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  3. Law: Contract(s)

Franchise (+ rest of phrase)

English translation: allowance

05:40 Jul 19, 2012
French to English translations [PRO]
Law/Patents - Law: Contract(s)
French term or phrase: Franchise (+ rest of phrase)
This is part of a large legal document relating to a property lease (I'm only doing part of it so can't be more specific)

Just need help with the section in asterisks. I'm not sure of the best way to translate "franchise" here, nor how to translate and incorporate that phrase into the rest of the sentence. Any help would be much appreciated!

Toute différence avec la surface mentionnée aux présentes et les dimensions réelles des Locaux Loués de 3% en plus ou en moins, justifiera une réduction ou une augmentation du loyer au prorata des surfaces **en plus ou en moins au-delà des 3% de franchise** selon les modalités visées à l’article 28 ci-après.
Emily Plank
Australia
Local time: 17:49
English translation:allowance
Explanation:
It has nothing to do with insurance, the franchise is the 3% slippage referred to in the beginning of the sentence. The rent only changes when there is a difference greater than 3% in either direction. Check your Article 28. My translation:

Any difference between the surface area cited in this agreement and the actual dimensions of the Leased Premises that is greater than or less than 3% shall justify a reduction or increase of the rent pro rata according to the surface area that is ***greater than or less than the 3% allowance***, according to the terms set out in Article 28 below.
Selected response from:

Mark Hamlen
France
Local time: 11:49
Grading comment
Thank you so much for your help, Mark!
4 KudoZ points were awarded for this answer



Summary of answers provided
4 +2allowance
Mark Hamlen
4 +2exemption, grace, allowance
Gurudutt Kamath
4disregard /disregarding
B D Finch
5 -3Deductible
Manoj Chauhan
3 -1franchise (see complete translation)
Timothy Rake


  

Answers


5 mins   confidence: Answerer confidence 5/5 peer agreement (net): -3
Deductible


Explanation:
Franchise' a 'deductible', which refers to a default amount you would pay when making an insurance claim. So you could say 'without deductible' or 'deductible does not apply.'

Manoj Chauhan
India
Local time: 11:49
Works in field
Native speaker of: English
PRO pts in category: 12

Peer comments on this answer (and responses from the answerer)
neutral  mchd: cela ne correspond pas au contexte, il est question ici d'un bail de location
33 mins
disagree  Gurudutt Kamath: Not sure why you bring in insurance? Deductible, anyway, does not fit in the context.
33 mins
  -> Then what will you suggest ???
disagree  John ANTHONY: In UK English, what you refer to is the "excess". However, this is not the context - the question is about a lease or rental agreement...
2 hrs
disagree  cc in nyc: Not about insurance; not about a deductible
23 hrs
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46 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +2
allowance


Explanation:
It has nothing to do with insurance, the franchise is the 3% slippage referred to in the beginning of the sentence. The rent only changes when there is a difference greater than 3% in either direction. Check your Article 28. My translation:

Any difference between the surface area cited in this agreement and the actual dimensions of the Leased Premises that is greater than or less than 3% shall justify a reduction or increase of the rent pro rata according to the surface area that is ***greater than or less than the 3% allowance***, according to the terms set out in Article 28 below.

Mark Hamlen
France
Local time: 11:49
Works in field
Native speaker of: English
PRO pts in category: 31
Grading comment
Thank you so much for your help, Mark!

Peer comments on this answer (and responses from the answerer)
agree  John ANTHONY
2 hrs
agree  cc in nyc
22 hrs
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52 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): -1
franchise (see complete translation)


Explanation:
"will justify a reduction or an increase in rent prorated to the surface area (sq. ft.) when exceeding more or less than 3% of the cost of the franchise according to. . ."

franchise = L'objet du contrat de franchisage (l'ensemble des prestations fournies au franchisé par le franchiseur); par extension, le contrat lui-même.


    Reference: http://btb.termiumplus.gc.ca/tpv2alpha/alpha-eng.html?lang=e...
Timothy Rake
United States
Local time: 02:49
Works in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 43

Peer comments on this answer (and responses from the answerer)
neutral  John ANTHONY: This does not seem to have anything to do with a franchise agreement...
1 hr
disagree  cc in nyc: Not in this context
22 hrs
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45 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +2
exemption, grace, allowance


Explanation:
As I understand it, it is saying (my rough translation) that when there is a difference of + - 3% in the mentioned area versus the actual area, there will be a prorata increase or decrease in the rent if the difference is beyond the exemption (grace, allowance) of 3%. A variation between real and actual area can be upto 3%. If it is beyond, a prorata increase/decrease will be applicable. (GDT/Harrap's/Google give examples of exemption in a different sense, but not in this sense.)

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Note added at 1 hr (2012-07-19 07:09:43 GMT)
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variation, margin of error can also bring out the meaning. Allowance gives it a different flavour/meaning all together -- hence I used it last.

Gurudutt Kamath
India
Local time: 15:19
Specializes in field
Native speaker of: Native in EnglishEnglish, Native in HindiHindi

Peer comments on this answer (and responses from the answerer)
agree  John ANTHONY
2 hrs
agree  cc in nyc
22 hrs
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3 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
disregard /disregarding


Explanation:
Standard term for something not taken into account in such a calculation. You can either use the noun or turn it round to express it as, e.g. "disregarding the initial 3%".

www.rics.org/site/scripts/documents_info.aspx?documentID=13...
by T Norton - 2010
"Royal Institution of Chartered SurveyorsStarting points - Rent reviews and Starting ... and disregards to be made when valuing the premises for the purpose of rent ... is the most common method of calculating a rent review but there are"

"The rentable area of a building refers to the total portion of the floor owned by the tenant. It is measured from the inner finished surface of the outer walls of the building, disregarding any corridor walls or structures within the given area. It is possible, however, to convert rentable area to usable area and vice versa using the common area factor ..."
http://www.ehow.com/info_8047181_standard-floor-area-office-...

B D Finch
France
Local time: 11:49
Specializes in field
Native speaker of: English
PRO pts in category: 369
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