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klarstellend wird darauf hingewiesen

English translation: Another slant - contract law is changing!

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12:39 Dec 7, 2004
German to English translations [PRO]
Law/Patents - Law: Contract(s)
German term or phrase: klarstellend wird darauf hingewiesen
"**KLARSTELLEND WIRD DARAUF HINGEWIESEN**, DASS VORSTEHENDE HAF-TUNGSBESCHRÄNKUNGEN GEMÄSS § 10 UND § 11 IN KEINEM FALL DIE GESETZ-LICHEN ANSPRÜCHE NACH DEM PRODUKTHAFTUNGSGESETZ EINSCHRÄNKEN"

"The parties note that ..." ? Or is there another way around the passive problem ?
xxxFrancis Lee
Local time: 03:53
English translation:Another slant - contract law is changing!
Explanation:
I see little benefit in using standard phrases. They should not simply be adopted uncritically. Nor do I see what such a phrase is doing in a contract at all.

Surely a contract should be sufficiently clearly drafted so that no doubt arises in the first place!

However this is not a case of an unclear contractual term, but of a possible conflict between what is written in the contract and the law. (In other words freedom of contract does not apply here as the Product Liability Act prevails.)

This is where the possible misunderstanding may arise.

Therefore I would propose:

To avoid any misunderstanding it is understood that the above limitation clauses (10 and 11) in no way restrict the statutory rights afforded by the Product Liability Act.

Note:
An exemption clause seeks to exclude liability

A limitation clause seeks to limit liability.

Whether they are lawful or not is another matter!
Selected response from:

Anne Gillard-Groddeck
Local time: 03:53
Grading comment
Thanks for the input - yours was the most helpful!
3 KudoZ points were awarded for this answer

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Summary of answers provided
3 +6for the avoidance of doubtKieran McCann
5 +2For the avoidance of doubtBeate Lutzebaeck
4 +1Another slant - contract law is changing!Anne Gillard-Groddeck
4I'd simply saygangels


Discussion entries: 2





  

Answers


8 mins   confidence: Answerer confidence 5/5 peer agreement (net): +2
KLARSTELLEND WIRD DARAUF HINGEWIESEN
For the avoidance of doubt


Explanation:
For the avoidance of doubt, the above limitiations of liability pursuant to Clauses 10 and 11 hereof do not limit any statutory claims under the German Product Liability Act (Produkthaftungsgesetz) in any way whatsoever.

"For the avoidance of doubt" is standard legal phraseology and the exact equivalent of the German phrase, which is also a standard (although not used quite as frequently as the English).

Beate Lutzebaeck
New Zealand
Local time: 13:53
Specializes in field
Native speaker of: Native in GermanGerman, Native in EnglishEnglish
PRO pts in category: 222

Peer comments on this answer (and responses from the answerer)
agree  Kim Metzger: Good to see you around again, Beate.
34 mins

agree  innsbruck
1 hr
Login to enter a peer comment (or grade)

22 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5
I'd simply say


Explanation:
The parties agree (or are in agreement)

or As a stipulation, the parties affirm etc

or For purposes of clarification, it is understood that etc

gangels
Local time: 19:53
Specializes in field
Native speaker of: Native in EnglishEnglish, Native in GermanGerman
PRO pts in category: 321

Peer comments on this answer (and responses from the answerer)
agree  Paola Gatto
13 mins

disagree  Kim Metzger: But there's a reason for precision in legal translations.
22 mins
  -> Hey, pal, if you ever agreed with me on anything, I'd get worried
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1 hr   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
Another slant - contract law is changing!


Explanation:
I see little benefit in using standard phrases. They should not simply be adopted uncritically. Nor do I see what such a phrase is doing in a contract at all.

Surely a contract should be sufficiently clearly drafted so that no doubt arises in the first place!

However this is not a case of an unclear contractual term, but of a possible conflict between what is written in the contract and the law. (In other words freedom of contract does not apply here as the Product Liability Act prevails.)

This is where the possible misunderstanding may arise.

Therefore I would propose:

To avoid any misunderstanding it is understood that the above limitation clauses (10 and 11) in no way restrict the statutory rights afforded by the Product Liability Act.

Note:
An exemption clause seeks to exclude liability

A limitation clause seeks to limit liability.

Whether they are lawful or not is another matter!

Anne Gillard-Groddeck
Local time: 03:53
Works in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 39
Grading comment
Thanks for the input - yours was the most helpful!

Peer comments on this answer (and responses from the answerer)
agree  gangels
14 mins
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3 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): +6
KLARSTELLEND WIRD DARAUF HINGEWIESEN
for the avoidance of doubt


Explanation:
...it is expressly stated that...

--------------------------------------------------
Note added at 2 hrs 46 mins (2004-12-07 15:26:11 GMT)
--------------------------------------------------

thank y\'all

Kieran McCann
United Kingdom
Local time: 02:53
Works in field
Native speaker of: English
PRO pts in category: 103

Peer comments on this answer (and responses from the answerer)
agree  innsbruck: absolutely!
2 mins

agree  Steffen Walter
3 mins

agree  Tamara Ferencak
24 mins

agree  Kim Metzger
39 mins

agree  Dipl.-Kfm. Bernhard Aicher MBA
42 mins

agree  Ian M-H
52 mins
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