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  3. Law: Contract(s)

Help with sentence, please

English translation: defense of expiration

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
German term or phrase:Einrede der Verjährung
English translation:defense of expiration
Entered by: Kim Metzger

01:11 Jul 12, 2002
German to English translations [PRO]
Law/Patents - Law: Contract(s) / contract clause/warranty claims
German term or phrase: Help with sentence, please
I don't know if I put everything in its proper place or got all the words right. It's the last sentence that's giving me problems. The whole thing has to do with warranty claims for defective products.

Falls der Auftraggeber (Client) sein Wahlrecht zugunsten der Erteilung einer Gutschrift ausübt, ist die vom Auftragnehmer auszustellende Gutschrift an die im Auftrag genannte Finanzbuchhaltung des Auftraggebers vom Auftragnehmer zu übersenden.
Der Antragnehmer verzichtet bei der Verrechnung der Gutschrift mit künftig fällig werdenden Forderungen auf die Einrede der Verjährung der der Gutschrift zugrundeliegenden Forderung.

My feeble attempt:
When settling the credit note, the Contractor agrees to decline to plead lapse of time of the claim based on the credit note for future claims due.
Kim Metzger
Mexico
Local time: 01:38
waives the defense of expiration of rights due to lapse of time.
Explanation:
I'm late for an appointment, so this is all I can do at the moment. GL

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Note added at 2002-07-12 03:56:57 (GMT)
--------------------------------------------------

I\'m back.
With respect to billing on the credit note with claims that may prospectively fall due, the contractor waives the defense of expiration of rights based upon the lapse of time.
I\'m not sure of this either, but it\'s as close as I can come.
Selected response from:

Dr. Fred Thomson
United States
Local time: 01:38
Grading comment
Thanks Fred and Kenneth.
4 KudoZ points were awarded for this answer



Summary of answers provided
4 +1waives the defense of expiration of rights due to lapse of time.
Dr. Fred Thomson
4sentence
gangels (X)


Discussion entries: 1





  

Answers


25 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
waives the defense of expiration of rights due to lapse of time.


Explanation:
I'm late for an appointment, so this is all I can do at the moment. GL

--------------------------------------------------
Note added at 2002-07-12 03:56:57 (GMT)
--------------------------------------------------

I\'m back.
With respect to billing on the credit note with claims that may prospectively fall due, the contractor waives the defense of expiration of rights based upon the lapse of time.
I\'m not sure of this either, but it\'s as close as I can come.

Dr. Fred Thomson
United States
Local time: 01:38
Specializes in field
Native speaker of: English
PRO pts in category: 463
Grading comment
Thanks Fred and Kenneth.

Peer comments on this answer (and responses from the answerer)
agree  Ken Cox: Fred's (understanding of)legal language is much better than mine, but here I would say 'In offsetting the credit note against claims due and payable at a later date, the contractor waives ...
7 hrs
  -> Your understanding of the Verrechnung part is better than mine. Thank you for the help.
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10 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
sentence


Explanation:
Contractor waives his right of superannuation of clai m in settlement of the credit note against any future claims that may be based on aforesaid credit note

gangels (X)
Local time: 01:38
Specializes in field
Native speaker of: Native in EnglishEnglish, Native in GermanGerman
PRO pts in category: 337
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