Proportionate crediting

English translation: issuing a credit that is pro rated based on the time that maintenance services ...

05:44 Dec 14, 2007
English language (monolingual) [PRO]
Law/Patents - Law: Contract(s)
English term or phrase: Proportionate crediting
"Principal informs Contractor in writing of any improper maintenance. The scope of the guarantee granted in preceding sub-clause includes the proper performance of maintenance initially performed improperly or, such at Contractor’s discretion, dissolution in whole or in part, without judicial intervention, of the agreement concluded with Principal in so far as said agreement is binding in terms of intended maintenance in combination with proportionate crediting."

What is the meaning of "proportionate crediting" in above context ? I am wondering if the vocabularies and wordings the author commanded are right and not somewhat different from usual way of English expression.
jomo
South Korea
Local time: 04:06
Selected answer:issuing a credit that is pro rated based on the time that maintenance services ...
Explanation:
I.e., "issuing a credit that is pro rated based on the time that maintenance services remain improperly performed or are withdrawn"

I read the passage this way:

1. Principal informs Contractor in writing of any improper maintenance.

2. The scope of the guarantee granted in preceding sub-clause includes

a. the proper performance of maintenance initially performed improperly,
OR
b. [such] at Contractor’s discretion, dissolution in whole or in part, without judicial intervention, of the agreement concluded with Principal (in so far as said agreement is binding in terms of intended maintenance)

IN COMBINATION WITH proportionate crediting."

Which is to say that if maintenance is done improperly the Contractor has the choice either to perform it properly or to withdraw from the maintenance contract so that he is no longer bound by any terms regarding maintenance (and he can withdraw without having to go to court) BUT HE ALSO MUST pay the Principal for the period that the services were not rendered properly (in the case of improper performance) or rendered at all (in the case of early termination of the maintenance contract).

Of course, the Contractor may not be a "he". More likely the Contractor is an "it". But it's easier to explain using "he".

I debated whether the credit would apply only to option B, but then in either case the Principal would want to be compensated for downtime or nonperformance.
Selected response from:

Deborah Workman
United States
Local time: 15:36
Grading comment
Thank you very much !
4 KudoZ points were awarded for this answer



SUMMARY OF ALL EXPLANATIONS PROVIDED
5issuing a credit that is pro rated based on the time that maintenance services ...
Deborah Workman
4add money to the party's account appropriately based on what is owed
conejo


Discussion entries: 2





  

Answers


2 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
proportionate crediting
add money to the party's account appropriately based on what is owed


Explanation:
It's hard to tell what is going on in this context, that is for sure. I am not really sure why one or both of the parties are credited.

However, the meaning of "credited" in this case is as follows.
For example, if Party A performed a service, his account might be credited with a +$500 balance for services performed. "Crediting" is adding money to an account or to a balance.

So, the party to be credited will have money added to his account, proportionate to what the money is being credited for. If the person performed $500 worth of services, the person's account should be credited for $500. That's all this means.

So "add money to the party's account appropriately based on what is owed" is a fair explanation of this, I think.



conejo
United States
Local time: 14:36
Specializes in field
Native speaker of: English
PRO pts in category: 4
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20 hrs   confidence: Answerer confidence 5/5
proportionate crediting
issuing a credit that is pro rated based on the time that maintenance services ...


Explanation:
I.e., "issuing a credit that is pro rated based on the time that maintenance services remain improperly performed or are withdrawn"

I read the passage this way:

1. Principal informs Contractor in writing of any improper maintenance.

2. The scope of the guarantee granted in preceding sub-clause includes

a. the proper performance of maintenance initially performed improperly,
OR
b. [such] at Contractor’s discretion, dissolution in whole or in part, without judicial intervention, of the agreement concluded with Principal (in so far as said agreement is binding in terms of intended maintenance)

IN COMBINATION WITH proportionate crediting."

Which is to say that if maintenance is done improperly the Contractor has the choice either to perform it properly or to withdraw from the maintenance contract so that he is no longer bound by any terms regarding maintenance (and he can withdraw without having to go to court) BUT HE ALSO MUST pay the Principal for the period that the services were not rendered properly (in the case of improper performance) or rendered at all (in the case of early termination of the maintenance contract).

Of course, the Contractor may not be a "he". More likely the Contractor is an "it". But it's easier to explain using "he".

I debated whether the credit would apply only to option B, but then in either case the Principal would want to be compensated for downtime or nonperformance.

Deborah Workman
United States
Local time: 15:36
Works in field
Native speaker of: English
PRO pts in category: 24
Grading comment
Thank you very much !
Login to enter a peer comment (or grade)



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