This site uses cookies.
Some of these cookies are essential to the operation of the site,
while others help to improve your experience by providing insights into how the site is being used.
For more information, please see the ProZ.com privacy policy.
Explanation: Having read the discussion entries, I think people are straining at a gnat here. As far as I can tell from the Romanian context posted, this is all it is: a bog-standard contractual clause by which the contractor undertakes to provide a performance guarantee. "Good" is redundant; if the contract is performed, that's good enough.
Many examples are quoted here; the following is particularly relevant to your context:
Performance Guarantee. Upon signing this CONTRACT, the BUYER shall provide the BUILDER with an irrevocable and Corporate Guarantee pursuant to the Terms and Provisions of this Contract issued by a Corporate Guarantor acceptable to the BUILDER for the due and faithful performance by the BUYER of all its liabilities and responsibilities under the CONTRACT including, but not limited to, the payment of the CONTRACT PRICE and taking delivery of the VESSEL, in the form annexed hereto" https://www.lawinsider.com/clause/performance-guarantee
-------------------------------------------------- Note added at 1 hr (2017-10-01 18:47:25 GMT) --------------------------------------------------
-------------------------------------------------- Note added at 2 hrs (2017-10-01 18:54:44 GMT) --------------------------------------------------
In other words, what I'm saying is that you should translate the title of the clause simply as performance guarantee or performance bond, and use the same term for "garantia de buna executie" in the text of the clause.
I've merely tried to provide some background information in Romanian to show that what Charles said below is correct, IMO: "whether there is any legal difference between 'buna executie' and mere 'executie' of a contract. I doubt it."
See the last bit below; "convenită" means "agreed," as in GT. I also thought about "faithful," as at the lawinsider link: "due and faithful performance." Of course, you can always throw in the kitchen sink. Came across this example cited by Ken Adams not too long ago: "The Consultant hereby represents, warrants, and acknowledges to and covenants and agrees with the Company as follows" http://www.adamsdrafting.com/having-a-party-acknowledge-some...
Well, "proper" or "correct" at least sound like English, but my question remains: what is the difference between performance and proper or correct performance? I say none at all: if a contract has not been performed properly or correctly it has not been performed. And this is presumably why EN contracts virtually never add any such adjective: it is legally meaningless. And the same is true in French, I believe, in that there is no legal difference between "exécution" and "bonne exécution".
Yes of course! It's not some arbitrary, subjective, qualitative judgement like 'good', but the more formal meaning (as we find in FR, which is why several of us asked the question) of 'proper' or 'correct', which tends to imply something much more objectively measurable.
In addition to what others have said: I put the phrase into GoogleTranslate to get an idea (not an expert either). It says "ordnungsgemäß" in German--"proper," as writeaway suggested.
The part of the contract you asked about refers to: "Art. 89 HG 925/2006 Garanţii Garanţia de bună execuţie"
Explanation in Romanian: "(1) Garanţia de bună execuţie a contractului se constituie de către contractant în scopul asigurării autorităţii contractante de îndeplinirea cantitativă, calitativă şi în perioada convenită a contractului."
GT (of course, not a great translation, just to make sense of it): "The performance guarantee of the contract is constituted by the contractor for the purpose of ensuring that the contracting authority ensures the quantitative, qualitative and agreed performance of the contract."
Interestingly enough, GT is translating a phrase here (not individual words) at the beginning, so this may corroborate what Charles said. In any case, it should prove that this has little to do with "good" in the sense of measuring how well targets were met.
If you allowed a system in which "good performance" of a contract depended on the subjective satisfaction of the purchaser beyond verifiable objective performance of the contract, the purchaser would never have to pay; they would simply have to say "I'm not satisfied" and the contractor could not refute it.
I freely admit that I know nothing of Romanian contract law. I'd be interested to hear from someone who does whether there is any legal difference between "buna executie" and mere "executie" of a contract. I doubt it. To my knowledge there is no difference between "garantie d'exécution", "garantie de bonne fin" and "garantie de bonne exécution" in French contract law.
