sous risque d'exclusion

English translation: under penalty/pain of exclusion

13:10 Jun 9, 2013
French to English translations [PRO]
Law/Patents - Business/Commerce (general) / General Terms and Conditions
French term or phrase: sous risque d'exclusion
Found under the General Terms and Conditions of a commercial bid:

"Toute demande de dédommagement de la part du client devra faire l’objet d’une revendication juridique, sous risque d'exclusion, dans les six mois suivant le dommage."

As far as I can understand, this means that if the customer does not file a claim within six months, then the possibility is no longer open to them. I have tried searching for the direct translation "at risk of exclusion" to no avail, and would be grateful if someone more experienced could let me know whether there is an accepted phrase used for this in legal English.
rosys1402
Local time: 07:25
English translation:under penalty/pain of exclusion
Explanation:
This should fit the bill.
Selected response from:

Bashiqa
France
Local time: 08:25
Grading comment
Many thanks - and sorry for the late response
4 KudoZ points were awarded for this answer



Summary of answers provided
3 +4under penalty/pain of exclusion
Bashiqa
4 -2not to incur on compensatory rights expiration.
papier
3 -2otherwise risk rejection
Timothy Rake


Discussion entries: 2





  

Answers


4 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): +4
under penalty/pain of exclusion


Explanation:
This should fit the bill.

Bashiqa
France
Local time: 08:25
Works in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 66
Grading comment
Many thanks - and sorry for the late response

Peer comments on this answer (and responses from the answerer)
agree  B D Finch
2 hrs
  -> Merci.

agree  writeaway: boilerplate
5 hrs
  -> Merci.

agree  Letredenoblesse
20 hrs
  -> Thank you.

agree  Yvonne Gallagher
4 days
  -> Thank you.
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2 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): -2
otherwise risk rejection


Explanation:
I tend to agree with Tony, and I would change the syntax to make it clear:
"shall make it subject of legal claim within six months of suffering injury/harm/damages, otherwise risk rejection/exclusion

Timothy Rake
United States
Local time: 23:25
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 28

Peer comments on this answer (and responses from the answerer)
disagree  B D Finch: "Exclusion" is not the same as "rejection".
28 mins

disagree  writeaway: this is boilerplate legalese. not need to change anything. otherwise is incorrect.
3 hrs
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1 day 40 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): -2
not to incur on compensatory rights expiration.


Explanation:
... should be claimed by the client until six months after the event of the damage at most not to incur on compensatory rights expiration.
Sugg.

papier
Brazil
Local time: 03:25
Specializes in field
Native speaker of: Native in PortuguesePortuguese
PRO pts in category: 8

Peer comments on this answer (and responses from the answerer)
disagree  Tony M: Your suggestion would simply be nonsense in EN, and in any case, it's still doubtful if this is even the correct interpretation. / Please see discussion thread.
33 mins
  -> Could you tell what is your doubt on the ST meaning? /It is quite clear that both conditions have to be observed (form of claim and period) otherwise the claiming rights will not prevail.

disagree  Yvonne Gallagher: as Tony says, this is nonsense in English...
3 days 9 hrs
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