défaillant

English translation: become unavailable

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)

French term or phrase:	defaillant
English translation:	become unavailable
Entered by:	Mary Lalevee

09:37 Mar 21, 2002

French to English translations [PRO]
Law/Patents

French term or phrase: défaillant

Contract for IT services.

"Le Cocontractant sengage envers XXX à assurer la continuité des prestations au cas où un ou plusieurs de ses intervenants seraient défaillants dans des conditions de qualité et de délai au moins égales aux stipulations prévues au contrat sur accord-cadre."

It's not "defaulting" or "no show" (I think anyway). We're talking about the Contracting Party's employees. Any suggestions?

Mary Lalevee KudoZ activity Questions: 973 (none open) (4 without valid answers) (54 closed without grading) Answers: 307 United Kingdom
Local time: 23:58

if ... become unavailable

Explanation:
I understand this as one or more employees becoming unavailable (for whatever reasons, eg. they leave the company, go on sick leave, whatever), in which case the client would be rightly worried about the continuation of the services in the same quality as before.

I think that "Dans des conditions de qualité...." refers to "continuité des prestations" rather than to "seraient défaillants".

For the use of "défaillant" with this meaning see my ref:

"Si les parents sont défaillants (décès, abandon), le conseil de famille se prononce."

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Note added at 2002-03-21 10:10:43 (GMT)
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I forgot to lower my rating of confidence; this is of course just my conjecture, native speakers are welcome to overrule it.

Selected response from:

Endre Both
Germany
Local time: 00:58

Grading comment

Thanks, this must be it.
Mary
4 KudoZ points were awarded for this answer

Summary of answers provided

4 +5

fail to comply with...

Serge L

4 +1

if ... become unavailable

Endre Both

failed to meet

Jane Lamb-Ruiz (X)

unfeasible, impracticable

Sladjana Stojanovic

[be in breach / be in default / fail to meet]

Steven Geller

Discussion entries: 1

Answers

5 mins confidence:

peer agreement (net): +5

fail to comply with...

Explanation:
would be my suggestion

HTH,

Serge L.

experience

Serge L
Local time: 00:58
PRO pts in pair: 227

Grading comment

Thanks but see my note

The asker has declined this answer
Comment: Thanks but see my note

15 mins confidence:

unfeasible, impracticable

Explanation:
impracticable request of agreement

Sladjana Stojanovic
Serbia and Montenegro
Local time: 00:58
PRO pts in pair: 4

26 mins confidence:

peer agreement (net): +1

if ... become unavailable

Endre Both
Germany
Local time: 00:58
Native speaker of:

German,

Hungarian
PRO pts in pair: 101

Grading comment

Thanks, this must be it.
Mary

4 hrs confidence:

failed to meet

Explanation:
failed to meet quality terms or conditions

PLEASE note tense of verb

Jane Lamb-Ruiz (X)
Native speaker of:

English,

Portuguese
PRO pts in pair: 8576

14 hrs confidence:

[be in breach / be in default / fail to meet]

Explanation:
The Co-contrator agrees with XXX to ensure the continuity of the services in the event that one or more of its service providers would [be in breach / be in default / fail to meet] the quality (terms and] conditions and time scales as those specified, as a minimum, in the master agreement.

Steven Geller
Local time: 00:58
PRO pts in pair: 1246

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