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bei sonstigem Verlust aller ihm zustehenden Ansprüche

English translation: failure to do so will result in forfeiture of all claims ...


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11:30 Jan 24, 2012
German to English translations [PRO]
Law/Patents - Law: Contract(s)
German term or phrase: bei sonstigem Verlust aller ihm zustehenden Ansprüche
b) Wenn der Kunde Unternehmer im Sinne des UGB ist, hat er die gelieferte Ware bzw. die erbrachte Leistung nach Erhalt unverzüglich auf Vollständigkeit, Richtigkeit und sonstige Mängelfreiheit zu überprüfen und eventuelle Mängel unverzüglich, spätestens jedoch acht Werktage nach Erhalt der Ware bzw. Leistung und noch vor Weiterveräußerung oder Benutzung, bei sonstigem Verlust aller ihm (bei einer ordnungsgemäßen Untersuchung erkennbarer Mängeln) zustehender Ansprüche, insbesondere auch Mangelfolgeschäden, schriftlich per Telefax (Faxnummer: xx) oder Email (xx) zu rügen.

If the customer is a business within the meaning of the UGB (Austrian Corporate Code) he is to inspect the delivered goods or rendered services immediately upon receipt for completeness, correctness and other flawlessness and send a written complaint about any possible defects immediately, at the latest, however, eight working days after the receipt of goods or rendered services and prior to a resale or usage in writing, by fax (fax number ++xxxx) or e-mail (xxxx) and in particular consequential damages, in order to avoid loss of any justified claims (which are recognizable during a proper inspection of recognizable defects)??

Vielen Dank!
martina1974
Austria
Local time: 10:43
English translation:failure to do so will result in forfeiture of all claims ...
Explanation:
I would split the sentence

The customer shall check the goods/services[…] and must report […]any defects;

[any] failure to do so will result in forfeiture of all claims he is entitled to (in the course of a proper examination for identifiable defects )

Selected response from:

Johanna Timm, PhD
Canada
Local time: 01:43
Grading comment
vielen Dank!
4 KudoZ points were awarded for this answer



Summary of answers provided
4 +1on pain of the loss of all claims to shich he is entitled
David Wright
4alternatively he (the customer) loses all due rights/entitlementsPauline Alexiou
3failure to do so will result in forfeiture of all claims ...
Johanna Timm, PhD
5 -2in other loss of all claims due to him
Vitaliy Rysyuk
3 -1or for any other use to which he may put them
AllegroTrans


  

Answers


21 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
on pain of the loss of all claims to shich he is entitled


Explanation:
This occurs in very many contracts. There may of course be other ways of dealing with it, but this is my preference

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Note added at 22 mins (2012-01-24 11:52:49 GMT)
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you could also say "on pain of forfeiture ..."

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Note added at 23 mins (2012-01-24 11:53:53 GMT)
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"which", of course, 'scuse my overhasty typing with kettle boiling in the background!

David Wright
Austria
Local time: 10:43
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 228

Peer comments on this answer (and responses from the answerer)
disagree  Vitaliy Rysyuk: He cannot be entitled to claims but he can be an appropriate person to be laid claims against or lodged claims to. And "bei" in this context means "in the case of".
1 hr
  -> I'm sorry, but I don't think you have unerstood the German correctly.

agree  Ioana Claudia Popa, DMD, PhD: Sounds right to me :-) Oh well, "in case of other loss of..." would probably be a 100% literal translation.
2 hrs
  -> Thanks Ioana

agree  Horst Huber: Looks right; I would guess "forfeiture" fits better than "loss"?
5 hrs
  -> Thanks Horst
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1 hr   confidence: Answerer confidence 5/5 peer agreement (net): -2
in other loss of all claims due to him


Explanation:
In other loss of nationality cases, the consular officer will ascertain whether or not there is evidence of intent to relinquish U.S. nationality.
http://www.uscis.gov/ilink/docView/22CFR/HTML/22CFR/0-0-0-1/...

However, in other loss of access cases a trespass may exist and remedies including declarations, injunctions and damages would be available.
http://www.expropriationlaw.ca/articles/art02300.asp

Example sentence(s):
  • Until complete payment of the purchase price Buyer shall cede all claims due to him as a result of such resale
  • The goods remain property of the Supplier until satisfaction of all claims due to him by the Orderer within the commercial relation.

    Reference: http://www.cisc.at/news/index.php?option=com_content&task=vi...
    Reference: http://www.blema.de/index.php?id=9150
Vitaliy Rysyuk
Ukraine
Local time: 11:43
Works in field
Native speaker of: Native in UkrainianUkrainian, Native in RussianRussian

Peer comments on this answer (and responses from the answerer)
disagree  David Wright: This means something completely different, and I don't follow your example sentences
32 mins
  -> Thanks for your opinion.

disagree  AllegroTrans: Your examples are not relevant to the asker's text and your suggested phrase, in context, doesn't make sense
1 hr
  -> Those are relevant since both the references and the context relate to contractual law. Nevertheless, can your comments be treated seriously since it is even in the very comments that you have managed to make a mistake?
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2 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): -1
or for any other use to which he may put them


Explanation:
..... no later than eight working days after receipt of the goods or services and before resale or for any other use to which he may put them (with a proper investigation for recognizable defects) .....

AllegroTrans
United Kingdom
Local time: 09:43
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 58

Peer comments on this answer (and responses from the answerer)
disagree  Vitaliy Rysyuk: How could you link your translation to "insbesondere auch Mangelfolgeschäden"? Does it make any sense in such case? "any other use..., including also damage claims...
1 hr
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6 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5
failure to do so will result in forfeiture of all claims ...


Explanation:
I would split the sentence

The customer shall check the goods/services[…] and must report […]any defects;

[any] failure to do so will result in forfeiture of all claims he is entitled to (in the course of a proper examination for identifiable defects )



Johanna Timm, PhD
Canada
Local time: 01:43
Native speaker of: Native in GermanGerman
PRO pts in category: 254
Grading comment
vielen Dank!
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7 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
alternatively he (the customer) loses all due rights/entitlements


Explanation:
alternatively he (the customer) loses all due rights/entitlements (to lodge/file a complaint)

Example sentence(s):
  • Alternatively, the customer loses the right to lodge a claim for obvious defects.
Pauline Alexiou
Local time: 11:43
Native speaker of: Native in EnglishEnglish
PRO pts in category: 8
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