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  3. Law: Contract(s)

Freiheit von Einreden und Einwendungen

English translation: undisputed

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
German term or phrase:Freiheit von Einreden und Einwendungen
English translation:undisputed
Entered by: Heike Behl, Ph.D.

23:51 Jul 1, 2003
German to English translations [PRO]
Bus/Financial - Law: Contract(s) / purchase of accounts receivable
German term or phrase: Freiheit von Einreden und Einwendungen
Der Anbieter haftet für Bestand, Abtretbarkeit und Freiheit von Einreden und Einwendungen der verkauften Forderungen bis zu deren Erfüllung.

Company XXX buys the accounts from the Provider.

Any help with this whole sentence will be greatly appreciated! ;-)

TIA
Heike Behl, Ph.D.
Ireland
Local time: 00:18
Customer warrants that
Explanation:
the purchased receivables (compare: non-purchased receivables) are viable, freely assignable, and undisputed, and shall remain so until fully settled.

Just did one of these factoring agreements. I wouldn't get hung up on "Anbieter." To the factor, the party in question is a customer, its customers debtors, and since the agreement will have been drafted by the factor, that's the only vantage point that matters. Also, "Einreden u. Einwendungen" may tempt you to some language about defenses and counterclaims, but "disputed" covers it. It's all the factor cares about. Elsewhere in the doc it probably says that Customer must inform Factor promptly of any dispute that arises later, so the warranty is not iron-clad.


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Note added at 2003-07-02 03:22:22 (GMT)
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The \"Anbieter\" business comes up because the customer has to promise to offer the receivables for purchase as they accrue.
Selected response from:

Maureen Holm, J.D., LL.M.
United States
Local time: 19:18
Grading comment
Thank you so much! "Undisputed" is perfect! ;-)
Actually, my "Anbieter" is a provider, since the main contract is about providing online services.
4 KudoZ points were awarded for this answer



Summary of answers provided
4 +2Customer warrants that
Maureen Holm, J.D., LL.M.
3The bidder is liable for existance, transferability
Gisela Greenlee


  

Answers


2 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5
The bidder is liable for existance, transferability


Explanation:
The bidder is liable for existence, transferability and absence of exceptions and objections to the accounts receivable sold, until completion.

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Note added at 2003-07-02 02:57:44 (GMT)
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Offering party or selling party might be a better choice than bidder.

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Note added at 2003-07-02 03:10:19 (GMT)
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Offering party or selling party might be a better choice than bidder.

Gisela Greenlee
Local time: 18:18
Native speaker of: German
PRO pts in category: 32
Login to enter a peer comment (or grade)

3 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +2
Customer warrants that


Explanation:
the purchased receivables (compare: non-purchased receivables) are viable, freely assignable, and undisputed, and shall remain so until fully settled.

Just did one of these factoring agreements. I wouldn't get hung up on "Anbieter." To the factor, the party in question is a customer, its customers debtors, and since the agreement will have been drafted by the factor, that's the only vantage point that matters. Also, "Einreden u. Einwendungen" may tempt you to some language about defenses and counterclaims, but "disputed" covers it. It's all the factor cares about. Elsewhere in the doc it probably says that Customer must inform Factor promptly of any dispute that arises later, so the warranty is not iron-clad.


--------------------------------------------------
Note added at 2003-07-02 03:22:22 (GMT)
--------------------------------------------------

The \"Anbieter\" business comes up because the customer has to promise to offer the receivables for purchase as they accrue.


Maureen Holm, J.D., LL.M.
United States
Local time: 19:18
Native speaker of: Native in EnglishEnglish
PRO pts in category: 68
Grading comment
Thank you so much! "Undisputed" is perfect! ;-)
Actually, my "Anbieter" is a provider, since the main contract is about providing online services.

Peer comments on this answer (and responses from the answerer)
agree  writeaway
2 hrs
agree  gangels (X): 'Anbieter' generally is the 'vendor', though
11 hrs
  -> Good catch, Klaus. Vendor probably preferable to Provider.
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