English term
subsequent performance
I am looking for a (quasi-)synonym of the phrase, a term easier to understand. Is after-sales remedy or service good enough?
Non-PRO (2): Daryo, Yvonne Gallagher
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Responses
ensuing action / step
ensuing: (adj) occurring afterward or as a result
Source: Oxford Dict.
"Judith's indignation at David prepares the spectator to accept as reasonable much of the ensuing action." https://books.google.com/books?id=VTLFmMi4FfQC&pg=PA125&lpg=...
"Errors in judgment as we run up the ladder, and the ensuing action based on those errors, can run the gamut from trivial to catastrophic." http://www.capella.edu/coursemedia/ed5007/LadderInference/La...
"In analyzing the detectability of life on nearby exoplanets, we explore a vital ensuing step: the detectability of disequilibrium biosignature gas pairings O2+CH4..." https://ui.adsabs.harvard.edu/abs/2021AAS...23754301C/abstra...
Actions, services
suggestion for the whole thing
Erich quite rightly says he wants simple English. His version currently reads as follows:
Our subsequent performance shall take one of these forms: a product repair or a product replacement. We shall be given a reasonable time period that allows for at least two attempts at subsequent performance.
I believe this could be better expressed as
We will either repair or replace the product, within a reasonable time that allows for at least two attempts to remedy the problem.
Daryo will disagree, as always, but it's others' opinions I'm interested in.
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Note added at 4 hrs (2021-06-18 14:11:23 GMT)
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One other thing to note: Erich says this will be read by users of the product. So, not lawyers.
agree |
Tina Vonhof (X)
: Or, if you want to stay closer to the source: our next step will be... (and eliminate 'shall' throughout the translation - it's not a law).
20 mins
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Thanks! Yes, I don't use "shall" any more , just "will".
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neutral |
Daryo
: assuming that the ST is not a contract, but some kind of "information for users", that would be more or less that, but you'd need to also account for the "subsequent" bit - there is some other "performance" that comes before.
1 hr
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I don't know if you read my answer rather than just automatically disagreeing, but I believe 'subsequent performance' is a mistranslation from another language and doesn't make sense.
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agree |
AllegroTrans
: On the assumption that Asker is simply rephrasing (rather than translating into another language) yes, this works but "subsequent performance" does make legal sense and I must agree with Daryo on this occasion; he could have given you an agree though
3 hrs
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agree |
Yvonne Gallagher
20 hrs
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Discussion
To Phil:
It is for a Japanese firm with a very strong and long-established presence (> 30 yrs) in Europe and the US. I think this is originally written in English, and serves as a master to be translated to various language.
To Daryo:
"Obligation" gives some inspiration.
the first/initial "performance" of Seller's obligations: delivering the goods
the next/subsequent "performance" of Seller's obligations: taking care of faulty goods
which was easy to figure out from the context.
interesting fact: "subsequent performance" as used in contracts in EN
https://www.lawinsider.com/clause/subsequent-performance
is not the same as in "German-English"
Subsequent performance: Where does it take place?
If, after buying something, a buyer determines that the purchased item is defective, the buyer can demand from the seller the remedy of the defect or the delivery of a new item (“subsequent performance”). To do so, the buyer must duly request the seller to render the subsequent performance. The buyer not only has to report the defect but must also specify the place where the seller is to render the subsequent performance. The buyer must thereby grant the seller the opportunity to verify the alleged defect in the merchandise at this place.
...
https://www.fgvw.de/en/news/archive-2016/subsequent-performa...
"Der Käufer kann als Nacherfüllung nach seiner Wahl die Beseitigung des Mangels oder die Lieferung einer mangelfreien Sache verlangen."
https://www.gesetze-im-internet.de/bgb/__439.html#:~:text=(1...
A machine translation of this throws up eg 'subsequent performance', 'supplementary performance' etc. However, if you look at the official German Ministry of Justice and Consumer Protection translation into English by Langenscheidt Übersetzungsservice, it reads, "As cure the buyer may, at his choice, demand that the defect is remedied or a thing free of defects is supplied."
https://www.gesetze-im-internet.de/englisch_bgb/englisch_bgb...
OK, still not brilliant English, but it might be of some help!
Is this English version the original text? The one to be translated?
Is this the text of a contract? Sounds like. Or is it a kind of "notice/information" for (general public) users. Sounds too formal for that. Even in English a different jargon would be used for one or the other.
Are you trying to translate a formal contract by turning it into "easy to understand explanations for users"?
That would make sense in a way - but that's not really "translating" - not any longer. You are not supposed to decide on your own to switch to another "intended audience". Client asked you to do so?
Daryo, do you have anything positive to contribute? This may be a non-pro question for you with your superior intellect, but for the rest of us it's a problem to be solved.
For someone whose proposed translations are more often than not explained by "I don't understand what this is about but ...", you could maybe consider using a different method in translating. One where you start by first making sure that you understand the ST ... the whole of it - l'esprit et la lettre - not just individual words.
As far as this question is concerned, all that is needed is a good explanation of what is "the performance" of a contractual obligation.
Our subsequent performance shall take one of these forms: a product repair or a product replacement. We shall be given a reasonable time period that allows for at least two attempts at subsequent performance.
The boldfaced must indicate that performance here is some kind of 'doing thing'. A simple English is needed (for translation, not for amending the original text) since this will be read by product end users.
Legal text are written to be correctly interpreted (/ as intended by the parties) by lawyers - especially by judges in case of litigation - that is the raison d'être of a legal text.
That is the priority number one, two and three ...
The beauty of the style, or "being easy to understand by those who haven't got a clue about law" is somewhere deep at the bottom of the priority list.
There isn't ANY poetic licence in translating legal terms. Only accuracy counts.
The "performance" HERE can only be about "the performance of a contractual obligation" by of one of the parties.
That's what you need - check in any good glossary of legal terms what is the explanation for "performance of a contractual obligation" as there isn't ANY "easier to understand alternative".