behavior

20:03 Nov 22, 2018 

B D Finch never said that it was HER way of thinking - it was only a (truly!) memorable reply from someone else.

17:35 Nov 22, 2018 

I agree with Daryo on this one! You shouldn’t make a rule of such an assertion. All clients are not "arseholes" and would they be, they still deserve a little respect. My clients are coming back year after year for the very reason that I consider myself as a partner and yes, I’m paid to make sure they don’t look like they were high on some stuff.

16:30 Nov 22, 2018 

"You're not paid to make that arsehole look intelligent."

Touché! Could apply to a number of clients, but when you are professional, you simply can't let it pass under your watch ... however strong the temptation could be.

16:21 Nov 22, 2018 

Good solution, except that the text "to the extent he does not object in writing" applies if he objects over the phone or if he sends a letter that isn't a definite objection, e.g. asking a question or trying to negotiate. So, perhaps "silence ou réponse" ?

15:51 Nov 22, 2018 

Silence me parait une très bonne option oui ! Merci @Germaine pour votre suggestion.

15:38 Nov 22, 2018 

15:25 Nov 22, 2018 

Le texte est effectivement maladroit, mais je crois comme vous que la "delivery" vise l’acheminement de l’avis de modification. Quant au "comportement", dans ce genre de cas, il vise généralement soit la réponse, soit le silence:

Nous nous réservons le droit de modifier nos conditions générales d’achat de temps à autre. [L’Entrepreneur] [le Contractant] [L’Acheteur] accepte que seules s’appliquent les conditions générales d’achat modifiées s’il ne s’y oppose pas par écrit dans le délai d’une semaine après réception de l’avis de modification et si cet avis précise les conséquences d’un silence de sa part.

14:39 Nov 22, 2018 

I think that there might be a valid objection to it as unfair terms of contract! Presumably "delivery" does mean when the post person popped the new conditions through the letterbox and one week hardly seems a reasonable period for consideration and response (especially if the Contractor is on holiday or it was delivered on Christmas Eve). But, none of that is relevant for the purposes of translation. Many years ago, I pointed out, to my line manager, some mistakes in a letter I was copy typing for the Managing Director (somebody she absolutely loathed) and asked her whether I shouldn't tidy it up. Her memorable response was "You're not paid to make that arsehole look intelligent."

13:41 Nov 22, 2018 

We reserve the right to amend our General Conditions of Purchase from time to time. Contractor agrees to the sole applicability of the amended General Conditions of Purchase if and to the extent he does not object in writing within one week after delivery and if we pointed out the consequences of his behavior when making the announcement of the changed General Conditions of Purchase

"delivery" of what? Some goods or services? Makes no sense.

What they had in mind:

"one week after these amended General Conditions of Purchase were delivered to you/the Contractor" - you could say it that way, but the appropriate term is "notified" (not necessarily by any kind of physical "delivery", in fact), so it should be:

"... to the extent he does not object in writing within one week after being notified [of them/the changed T&C of Purchase]"

Same for "we pointed out the consequences of his behaviour"

sounds almost like a teacher warning a pupil for his bad behaviour, not the kind of language you would expect in a contract!;

You could call the reaction (or the absence of reaction) to changed T&C "behaviour", but that not really the best term to use in contract.

11:53 Nov 22, 2018 

When translating legal documents, there can be a danger in tidying up things that look wrong. We are translators, not lawyers (and we're paid less than lawyers), so it might be best simply to point out the problem to the client, while translating the source text fairly literally.

11:08 Nov 22, 2018 

Les conséquences de ses actions, ce qu'il risque.

10:56 Nov 22, 2018 

It originates from Germany, so yes, it could be a non-native writer indeed!Thanks for your explanation, lots more clearer now.

10:47 Nov 22, 2018 

This sounds to me like decidely iffy EN! Do you know what country it originates from? I'm suspecting perhaps a non-native writer...

I suspect the 'behavior' they are referring to is in fact "does not object to the new conditions within the stipulated time" — in other words, if they fail to do so ("does not..." = the behavior), then the conditions will be imposed anyway willy-nilly; it makes no provision at all, of course, for what happnes if they DO object to the new conditions!

BTW, I think your « d'appliquer » is probably not going to work here; it seems to me that it is the "we" (Customer?) who is imposing these conditions, not the other way around; so probably more likely « l'application de... » (these seem to be Purchasing T&C rather than Sales ones?)