit application for customers
Format de fichier: PDF/Adobe Acrobat - Version HTML
... of the product in question. Hydro Engineering, Inc. makes ... written request of Seller,
return to Seller all ... of the Sales Invoice without any liability whatsoever ...
www.hydroblaster.com/files/Forms/creditap.pdf

Conditions of sale -
... purchase of the product in question materially more expensive than at ... and to demand
their return at the cost of ... on our behalf, but without any liability on our ...
www.isan-metall.com/html/conditions_of_sale.html

Untitled Document -
... in respect of the return of Product to ComputerBusiness ... replacing the Product in question
at the time the ... deliveries under the Contract without any liability to ...
www.sitesecured.co.uk/terms.htm

Steven Geller
Local time: 11:59
PRO pts in pair: 1246
Grading comment
Thanks so much for all the trouble you took in giving me the examples. Thanks to everyone else who contributed.
Regards
Linda

Peer comments on this answer (and responses from the answerer)
disagree  Nikki Scott-Despaigne: I'm afraid that indemnity has a specific meaning which is not rendered specifically enough by "liability"
11 mins
  -> In this context, indemnité means "claim".

disagree  Rebecca Lowery: Indemity is more financial compensation rather than liability
44 mins
  -> Except that I understand it to mean "indemnification" rather than "indemnity". You buy a TV. It catches fire. The manuf will replace it or refund your money but declines liability (common scenario) You insist on "indemnity". I call it liability.. .

disagree  Yolanda Broad: There is a difference of semantic *aspect* between "indemnité" and "liability." Ménard gives: "claim" "indemnity" "allowance" "benefit" "payment" "compensation" "penalty" "remedy" (in assorted financial contexts). "Remedy" is the semantic key here.
3 hrs
  -> You buy a TV. It catches fire. The manuf will replace it or refund your money but declines liability (common scenario) You insist on "indemnity". I call it liability..
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