https://www.proz.com/kudoz/german-to-english/law-patents/341211-help-wit-a-sentence-please.html

Help wit a sentence, please.

English translation: see sentence below

20:29 Jan 12, 2003
German to English translations [PRO]
Law/Patents
German term or phrase: Help wit a sentence, please.
From financial statements: Für die Durchführung des Auftrages und unsere verantwortlichkeit wurde zwischen den Vertragsparteien ausgehandelt, dass die haftung für Schadenersatzansprüche jeder Art, sei es aus Einzel- oder Gesamtschuldnerschaft, während der Vertragslaufzeit auf..... begrenzt ist.
Dr.G.MD (X)
Local time: 14:06
English translation:see sentence below
Explanation:
For the purposes of execution of the order and our liability /responsibility, the contractual parties agreed that liability arising from any claims for damages, for both several and joint and several debtors, is limited to ... during the term of the contract.

you may be able to say
"based on both several and joint and several liability"
and leave out the debtors

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Note added at 2003-01-13 08:40:41 (GMT)
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Concerning the disagree below:
my sentence can mean both temporal and monetary:

..., is limited to x $ during the term of the contract
...., is limited to 10 weeks during the term of the contract

depending on the source text
Selected response from:

Lydia Molea
Germany
Local time: 14:06
Grading comment
4 KudoZ points were awarded for this answer



Summary of answers provided
5limited [sic: during the contract term] to X (Betrag).
Maureen Holm, J.D., LL.M.
4see sentence below
Lydia Molea
3An attempt
Kim Metzger
3sentence
Anca Nitu


  

Answers


9 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5
see sentence below


Explanation:
For the purposes of execution of the order and our liability /responsibility, the contractual parties agreed that liability arising from any claims for damages, for both several and joint and several debtors, is limited to ... during the term of the contract.

you may be able to say
"based on both several and joint and several liability"
and leave out the debtors

--------------------------------------------------
Note added at 2003-01-13 08:40:41 (GMT)
--------------------------------------------------

Concerning the disagree below:
my sentence can mean both temporal and monetary:

..., is limited to x $ during the term of the contract
...., is limited to 10 weeks during the term of the contract

depending on the source text



    Dietl /Lorenz
Lydia Molea
Germany
Local time: 14:06
Native speaker of: German
PRO pts in pair: 443

Peer comments on this answer (and responses from the answerer)
disagree  Maureen Holm, J.D., LL.M.: limit is monetary, not temporal
5 hrs
  -> yes, exactly, my sentence: is limted to (x amount) during the term of the contract

agree  Petra Winter
13 hrs
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12 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5
An attempt


Explanation:
For the purpose of carrying out the contract and our responsibility, a settlement was negotiated between the contractual parties to the effect that liability for damages of any kind, whether for joint or several liability, is limited to ... the term of the contract.



    Dietl/Lorenz
Kim Metzger
Mexico
Local time: 06:06
Native speaker of: Native in EnglishEnglish
PRO pts in pair: 22192

Peer comments on this answer (and responses from the answerer)
disagree  Maureen Holm, J.D., LL.M.: limit is monetary, not temporal
5 hrs

agree  gangels (X): yes, but 'within the scope of our responsibilities'; 'contracting parties'; 'over the life of the contract'. Otherwise I like it
18 hrs
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23 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5
sentence


Explanation:
For the purpose of execution of the order and our responsibility, the Contracting Parties agreed that the liability for claims for compensation of any kind, whether from single or shared responsibility while on..... is limited to the contract term.

Anca Nitu
Local time: 08:06
Native speaker of: Native in RomanianRomanian
PRO pts in pair: 116
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5 hrs   confidence: Answerer confidence 5/5
limited [sic: during the contract term] to X (Betrag).


Explanation:
Suggested text: "The parties have worked out a deal whereby our responsibility for damage claims of whatever nature arising out of performance under the contract, whether based on joint or several liability, will be limited [sic: during the contract term] to X (Betrag)."

Explanation: The parties have, quite simply, negotiated a cap on damage recovery.
It is a misreading to conclude that damage claims are being limited here to the term of the contract per se. In fact, the most common scenario is that damage claims are made only after the contract has terminated, sometimes through mere expiration, but more commonly through termination for cause, namely, the breach thereof.
The author of this provision has introduced a pesky ambiguity by using the language, ‘during the contract term,’ but the intention is (at best) to exclude liability for post-contract consequential damages.
The joint/several liability wrinkle suggests that two parties are undertaking to supply a product or service as joint venture partners and contracting for delivery to and with a third.


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Note added at 2003-01-17 19:23:44 (GMT) Post-grading
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Sorry, but it makes no sense in the real world to suggest that liability is limited to 10 weeks or any other period. This is a monetary cap on damages, pure and simple.
And, no, one needn\'t say \"debtors\" because they aren\'t debtors until they\'re judgment debtors. The issue is liability, not debt.

Maureen Holm, J.D., LL.M.
United States
Local time: 08:06
Native speaker of: Native in EnglishEnglish
PRO pts in pair: 986
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