Glossary entry

French term or phrase:

à l’exclusion de toute autre indemnisation de [X]

English translation:

to the exclusion of any other indemnification

Added to glossary by Lara Barnett
Jun 13, 2014 17:03
9 yrs ago
6 viewers *
French term

à l’exclusion de toute autre indemnisation de [X]

French to English Bus/Financial Law: Contract(s) Contract between producer of Dolomite and supplier
This contract is regarding a form of crushed dolomite being supplied to company [X].

The context reads:

"Toute fourniture qui ne répond pas aux spécifications définies ci-avant sera reprise par les Fournisseurs, à leurs frais, à l’exclusion de toute autre indemnisation de [X]."

I have attempted:

"Any provision that does not meet the specifications as defined above shall be recalled by the Suppliers, at their own expense, to the exclusion of any other compensation to [X]."

I am not sure if "exclusion" is the correct legal term here, and also if "to [X]" is the correct proposition to use here.
Change log

Jun 14, 2014 10:29: writeaway changed "Field" from "Other" to "Bus/Financial"

Discussion

Nikki Scott-Despaigne Jun 13, 2014:
@Lara The original states "reprise" which means that the suppliers will accept its return. The term "recall" would be expressed by the term "rappelé" which is what is done in the case of a public announcement when a piece of equipement is dangerous, for example.

Given the nature of the contract, I think you might prefer the stricter "indemnification" to "compensation".
GillW (MCIL) Jun 13, 2014:
excluding any other compensation sounds OK to an native English speaker like me.
Evgeny Artemov (X) Jun 13, 2014:
Right. Althernatively, ", excepting any other compensation" or "but (providing) no other compensation"

Proposed translations

+2
5 hrs
Selected

to the exclusion of any other indemnification

Depends how the rest of the phrase is expressed.
I'm not mad about "recall" for "reprise". The suppliers are offering to accept the product back. They are not making a public announcement recalling dangerous goods, which is where "recall" would be appropriate.
I prefer a stricter interpretation of "indemnification", the term "compensation" makes me think immediately of "damages" (thus "dommages et intérêts") a well known false friend. Damages can be awarded by way of compensation. Strictly speaking, the original here is restricted to "indemnisation".
Peer comment(s):

agree Daryo : and also agree about "recall"
10 hrs
agree writeaway : simple and clear. don't understand the prob.
11 hrs
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4 KudoZ points awarded for this answer. Comment: "Thank you."
-1
2 hrs

no other kind of compensation being awarded to X

The French is not very logical, because, strictly speaking, the recall of supplies is not a compensation.

Peer comment(s):

neutral writeaway : very loose wording but I can imagine it doesn't really matter. gets the gist across at least.
7 mins
disagree Daryo : wrong slant, and the French version IS crystal clear proper FR legalese
14 hrs
It is clear but not locigal. La reprise des fournitures n'est pas une indemnisation.
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