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Übergabe steht es gleich

English translation: delivery shall be deemed to have been effected [to have taken place]

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GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
German term or phrase:der Übergabe steht es gleich
English translation:delivery shall be deemed to have been effected [to have taken place]
Entered by: Steffen Walter
Options:
- Contribute to this entry
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04:41 Mar 11, 2004
German to English translations [PRO]
Bus/Financial - Law: Contract(s) / transfer of risk
German term or phrase: Übergabe steht es gleich
I've never encountered this phrase before. Any ideas?

Gefahrübertragung

3. Ist der Käufer Verbraucher im Sinne des § 13 BGB, geht die Gefahr des zufälligen Untergangs und der zufälligen Verschlechterung der Sache, auch beim Versendungskauf, erst mit der Übergabe der Ware an den Kunden über.

4. *Der Übergabe steht es gleich*, wenn der Käufer in Verzug der Annahme ist.
Kim Metzger
Mexico
Local time: 04:35
See suggested translation
Explanation:
Where the purchaser is in default of acceptance [in taking delivery], delivery shall be deemed to have been effected [to have taken place].

Background:
The risk associated with the goods (destruction, deterioration) will pass from the seller to the buyer upon delivery to the buyer. However, a buyer might refuse acceptance of the goods, thereby increasing the seller's risk who would have to store the goods. (Btw, a buyer is usually under an obligation to take delivery, otherwise they would be in default (Annahmeverzug).)

For this reason, this contract stipulates that delivery also takes place when the buyer refuses acceptance (without any good reason (e.g. defects), otherwise there might not be a default). Result: the seller has freed itself of the additional risk and the risk passes to the buyer, whether or not it takes delivery.
Selected response from:

Beate Lutzebaeck
New Zealand
Local time: 21:35
Grading comment
Fantastic, Beate. Thank you. I'm sure the glossary will also be pleased.
4 KudoZ points were awarded for this answer

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Summary of answers provided
5 +4See suggested translationBeate Lutzebaeck


  

Answers


16 mins   confidence: Answerer confidence 5/5 peer agreement (net): +4
Übergabe steht es gleich
See suggested translation


Explanation:
Where the purchaser is in default of acceptance [in taking delivery], delivery shall be deemed to have been effected [to have taken place].

Background:
The risk associated with the goods (destruction, deterioration) will pass from the seller to the buyer upon delivery to the buyer. However, a buyer might refuse acceptance of the goods, thereby increasing the seller's risk who would have to store the goods. (Btw, a buyer is usually under an obligation to take delivery, otherwise they would be in default (Annahmeverzug).)

For this reason, this contract stipulates that delivery also takes place when the buyer refuses acceptance (without any good reason (e.g. defects), otherwise there might not be a default). Result: the seller has freed itself of the additional risk and the risk passes to the buyer, whether or not it takes delivery.

Beate Lutzebaeck
New Zealand
Local time: 21:35
Specializes in field
Native speaker of: Native in GermanGerman, Native in EnglishEnglish
PRO pts in category: 222
Grading comment
Fantastic, Beate. Thank you. I'm sure the glossary will also be pleased.

Peer comments on this answer (and responses from the answerer)
agree  Ingrid Blank
35 mins

agree  Steffen Walter
3 hrs

agree  xxxKirstyMacC: Assumes 'tender of delivery' -> the buyer does not have to accept or reject.
3 hrs

agree  Terry Moran: Spot on.
3 hrs
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