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English translation: typo - 'deliver' should be 'delivery'

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01:47 Feb 22, 2009
English to English translations [PRO]
Law/Patents - Law: Contract(s) / Distribution Agreement
English term or phrase: Help with the sentence
Appointment and Precedent Conditions

...

The Distributor undertakes its obligations and performance under this Agreement in consideration of the profits to be generated from the margin obtained in the procurement of "Devices" from the manufacturers and sale and deliver to the Sales Channel, without any costs, fees and/or expenses etc to XXX, unless agreed upon in writing by the Parties.

Dear friends,

I am sorry for asking something other than a term question but this is one is urgent.

I need help with this sentence. Is there anything wrong with or missing in the sentence? I can't link "undertakes" with "deliver", or, should I? Any help will be much appreciated.
Cagdas Karatas
Turkey
Local time: 05:51
English translation:typo - 'deliver' should be 'delivery'
Explanation:
It makes sense if you add a 'y' to deliver (verb) to make 'delivery' (noun).
Selected response from:

Robin Levey
Chile
Local time: 23:51
Grading comment
Thank you so much!
4 KudoZ points were awarded for this answer

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Summary of answers provided
4 +3typo - 'deliver' should be 'delivery'
Robin Levey
5as below
Gary D
3re-word
Demi Ebrite


  

Answers


12 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +3
help with the sentence
typo - 'deliver' should be 'delivery'


Explanation:
It makes sense if you add a 'y' to deliver (verb) to make 'delivery' (noun).

Robin Levey
Chile
Local time: 23:51
Native speaker of: Native in EnglishEnglish
PRO pts in category: 24
Grading comment
Thank you so much!

Peer comments on this answer (and responses from the answerer)
agree  Jack Doughty
5 hrs

agree  Ken Cox: for the sake of the asker, the margin is the difference between the cost of procuring the devices from the manufacturer and the revenue from selling and delivering them to the sales channel.
9 hrs

agree  Lalit Sati
11 hrs
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2 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5
help with the sentence
re-word


Explanation:

The Distributor *will perform all obligations and actions* under this Agreement, in consideration of the profits to be generated from the margin obtained in the procurement of "Devices" from the manufacturers, [and sales?], and deliver to the Sales Channel, without any costs, fees, and/or expenses etc to XXX, unless agreed upon in writing by the Parties.

I find the use of [and sales] inserted in this manner to be confusing.

I hope I am right in thinking that the agreement is for a distributor to handle a function in the supply chain of these devices, and must agree do so without any cost to XXX. The profit to the distributor will be from a margin obtained from an agreement with the manufacturer of the 'devices'.


Demi Ebrite
United States
Local time: 21:51
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 4
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3 hrs   confidence: Answerer confidence 5/5
help with the sentence
as below


Explanation:
Under the terms of this agreement, the distributor agrees to the obligations and ‎performance requirements as set down within this agreement. The distributor also agrees ‎that all handling and shipping fees associated with the procurement, sale and or delivery ‎of products between the manufacturer and the sales channel, are the sole responsibility of ‎the distributor, unless written prior agreement has been agreed upon between XXX and ‎the distributor.

Explanation:
"consideration of the profits to be generated from the margin obtained in the procurement ‎of "Devices" ‎

What if there were no profits? then XXX would be liable for all costs under the original agreement. This would be the written agreement clearing the distributor of these costs when there are no profits or if the distributor goes bankrupt.

As well as this, the whole sentence would leave XXX open to all costs and I am sure this sentence would never stand up in court.

I have rewritten it for you....BUT you will have to have the company lawyer check it to ensure this is what XXX wanted.

I wouldn't use "Devices" only Products or equipment, but Products covers not only the product (device) but also all the sales material, warranty, phone calls, Mail, and just about every thing else. Device, will only cover one product.

***disclaimers are in place... This is not legal advice, and can only be deemed general in nature, the use of this advice or sentence is entirely up to the asker.

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Note added at 19 hrs (2009-02-22 21:30:05 GMT)
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I just read this in a new day, Did you want the distributor to be the Logistics company? The way I read yours,( it could be either way), the distributor is the manufactures agent.

Gary D
Local time: 12:51
Native speaker of: Native in EnglishEnglish
PRO pts in category: 32

Peer comments on this answer (and responses from the answerer)
neutral  Robin Levey: Thank you for confirming that 'deliver' in the original text is a typo, and that it should be 'delivery'. Apart from that correction, all your rewording is superfluous and, as you say yourself, may deviate from the intended meaning.
6 hrs
  -> Thank you.
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