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English translation: Suggested translation:

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22:39 May 8, 2002
German to English translations [PRO]
Law/Patents
German term or phrase: sentence
"Der Auftragnehmer hat als Sicherheit für eine Vorauszahlung bis zur Tilgung der Vorauszahlung durch Anrechnung auf fällige Zahlungen eine Bürgschaft zu stellen."

from an addendum to a contract between an artist and a museum.
Patrick Hubenthal
Local time: 18:43
English translation:Suggested translation:
Explanation:
"As collateral for any advance payment, the supplier [Artist] shall furnish a guarantee to be in effect until such time as said advance payment has been redeemed by offsetting any payments due."

Background: One party is making advance payment to the other, i.e. without having received any service yet. To secure these advance payments, the first party (presumably the party who drafted this contract) requires a guarantee as protection. Subsequently, any payments that should have been made to the other party for services now rendered, are offset against the initial advance payment. Once these offset payments reach the sum of the advance payment, the advance payment will be redeemed. The guarantee will only be in effect until redemption of the advance payment. Klar wie Kloßbrühe ...

However, what I'm having difficulties with is how to translate Auftragnehmer in your context. I'm assuming that the artist is the Auftragnehmer and the museum the Auftraggeber (principal). Presumably, the artist provides the museum with artwork for display. If this is the case, supplier would be a good option (or simply, "Artist" - capital A).

"Contractor", the ususal translation for Auftragnehmer wouldn't really work in your context, as it is mostly used for the party providing work / products of some sort (I don't know whether artwork qualifies).

Other options include: agent, acceptor of a commission, seller, ordering party!!!, party with whom the order is placed!!! (the last two both as per Romain, Legal dico)

Selected response from:

Beate Lutzebaeck
New Zealand
Local time: 12:43
Grading comment
That helps tremendously. I agree that "Contractor" is a less-than-ideal choice in this context, but I'm still going to go with it: It's a good literal translation of "Auftragnehmer," and hey, I didn't write the contract; I'm just translating the thing. Anyway, thanks for taking the time to help me with a whole sentence!
4 KudoZ points were awarded for this answer

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Summary of answers provided
4 +3Suggested translation:Beate Lutzebaeck
4sentencegangels


  

Answers


51 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +3
Suggested translation:


Explanation:
"As collateral for any advance payment, the supplier [Artist] shall furnish a guarantee to be in effect until such time as said advance payment has been redeemed by offsetting any payments due."

Background: One party is making advance payment to the other, i.e. without having received any service yet. To secure these advance payments, the first party (presumably the party who drafted this contract) requires a guarantee as protection. Subsequently, any payments that should have been made to the other party for services now rendered, are offset against the initial advance payment. Once these offset payments reach the sum of the advance payment, the advance payment will be redeemed. The guarantee will only be in effect until redemption of the advance payment. Klar wie Kloßbrühe ...

However, what I'm having difficulties with is how to translate Auftragnehmer in your context. I'm assuming that the artist is the Auftragnehmer and the museum the Auftraggeber (principal). Presumably, the artist provides the museum with artwork for display. If this is the case, supplier would be a good option (or simply, "Artist" - capital A).

"Contractor", the ususal translation for Auftragnehmer wouldn't really work in your context, as it is mostly used for the party providing work / products of some sort (I don't know whether artwork qualifies).

Other options include: agent, acceptor of a commission, seller, ordering party!!!, party with whom the order is placed!!! (the last two both as per Romain, Legal dico)




    Prof. exp. as German/NZ lawyer
Beate Lutzebaeck
New Zealand
Local time: 12:43
Native speaker of: Native in GermanGerman, Native in EnglishEnglish
PRO pts in pair: 2079
Grading comment
That helps tremendously. I agree that "Contractor" is a less-than-ideal choice in this context, but I'm still going to go with it: It's a good literal translation of "Auftragnehmer," and hey, I didn't write the contract; I'm just translating the thing. Anyway, thanks for taking the time to help me with a whole sentence!

Peer comments on this answer (and responses from the answerer)
agree  Joy Christensen: I think "the supplier" would fit; "the supplying artist"?
58 mins
  -> That sounds like a good option.

neutral  Cilian O'Tuama: I take my hat off to you guys (Darien + Patrick). There are really people out there who can get their heads around this stuff!
2 hrs

agree  schmurr
9 hrs

agree  Ron Stelter: maybe "creator" or "author" might best express the artistic angle?
15 hrs
Login to enter a peer comment (or grade)

3 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
sentence


Explanation:
As a security for prepayment until extinguishment of said prepayment--by taking account of payments due--the commissioned party shall provide a warranty

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Note added at 2002-05-09 02:18:14 (GMT)
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Correction: ...--a warranty shall be provided [posted] by the commissioned party

gangels
Local time: 18:43
Native speaker of: Native in EnglishEnglish, Native in GermanGerman
PRO pts in pair: 5465
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