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(gesetzliche) Gewährleistungsvorschriften

English translation: Look at my sentence and explanation.

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20:25 Oct 16, 2002
German to English translations [PRO]
Law/Patents
German term or phrase: (gesetzliche) Gewährleistungsvorschriften
context: material safety data sheet

"Diese Angaben beschreiben ausschließlich die Sicherheitserfordernisse des Produktes/der Produkte und stützen sich auf den heutigen Stand unserer Kenntnisse. Sie stellen keine Zusicherung von Eigenschaften des beschriebenen Produktes/der beschriebenen Produkte im Sinne der gesetzlichen Gewährleistungsvorschriften dar. Die Lieferspezifikation entnehmen Sie den jeweiligen Produktmerkblättern."

I was all set to write "as defined by/in terms of/within the meaning of legal/statutory warranty regulations" until I found "implied warranty" for gesetzliche Gewährleistung in Dietl/Lorenz.
Now I am uncertain. The google hits I got for that exact phrase seem all to be translated sites. I am of course familiar with the phrase "does not represent a warranty, implied or otherwise, ..." but in this case the "or otherwise" is not in the German original. And "does not represent an implied warranty (of characteristics...)" doesn't quite sound right to me. This may be putting too fine a point on it, but I was wondering what some of our legal experts might think.
Any suggestions much appreciated!
Beth Kantus
United States
Local time: 05:18
English translation:Look at my sentence and explanation.
Explanation:
They do not represent a warranty for the characteristics of the described product or products within the meaning of an implied warranty.
There is for almost every property an implied warranty of fitness for the intended use of the product,e.g., if you bought a hammer and found that because the handle was made of soft rubber you were not able to strik a blow with the hammer, you could get your money back. The intended purpose of the hammer is to strike blows (pound in nails, etc.) Here certain atributes and/or characteristics have been explained or listed. The seller or manufacturer is saying that the listing of the characteristics can't be inferred as an implied warranty.
Without more ino it's impossible to be specific, but maybe this will help you.


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Note added at 2002-10-16 21:07:35 (GMT)
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I goofed slightly: I meant to write \"as defined in impliied warranty provisions.\"
Selected response from:

Dr. Fred Thomson
United States
Local time: 03:18
Grading comment
Thanks for the explanation, and thanks to everyone else for your help!
4 KudoZ points were awarded for this answer

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Summary of answers provided
5 +4(statutory) warranty provisions
EMatt
4 +1Look at my sentence and explanation.
Dr. Fred Thomson
5within the meaning of the statutory warranty provisionsBeate Boudro
4implied warranty regulationsBougie


  

Answers


6 mins   confidence: Answerer confidence 5/5 peer agreement (net): +4
(statutory) warranty provisions


Explanation:
This is based on my many years of legal experience. Gewaehrleistungsvorschriften = warranty provisions in English

EMatt
Local time: 05:18
Native speaker of: Native in GermanGerman, Native in EnglishEnglish
PRO pts in pair: 222

Peer comments on this answer (and responses from the answerer)
agree  gangels: 'generally accepted' takes the middle ground between statutory and implied, but the former is my preference
18 mins

agree  Beate Boudro
19 hrs

agree  Ron Stelter
22 hrs

agree  Richard Hall
1 day8 hrs
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10 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5
implied warranty regulations


Explanation:
implied warranty ist feststehender Begriff für gesetzliche Gewährleistung.

Bougie
Germany
Local time: 11:18
Native speaker of: Native in RussianRussian, Native in UkrainianUkrainian
PRO pts in pair: 48
Login to enter a peer comment (or grade)

39 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
Look at my sentence and explanation.


Explanation:
They do not represent a warranty for the characteristics of the described product or products within the meaning of an implied warranty.
There is for almost every property an implied warranty of fitness for the intended use of the product,e.g., if you bought a hammer and found that because the handle was made of soft rubber you were not able to strik a blow with the hammer, you could get your money back. The intended purpose of the hammer is to strike blows (pound in nails, etc.) Here certain atributes and/or characteristics have been explained or listed. The seller or manufacturer is saying that the listing of the characteristics can't be inferred as an implied warranty.
Without more ino it's impossible to be specific, but maybe this will help you.


--------------------------------------------------
Note added at 2002-10-16 21:07:35 (GMT)
--------------------------------------------------

I goofed slightly: I meant to write \"as defined in impliied warranty provisions.\"

Dr. Fred Thomson
United States
Local time: 03:18
Native speaker of: English
PRO pts in pair: 5861
Grading comment
Thanks for the explanation, and thanks to everyone else for your help!

Peer comments on this answer (and responses from the answerer)
agree  Alison Schwitzgebel: precisely
11 hrs
  -> Thanks, Alisson. When are you coming to Arizona?
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19 hrs   confidence: Answerer confidence 5/5
within the meaning of the statutory warranty provisions


Explanation:
Beth, you had the right feeling. Although the German statutory warranty provisions apply (impliedly) if no warranty is mentioned by the parties or warranties are not specifically modified or excluded (if permitted by the statute)by the parties, those provisions distinguish specifically between general warranties and "Zusicherungen".

Your text specifically refers to those special provisions pertaining to "Zusicherung von Eigenschaften".

Beate Boudro
United States
Local time: 03:18
Native speaker of: Native in GermanGerman
PRO pts in pair: 253
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