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Gefahrenübergang

English translation: place or time where/when risk is transferred to, passed to, assumed by or born by a different contracting party

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GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
German term or phrase:Gefahrenübergang
English translation:place or time where/when risk is transferred to, passed to, assumed by or born by a different contracting party
Entered by: Dan McCrosky
Options:
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- Include in personal glossary

12:59 May 15, 2002
German to English translations [Non-PRO]
Law/Patents - Business/Commerce (general) / business
German term or phrase: Gefahrenübergang
Die Gefahr geht auf den Auftraggeber über....
Claudia
to bear, to transfer, to pass, to assume risk
Explanation:


The most authoritative source for such terminology is probably the International Commercial Terms (Incoterms) - a codification of international rules for the uniform interpretation of common contract clauses in export/import transactions developed and issued by the International Chamber of Commerce (ICC):

http://www.eidinet.com/tb/icoterms.html

http://www.iccwbo.org/incoterms/preambles.asp

They usually speak of the "bearing" of risk rather than the "passing", "assuming" or "transferring", although I would personally prefer to use "passing", "assuming" or "transferring".

"… the buyer has to bear all costs and risks of loss of or damage to the goods from that moment …"

This usage is repeated in hundreds of glossaries on international shipping at:

http://www.google.com/search?q= "buyer has to bear "&num=100...

--------------------

Strangely enough, the "Eurotrade Import Network Export" below quotes incoterms repeatedly but likes to use "risk passes" when they discuss the subject themselves:

http://www.eurotradeconcept.nl/incoterms.htm

"… risk and responsibility pass from the seller to the buyer when the goods …"

--------------------

The World Bank also uses "risk passes":

http://www.worldbank.org/html/opr/procure/acronyms.html

"… seller's risk passes to the buyer when goods …"

--------------------

Soooooooooo, if your sentence reads OK with "The customer (buyer / principal / recipient / consignee) must (has to) bear the (all) risk (from that moment) (when) …" then fine.

If not, there are many (over 1300, including 390 .com and 100 .uk) reputable organizations which use "risk passes" so you would be in good company.

One very popular phrase, according to my Google English search results seems to be:

"The customer (buyer / principal / recipient / consignee) ASSUMES the (all) risk (from that moment) (when) …"

with over 2400 hits, however, the hit results contain many non-pertinent hits and I could not see any really high-powered authorities among them.

"Assumption of risk" also draws very many hits, over 19,000.

You might have a look at the lists below to see if any of the users of "assume" or "assumption" are from your customer's industry.

http://www.google.de/search?q="buyer assumes all risk"&hl=de...

http://www.google.de/search?hl=de&q="assumption of risk"&btn...

I would probably also use "assumes all risk" or "the assumption of all risk"

HTH

Dan
Selected response from:

Dan McCrosky
Local time: 15:19
Grading comment
4 KudoZ points were awarded for this answer

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Summary of answers provided
4 +4Any risk is passed on to the client
jerrie
4 +3passing risk
Kim Metzger
4 +2the risk is born by...Theo Bose
5...purchaser assumes all risk...hschl
4Transfer of riskChris Rowson
4bear : passChris Rowson
2at the peril of the employer
Dr Janine Manuel BSc BHB MBChB
1 +1to bear, to transfer, to pass, to assume riskDan McCrosky


  

Answers


5 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +2
the risk is born by...


Explanation:
the contractor

Theo Bose
Local time: 08:19
Specializes in field
Native speaker of: Native in GermanGerman
PRO pts in category: 6

Peer comments on this answer (and responses from the answerer)
agree  swisstell
1 min

neutral  Rod Darby: isn't 'contractor' = 'AuftragNEHMER'?
9 mins

agree  xxxbrute
1 hr

neutral  Trudy Peters: borne
2 hrs
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6 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +4
Any risk is passed on to the client


Explanation:
transfer/pass on risk to somebody else

or to turn it around

Somebody else accepts any element of risk in a venture

jerrie
United Kingdom
Local time: 14:19
Works in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 32

Peer comments on this answer (and responses from the answerer)
agree  Lydia Molea
5 mins
  -> Thanks

agree  Elvira Stoianov
7 mins
  -> Thanks

agree  Petra Winter
17 mins
  -> Thanks

agree  Terri Doerrzapf
1 hr
  -> Thanks
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8 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +3
passing risk


Explanation:
the risk passes to the principal/customer

Kim Metzger
Mexico
Local time: 08:19
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 824

