Jun 18, 2021 09:54
2 yrs ago
31 viewers *
English term

subsequent performance

English Law/Patents Law: Contract(s)
A subsequent performance shall take one of these forms: product repair, or product replacement....

I am looking for a (quasi-)synonym of the phrase, a term easier to understand. Is after-sales remedy or service good enough?
Votes to reclassify question as PRO/non-PRO:

Non-PRO (2): Daryo, Yvonne Gallagher

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Discussion

ErichEko ⟹⭐ (asker) Jun 26, 2021:
Terms of Use Hi Allegro, it is for terms of use. The majority of users will be teens to young adults. I think most will just check the accept box (as alleged here: https://en.wikipedia.org/wiki/Fine_print), but just in case some of them have all the time in the world to delve into it.
AllegroTrans Jun 20, 2021:
It's not completely clear Erich Do you simply want a different phrase so that you personally can understand what is meant? Or are you re-phrasing the contract into simpler language?
ErichEko ⟹⭐ (asker) Jun 20, 2021:
More info Sorry, I just got time today to visit this, focusing more on Euro 2020 yesterday.

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.
Daryo Jun 18, 2021:
Bien Trouvé ! And exactly what you would expect

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...
philgoddard Jun 18, 2021:
Nacherfüllung That's it! I knew it was Nach something. But I think the folks at Langenscheidt must have been having an off day.
Althea Draper Jun 18, 2021:
German Civil Code paragraph 439 It looks like this may be a translation of a section lifted from the German Civil Code paragraph 439.
"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!
Daryo Jun 18, 2021:
Still unclear... "A simple English is needed (for translation, not for amending the original text) since this will be read by product end users."

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?




philgoddard Jun 18, 2021:
Erich I was basically asking whether your text is a translation. If so, I think it could be much better expressed. 'Subsequent performance' gets a couple of hits in this context, but they're translations from French and German.
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.
Daryo Jun 18, 2021:
@philgoddard As usual you are convinced that mastering belles-lettres is enough to understand specialised jargons.

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.

AllegroTrans Jun 18, 2021:
Asker Just to be clear: Are you re-writing the whole of this contract in simpler terms?
ErichEko ⟹⭐ (asker) Jun 18, 2021:
More info This may give more context:

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.
philgoddard Jun 18, 2021:
Daryo You've misunderstood my question, perhaps because English is not your mother tongue. No one is saying anything about poetic licence. I'm asking for the context.
Daryo Jun 18, 2021:
@Asker: A term easier to understand? Since when it's of any relevance in legalese?

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".
AllegroTrans Jun 18, 2021:
It's a defined term in a contract
philgoddard Jun 18, 2021:
This sounds like it might be a translation, or some rather awkward legalese. Can you tell us what it says before this? Depending on the context, I'd say something like "the product shall either be repaired or replaced".

Responses

1 hr
Selected

ensuing action / step

subsequent: (adj) coming after something in time; following
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...
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2 KudoZ points awarded for this answer. Comment: "In the end, <i>in the target language</i>, <b>performance</b> is simplified to more or less "commitment/obligation fulfilment."
22 mins

Actions, services

Action has a wide meaning which includes many options. And product repair/replacement can be classified as services.
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+3
4 hrs

suggestion for the whole thing

This sounds to me like a translation, and I don't believe 'subsequent performance' is a recognised term.

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.
Peer comment(s):

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
Thanks! Yes, I don't use "shall" any more , just "will".
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
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.
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
agree Yvonne Gallagher
20 hrs
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