KudoZ home » German to English » Law: Contract(s)

Dies vorausgeschickt vereinbaren die Parteien folgendes:

English translation: See below

Advertisement

Login or register (free and only takes a few minutes) to participate in this question.

You will also have access to many other tools and opportunities designed for those who have language-related jobs
(or are passionate about them). Participation is free and the site has a strict confidentiality policy.
14:35 Aug 16, 2000
German to English translations [PRO]
Law/Patents - Law: Contract(s)
German term or phrase: Dies vorausgeschickt vereinbaren die Parteien folgendes:
I am looking for an eloquent way to express the "dies vorausgeschickt" that comes at the end of a preamble to an agreement.
Cami Townsend
English translation:See below
Explanation:
This really depends on your translation of the preamble. If you have used: Witnessth and whereas, then the final sentence is usually "NOW, THEREFORE the parties agree as follows:" For example:

WITNESSETH:

WHEREAS, ABC has entered into negotiations with Mr. YYY, who is the
registered owner of certain filed applications for patents and know-how relating to XXX;

WHEREAS, Mr. YYY has assigned ABC the rights for the production, marketing, use and distribution of the aforesaid patents and patent rights;

WHEREAS, ABC EUROPE GmbH is the licensee of XXX Technology for the licence area of Europe, Turkey and the former Soviet Union;

WHEREAS, ABC EUROPE GmbH has the exclusive rights for sale, production and further development of XXX in the licence area;

WHEREAS, ABC EUROPE GmbH has the option for all further developments and applications of XXX Technology;

WHEREAS, Interested Party is interested in getting closely acquainted with XXX Technology and in scrutinizing the marketing and production potentials of XXX technology.

WHEREAS, Interested Party undertakes the commitment not to infringe on ABC’s patent rights and/or patent applications—nor to challenge ABC’s applications for patents and/or patents; nor to institute nullity action against these patents and/or patent applications, either directly or through third parties, never to copy or produce the XXX, the XXX System and/or similar procedures based on them without a licence agreement or without obtaining permission in writing by ABC.

NOW, THEREFORE, in consideration of the premises and of the mutual covenants herein contained the parties hereto agree as follows:
Good luck!!!
Selected response from:

Anthony Frey
United States
Local time: 15:18
Grading comment
Thank you to all who responded. Your answers (and added comments) were very helpful. I have seen the word "Preamble" used in contracts published on the web, but that certainly doesn't mean that the usage is standard. Thanks again!
4 KudoZ points were awarded for this answer

Advertisement


Summary of answers provided
naSee below
Anthony Frey
naconfirmation for the first two answersDan McCrosky
naSee below
Anthony Frey
naHaving said this
Dr. Sahib Bleher


  

Answers


8 mins
Having said this


Explanation:
Having said this the parties agree as follows.


    Langenscheidt Grosswoerterbuch
Dr. Sahib Bleher
Local time: 20:18
Specializes in field
Native speaker of: Native in GermanGerman
PRO pts in category: 4
Login to enter a peer comment (or grade)

10 mins
See below


Explanation:
This really depends on your translation of the preamble. If you have used: Witnessth and whereas, then the final sentence is usually "NOW, THEREFORE the parties agree as follows:" For example:

WITNESSETH:

WHEREAS, ABC has entered into negotiations with Mr. YYY, who is the
registered owner of certain filed applications for patents and know-how relating to XXX;

WHEREAS, Mr. YYY has assigned ABC the rights for the production, marketing, use and distribution of the aforesaid patents and patent rights;

WHEREAS, ABC EUROPE GmbH is the licensee of XXX Technology for the licence area of Europe, Turkey and the former Soviet Union;

WHEREAS, ABC EUROPE GmbH has the exclusive rights for sale, production and further development of XXX in the licence area;

WHEREAS, ABC EUROPE GmbH has the option for all further developments and applications of XXX Technology;

WHEREAS, Interested Party is interested in getting closely acquainted with XXX Technology and in scrutinizing the marketing and production potentials of XXX technology.

WHEREAS, Interested Party undertakes the commitment not to infringe on ABC’s patent rights and/or patent applications—nor to challenge ABC’s applications for patents and/or patents; nor to institute nullity action against these patents and/or patent applications, either directly or through third parties, never to copy or produce the XXX, the XXX System and/or similar procedures based on them without a licence agreement or without obtaining permission in writing by ABC.

NOW, THEREFORE, in consideration of the premises and of the mutual covenants herein contained the parties hereto agree as follows:
Good luck!!!

Anthony Frey
United States
Local time: 15:18
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 4
Grading comment
Thank you to all who responded. Your answers (and added comments) were very helpful. I have seen the word "Preamble" used in contracts published on the web, but that certainly doesn't mean that the usage is standard. Thanks again!
Login to enter a peer comment (or grade)

9 hrs
confirmation for the first two answers


Explanation:
Here are other good examples of Leipzig's format:

http://gcc.ca/Political-Issues/jbnqa/complementary_agreement...

http://www.sec.gov/Archives/edgar/data/1022581/0001022581-97...

If, for some reason, this format is not to be used, the following alternatives to Bleher's suggestion might also be possible:

"…having accepted/read/cognizance of/understood/knowledge of/stated/said the foregoing, the parties do hereby agree to the following…"

- HTH - Dan


Dan McCrosky
Local time: 21:18
Native speaker of: Native in EnglishEnglish
PRO pts in category: 24
Login to enter a peer comment (or grade)

16 hrs
See below


Explanation:
Cami, I am sure this is something you are aware of, but to be certain: Praeambel, as in German, is rarely rendered as Preamble in English contracts. I cannot however say with 100% certainty "never". I have a CD ROM collection of sample agreements, which offer various solutions for this paragraph, i.e. the one I mentioned and that of Bleher and Dan. Normally, you can use the "Witnessth", which represents a very formal structure. Another possibility is "Recitals" as section title in combination with the various passages (without "whereas") and with the closing sentence "Now Therefore" or the suggestions made by Bleher and Dan. Hope this helps!

Anthony Frey
United States
Local time: 15:18
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 4
Login to enter a peer comment (or grade)




Return to KudoZ list


Changes made by editors
Mar 16, 2010 - Changes made by Steffen Walter:
Field (specific)(none) » Law: Contract(s)


KudoZ™ translation help
The KudoZ network provides a framework for translators and others to assist each other with translations or explanations of terms and short phrases.



See also:



Term search
  • All of ProZ.com
  • Term search
  • Jobs
  • Forums
  • Multiple search