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07:54 Nov 28, 2008
English to Romanian translations [PRO]
Bus/Financial - Real Estate
Additional field(s): Business/Commerce (general), Law: Contract(s)
English term or phrase: as is
Definition from Wikipedia:
As is is a legal term used to disclaim some implied warranties for an item being sold. Certain types of implied warranties must be specifically disclaimed, such as the implied warranty of title. "As is" denotes that the seller is selling, and the buyer is buying an item in whatever condition it presently exists, and that the buyer is accepting the item "with all faults", whether or not immediately apparent.

Example sentence(s):
  • In both new and used product sales, the manufacturer or seller may attempt to avoid the implied warranty of merchantability by either limiting it or disclaiming it entirely with an AS IS clause. FreeAdvice
  • If you bought a car as is, it means that you accepted it with all its faults. Any post-sale defects are your problem. A car may be sold as is through a dealer or a private person. The implied warranty of merchantability does not automatically arise in as-is purchases. FindLaw, a Thomson Reuters business
  • Using such language as "This property is sold as is" in a sales contract will probably not relieve the seller and the licensee from responsibility for material defects. Georgia Real Estate Commission
Glossary-building KudoZ




This question was created by:
Enrique
Enrique
Argentina


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Summary of translations provided
5ca atare, aşa cum sunt, în starea în care se află (despre mărfuri fără garanţie)
Nina Iordache


Discussion entries: 2





  

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50 mins   confidence: Answerer confidence 5/5
ca atare, aşa cum sunt, în starea în care se află (despre mărfuri fără garanţie)


Definition from Wikipedia:
As is (or as-is) is a legal term and concept used to disclaim liability for an item being sold. "As-is" denotes that the seller is selling, and the buyer is buying an item in whatever condition it presently exists, and that the buyer is accepting the item "with all faults", whether or not immediately apparent. This is the classic "buyer beware" situation, where the careful buyer should take the time to examine the item before accepting it, or obtain expert advice. Oddly, the seller is also saddled with "as-is" if the item being sold turns out to be much more valuable than thought.

On the other hand, if the item is misrepresented, then this disclaimer may be an ineffective defense. In other words, it may be purchased "as-is", but the buyer is stuck with it only if it substantially conforms to what the seller claimed it to be (an express warranty or representation may override a general express disclaimer).

A seller of a used automobile, for example, sells his car to a buyer, and puts into the contract of sale, the statement: "The buyer accepts the automobile AS-IS, WITH ALL FAULTS". Two minutes after the buyer drives off with his shiny '87 Honda Accord, the engine seizes, and the car stalls. Unless the buyer can show that there was some fraud involved in making the sale (maybe it is actually a mismarked 1976 Gremlin), he is stuck with the car without any recourse to return the car to the seller, or to get his money back. This would be a specific example where fraud in the inducement could outweigh anything in the contract, express or implied: it simply doesn't matter what disclaimer or limitations may be found in the contract, if the contract is void (or voidable) for any reason.

Disgruntled buyers of real estate, and their respective improvements, may be faced with other complicated property law issues if a deed is conveyed as a result of a contract with an "as-is" clause.

Example sentence(s):
  • Prin aceasta clauza se intelege ca pretul convenit se refera la calitatea marfii ca atare, fara a se face corecturi ulterioare ale pretului. - WEB PORTAL SYSTEM, FERMIERUL  
  • SITE-UL, MATERIALELE DE PE SITE ŞI SOFTWARE-UL, DACĂ ESTE CAZUL, SUNT FUNRIZATE "AS IS" [condiţie de livrare a mărfii "ca atare"], - AXN/HOUSE  
  • Pentru suprafetele poroase poate fi necesara si aplicarea unui al 3-lea strat, astfel incat consumul mediu de grund sa fie de cca. 100 g/m2 – produs ca atare. - KOEBER  

Explanation:
Poate fi vorba si despre obiecte second hand vandute ca atare/in starea in care se afla/fara garantia/garantarea calitatii sau duratei lor de viata/de folosire.
Nina Iordache
Romania
Local time: 00:40
Native speaker of: Native in RomanianRomanian
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