Glossary entry

French term or phrase:

Aucune tolérance relative à l'application...constitutive

English translation:

Failure to insist on strict performance of any terms and conditions herein...shall not operate as

Added to glossary by Gayle Wallimann
Feb 4, 2004 08:50
20 yrs ago
4 viewers *
French term

Aucune tolérance relative à l'application...constitutive

French to English Law/Patents Law: Contract(s)
I would use waiver for "tolérance",and constituent for "constitutive" but I really am wondering if there is a set way to say this phrase. This is the last sentence in a contract between a ship builder and a dealership. I would really appreciate help with the entire sentence. The French is:

Aucune tolérance relative à l'application des clauses et conditions des présentes ne pourra, quelle qu'ait pu en être la durée ou la fréquence, être considérée comme constitutive d'une modification ou novation.

Here is how I have translated it:

No waiver relating to enforcement and conditions of the clauses herein, regardless to length or frequency, can be considered as constituent for modification or renewal.

Thank you in advance. Gayle

Discussion

Non-ProZ.com Feb 4, 2004:
Change in my translation...is it OK? After further searching, I would now translate the end a s:
...cannot constitute a change or renewal.
Is that correct?

Proposed translations

3 hrs
Selected

Failure to insist on strict performance of any terms and conditions herein...shall not operate as

..an amendment or novation hereof.


"Failure to insist"ios a common form.
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4 KudoZ points awarded for this answer.
51 mins

No forbearance ..shall be deemed to amount to/treated as amounting to/a variation or novation.

I keep on offering forbearance, but it doesn't seem to have got through into the glossaries - though my waiver has from various Romance lingos.

Constitutive/constituer: amount to.

Novation: can be left the same. It's a legal term of art and kindda' similar to the doctrine of subrogation in insurance.
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5 hrs

No tolerances in the application of ...

No tolerances in the application of the clauses and conditions of this contract shall be considered, regardless of their terms and frequencies, as constitutive of any amendment or novation.
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