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subsistant à

English translation: remaining unresolved at the time of

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
French term or phrase:subsistant à
English translation:remaining unresolved at the time of
Entered by: William Stein

18:59 Jan 25, 2003
French to English translations [PRO]
Law/Patents / utility, legal
French term or phrase: subsistant à
Insurance terms for a utility company. This phrase is taken from an exclusion clause re comprehensive breakage cover:

"les dommages et leurs cons!quences trouvant leurs origines dans des reserves ou problèmes subsistant à la réception, tant qu'ils n'auront pas été levés".

Help with the whole phrase would be much appreciated! Thank you.
Sarah Pearman
United Kingdom
Local time: 00:23
I'd rephrase it: reservations or problems that remain unresolved at the time acceptance,
Explanation:
damages or the consequences thereof arising from reservations or problems remaining unresolved at the time of acceptance.
In other words, if the buyer accepts the contractual goods or services with certain reservations, i.e. I'll accept on the condition that you fix this problem, and the seller never fixes it, any resulting damage will not be covered by the insurance.


This is just a note to clarify the difference between "reserves" and "reservations", since my use of the term was criticized in a previous answer:
Black's LawDictionary:
Reservation:
The establishment of a limiting condition or qualification...

Merriam Webster's:
Main Entry: res·er·va·tion
Pronunciation: "re-z&r-'vA-sh&n
Function: noun
Date: 15th century
1 : an act of reserving something: as a (1) : the act or fact of a grantor's reserving some newly created thing out of the thing granted (2) : the right or interest so reserved b : the setting of limiting conditions or withholding from complete exposition <answered without reservation>




--------------------------------------------------
Note added at 2003-01-25 20:23:52 (GMT)
--------------------------------------------------

For example:
No one is authorized to alter, modify or enlarge this warranty nor the exclusion, limitations and reservations.
Selected response from:

William Stein
Costa Rica
Local time: 17:23
Grading comment
Many thanks for such a detailed explanation.
Sarah
4 KudoZ points were awarded for this answer



Summary of answers provided
5 +2there/observed at the time of
Bourth (X)
4damages and the consequences thereof deriving from reserves or problems persisting upon receipt,...
Marian Greenfield
4Still extant at
Shog Imas
4I'd rephrase it: reservations or problems that remain unresolved at the time acceptance,
William Stein
3damages and their consequences stemming from ongoing / continuing reserves or problems
JH Trads


  

Answers


4 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5
damages and their consequences stemming from ongoing / continuing reserves or problems


Explanation:
at the time of reception, as long as they have not been dealt with / removed

JH Trads
United States
Local time: 19:23
Native speaker of: Native in SpanishSpanish, Native in FrenchFrench
PRO pts in pair: 673
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27 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5
damages and the consequences thereof deriving from reserves or problems persisting upon receipt,...


Explanation:
... the the extent they have not be withdrawn

per Bridge, lever is to withdraw a reservation

Marian Greenfield
Local time: 19:23
Native speaker of: Native in EnglishEnglish
PRO pts in pair: 1518
Login to enter a peer comment (or grade)

51 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5
Still extant at


Explanation:
Still extant = remaining, existing, subsisting.

Shog Imas
Canada
Local time: 19:23
Native speaker of: Native in EnglishEnglish, Native in FrenchFrench
PRO pts in pair: 134
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1 hr   confidence: Answerer confidence 5/5 peer agreement (net): +2
there/observed at the time of


Explanation:
damage and any consequences thereof arising out of situations regarding which reservations were expressed and/or problems/defects observed at the time of acceptance/handover, in so far as said reservations and/or problems have not been made good/rectified/corrected

Bourth (X)
Local time: 01:23
Native speaker of: Native in EnglishEnglish
PRO pts in pair: 18679

Peer comments on this answer (and responses from the answerer)
agree  Shog Imas: Yes: still there
8 mins
agree  cjohnstone
14 hrs
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1 hr   confidence: Answerer confidence 4/5Answerer confidence 4/5
I'd rephrase it: reservations or problems that remain unresolved at the time acceptance,


Explanation:
damages or the consequences thereof arising from reservations or problems remaining unresolved at the time of acceptance.
In other words, if the buyer accepts the contractual goods or services with certain reservations, i.e. I'll accept on the condition that you fix this problem, and the seller never fixes it, any resulting damage will not be covered by the insurance.


This is just a note to clarify the difference between "reserves" and "reservations", since my use of the term was criticized in a previous answer:
Black's LawDictionary:
Reservation:
The establishment of a limiting condition or qualification...

Merriam Webster's:
Main Entry: res·er·va·tion
Pronunciation: "re-z&r-'vA-sh&n
Function: noun
Date: 15th century
1 : an act of reserving something: as a (1) : the act or fact of a grantor's reserving some newly created thing out of the thing granted (2) : the right or interest so reserved b : the setting of limiting conditions or withholding from complete exposition <answered without reservation>




--------------------------------------------------
Note added at 2003-01-25 20:23:52 (GMT)
--------------------------------------------------

For example:
No one is authorized to alter, modify or enlarge this warranty nor the exclusion, limitations and reservations.


William Stein
Costa Rica
Local time: 17:23
Native speaker of: Native in EnglishEnglish
PRO pts in pair: 1737
Grading comment
Many thanks for such a detailed explanation.
Sarah
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