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El impago injustificado o de forma distinta a la pactada en el presente contrato

English translation: Unjustified failure to make payments as specified in this contract

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09:19 Mar 7, 2018
Spanish to English translations [PRO]
Bus/Financial - Law: Contract(s)
Spanish term or phrase: El impago injustificado o de forma distinta a la pactada en el presente contrato
Buenos días:

Estoy intentando traducir una frase de manera formal en un contrato entre empresas madereras y no sé si mi opción es la más adecuada. ¿Alguien podría echarme una mano por favor?

"El impago injustificado o de forma distinta a la pactada en el presente contrato por parte del CONTRATISTA."

Aquí os dejo mi intento:

"If the non-payment is both unjustified or different from what was agreed upon in this contract by the CONTRACTOR."

Gracias
rompeholas
English translation:Unjustified failure to make payments as specified in this contract
Explanation:
My version gets round the syntactically incorrect Spanish. It covers late payment and non-payment (which are essentially the same thing), and all other payments not made in accordance with the contract.

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Note added at 6 hrs (2018-03-07 15:26:35 GMT)
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Or "failure, without good reason, to make payments as specified in this contract".
Selected response from:

philgoddard
United States
Grading comment
4 KudoZ points were awarded for this answer



Summary of answers provided
4 +1Unjustified failure to make payments as specified in this contract
philgoddard
4 +1Failure to pay ...
Robin Levey


  

Answers


2 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
Failure to pay ...


Explanation:
The ST doesn’t actually make much sense, because 'impago' is the subject of the sencond alternative. How can an “impago” (i.e. total absence of payment) in fact be made (hence, there is a payment) “de forma distinta a la pactada”?

Surely, what it means is:

Failure to pay without proper justification, or payment in a manner different to that set out in the contract, ...”


Robin Levey
Chile
Local time: 13:16
Native speaker of: Native in EnglishEnglish
PRO pts in category: 140
Notes to answerer
Asker: Thanks Robin Levey!


Peer comments on this answer (and responses from the answerer)
neutral  philgoddard: You're right about the Spanish not making sense, but your translation contains a similar ambiguity. It implies that you're supposed to pay without proper justification, but you don't.
3 hrs
  -> My translation is not ambiguous, because the subject of my first phrase is "failure", not "to pay" (which merely qualifies "failure").

agree  AllegroTrans: Unwieldy
9 hrs
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6 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
Unjustified failure to make payments as specified in this contract


Explanation:
My version gets round the syntactically incorrect Spanish. It covers late payment and non-payment (which are essentially the same thing), and all other payments not made in accordance with the contract.

--------------------------------------------------
Note added at 6 hrs (2018-03-07 15:26:35 GMT)
--------------------------------------------------

Or "failure, without good reason, to make payments as specified in this contract".

philgoddard
United States
Native speaker of: Native in EnglishEnglish
PRO pts in category: 381
Notes to answerer
Asker: Thanks a lot Philgodard


Peer comments on this answer (and responses from the answerer)
neutral  Robin Levey: The Spanish is not "syntactically incorrect", nor "ambiguous" (as you suggest under my answer) - it's simply wrong.
1 hr
  -> I agree that it's not ambiguous, but it's syntactically wrong. And your version is ambiguous. You could resolve this by saying: "Failure, without proper justification, to pay", but my version is more concise.

agree  AllegroTrans
5 hrs
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