https://www.proz.com/kudoz/german-to-english/law-patents/569105-help-with-sentence-please.html

Help with sentence please?

English translation: explanation

15:36 Nov 12, 2003
German to English translations [PRO]
Law/Patents / print production, legal Terms and Conditions
German term or phrase: Help with sentence please?
Hi all,
I dont know if i have just been sitting at this one too long, but I just can't get my head around the following sentence - again from the T&C for print production. Could someone possibly give me a hand? I am having problems specifically with the bits enclosed by *** ***. Thank you very much!

...so hat der Auftraggeber ***unbeschadet etwaiger weiterer Rechtspflichten*** den ***Unterschied zwischen dem gewährten und dem der tatsächlichen Abnahme entsprechenden Nachlass*** an Firma X zurück zu vergüten
Hilary Davies Shelby
United States
Local time: 21:17
English translation:explanation
Explanation:

therefore the client, without prejudice to further means of compensation, [is required] to compensate Company X for the difference between the discount that was allowed and the discount actually applied to the sale

In other words, if this is a distribution contract and the manufacturer authorizes a certain discount (say 5%) but the distributor gives a 10% discount, the distributor has to pay the 5% difference out of his own pocket

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Note added at 2003-11-12 15:52:28 (GMT)
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\"Without prejudice to\" means that the distributor can still claim other forms of compensation besides just getting the 5% difference.

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Note added at 2003-11-12 16:51:00 (GMT)
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As Steffen suggests, it\'s probably better to say \"without prejudice to any other means of compensation\"
Selected response from:

William Stein
Costa Rica
Local time: 20:17
Grading comment
Thank you very much William - and "agreers"! I am really glad that you explained "w/o prejudice" too, as I have to admit that I wasn't sure exactly what it meant!
4 KudoZ points were awarded for this answer



Summary of answers provided
4 +4explanation
William Stein


  

Answers


8 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +4
explanation


Explanation:

therefore the client, without prejudice to further means of compensation, [is required] to compensate Company X for the difference between the discount that was allowed and the discount actually applied to the sale

In other words, if this is a distribution contract and the manufacturer authorizes a certain discount (say 5%) but the distributor gives a 10% discount, the distributor has to pay the 5% difference out of his own pocket

--------------------------------------------------
Note added at 2003-11-12 15:52:28 (GMT)
--------------------------------------------------

\"Without prejudice to\" means that the distributor can still claim other forms of compensation besides just getting the 5% difference.

--------------------------------------------------
Note added at 2003-11-12 16:51:00 (GMT)
--------------------------------------------------

As Steffen suggests, it\'s probably better to say \"without prejudice to any other means of compensation\"

William Stein
Costa Rica
Local time: 20:17
Native speaker of: Native in EnglishEnglish
PRO pts in pair: 1734
Grading comment
Thank you very much William - and "agreers"! I am really glad that you explained "w/o prejudice" too, as I have to admit that I wasn't sure exactly what it meant!

Peer comments on this answer (and responses from the answerer)
agree  swisstell: the unbeschadet part however: regardless of possible further legal obligations/liabilities
4 mins

agree  Steffen Walter: without prejudice to *any other* means of compensation
53 mins
  -> good point

agree  D D (X)
57 mins

agree  Stefan Simko
15 hrs
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