Peer comments on this answer (and responses from the answerer)
agree  xxxdeufrang
0 min

agree  Rod Darby: Woywode gives *also* 'transfer of risk of loss'
8 mins
  -> My reference was Dietl/Lorenz

agree  Heather Starastin: Incoterms talk about the passing of risk
1 hr
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9 mins   confidence: Answerer confidence 2/5Answerer confidence 2/5
at the peril of the employer


Explanation:
just a suggestion

Dr Janine Manuel BSc BHB MBChB
New Zealand
Local time: 01:19
Native speaker of: Native in EnglishEnglish
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13 mins   confidence: Answerer confidence 5/5
...purchaser assumes all risk...


Explanation:
usually used at acceptance of technical machinery

--------------------------------------------------
Note added at 2002-05-15 13:14:03 (GMT)
--------------------------------------------------

add:

...purchaser assumes all risk at point of...

hschl
Local time: 15:19
Works in field
Native speaker of: Native in GermanGerman
PRO pts in category: 12
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20 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5
Transfer of risk


Explanation:
The risk transfers to the Client ...

Chris Rowson
Local time: 15:19
Works in field
Native speaker of: Native in EnglishEnglish
Login to enter a peer comment (or grade)

1 hr   confidence: Answerer confidence 1/5Answerer confidence 1/5 peer agreement (net): +1
to bear, to transfer, to pass, to assume risk


Explanation:


The most authoritative source for such terminology is probably the International Commercial Terms (Incoterms) - a codification of international rules for the uniform interpretation of common contract clauses in export/import transactions developed and issued by the International Chamber of Commerce (ICC):

http://www.eidinet.com/tb/icoterms.html

http://www.iccwbo.org/incoterms/preambles.asp

They usually speak of the "bearing" of risk rather than the "passing", "assuming" or "transferring", although I would personally prefer to use "passing", "assuming" or "transferring".

"… the buyer has to bear all costs and risks of loss of or damage to the goods from that moment …"

This usage is repeated in hundreds of glossaries on international shipping at:

http://www.google.com/search?q= "buyer has to bear "&num=100...

--------------------

Strangely enough, the "Eurotrade Import Network Export" below quotes incoterms repeatedly but likes to use "risk passes" when they discuss the subject themselves:

http://www.eurotradeconcept.nl/incoterms.htm

"… risk and responsibility pass from the seller to the buyer when the goods …"

--------------------

The World Bank also uses "risk passes":

http://www.worldbank.org/html/opr/procure/acronyms.html

"… seller's risk passes to the buyer when goods …"

--------------------

Soooooooooo, if your sentence reads OK with "The customer (buyer / principal / recipient / consignee) must (has to) bear the (all) risk (from that moment) (when) …" then fine.

If not, there are many (over 1300, including 390 .com and 100 .uk) reputable organizations which use "risk passes" so you would be in good company.

One very popular phrase, according to my Google English search results seems to be:

"The customer (buyer / principal / recipient / consignee) ASSUMES the (all) risk (from that moment) (when) …"

with over 2400 hits, however, the hit results contain many non-pertinent hits and I could not see any really high-powered authorities among them.

"Assumption of risk" also draws very many hits, over 19,000.

You might have a look at the lists below to see if any of the users of "assume" or "assumption" are from your customer's industry.

http://www.google.de/search?q="buyer assumes all risk"&hl=de...

http://www.google.de/search?hl=de&q="assumption of risk"&btn...

I would probably also use "assumes all risk" or "the assumption of all risk"

HTH

Dan


Dan McCrosky
Local time: 15:19
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 27

Peer comments on this answer (and responses from the answerer)
agree  Kim Metzger: Dan, I went to the 2 ICC sites you listed but can only find 13 terms related to shipping. Where is the rest?
1 hr
  -> I found 290 sites containing the same wording as the ICC. Most seemed to be lists of shipping terms or glossaries.
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21 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
bear : pass


Explanation:
Bearing and passing of risk are two different, though closely related concepts. One party bears the risk - until it passes to the other, who then bears it. These correspond to the German "tragen" and "übertragen"/"Übergabe".

The form "X assumes the risk" bundles the two concepts: the risk is passed to X and he bears it from then on. This is in any case implicit in "The risk passes to X".

Chris Rowson
Local time: 15:19
Works in field
Native speaker of: Native in EnglishEnglish
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