Performance guarantees or bonds are routine in English-speaking jurisdictions. I don't think they're ever called good/due/proper performance guarantees/bonds. So to call it that would imply that this is something more than a mere performance guarantee, and that something more than mere performance is required: that the contract has to be performed "well". How you would argue in court that although the contract has been performed it has not been performed "well" I can't imagine. I don't believe this is the case. So I think that including anything more than "performance" in English would be positively misleading. But as I say, if someone versed in Romanian contract law tells me that there is a difference, then I fully concede that this difference should be reflected in the translation.
In you want the contract, you have first to give to your client (most often)10% of the value of the contract as deposit, as a Guarantee of due performance, usually not literally a sum of actual money but a guarantee backed by a bank.
Only when the client is totally satisfied with the delivered services/goods you get your guaranty back.
there are plenty of samples for this type of "Guarantee of due performance" on the Web, so getting the terminology right or even lifting and adapting whole typical clauses shouldn't be a problem.
Thanks, but I don't feel posting an answer would really serve any useful purpose here. I do suggest, however, that your respect the KudoZ guidelines and wait 24 hours before closing, to give other people the opportunity to contribute.
It always helps to know the source language, at least!
Try looking up previous KudoZ in FR > EN on terms like 'obligation de moyens' vs 'obligation de résultat', and even 'bonne exécution', and you may find some clues that could help you.
I was not trying to be unfair, but I did not notice anybody English on the English kudoz system that works from this language pair, so I tried to save the complications it might bring if I posted something in Romanian, but if you really want to see it: "Garantia de buna executie a contractului" (heading) "9.1 Executantul are obligatia de a constitui garantia de buna executie a contractului in perioado convenita in acesta." (body)
But if you can read between the Latin based lines, and connect this to some other Latin languages, the terminology is more or less the same. This is why I gave what was a literal translation and asked for help with it.
For example "guarantee of full implementation of contract" or something that is used as a standard here? (I translated literally because I would like to focus on the English usage aspect).
@ Allegro Trans - exactly, which is why I am asking for help with phrasing this.
but the "literal translation" (to "good performance") in the CONTEXT is not good. It isn't fair to ask others to proof correct your English without sight of the source text.
This EN text simply does not sound natural or idomatic, as it would have been written by a native speaker of EN — but it's impossible to tell in what way it need correcting without knowing the background and above all the text in the source language. If you are asking us to proof-read and correct your translation for you, then we do need to know what it is based on...
This is an English language question, so there is nothing "unfair" about what I have done. The language is irrelevant as (having looked up other language questions) the literal translation is the same in all Latin languages, i am not concealing anything. Secondly, my question does state that this is for "works" to go ahead by a Contractor, i.e. this is a works contract, though there is no indication as to what works it is, it is not bonds or anything financially based.
It is actually from Romanian, but as I have said this is a phrase I have translated literally, but for which I have also found similar phrasing in other latin languages. I was wondering if there was a general rendering of the phrase that people (of any language combination) know of, as it seems quite commonly used in Latin languages.
You have given us your translation instead of the source text. That isn't really fair (or necessarily reliable). We need the source text please! This sounds remarkably like a performance bond in a French contract, but we definitely need to see the source text first...
Automatic update in 00:
Answers
1 hr confidence: peer agreement (net): +4
good performance
performance guarantee
Explanation: Having read the discussion entries, I think people are straining at a gnat here. As far as I can tell from the Romanian context posted, this is all it is: a bog-standard contractual clause by which the contractor undertakes to provide a performance guarantee. "Good" is redundant; if the contract is performed, that's good enough.
Many examples are quoted here; the following is particularly relevant to your context:
Performance Guarantee. Upon signing this CONTRACT, the BUYER shall provide the BUILDER with an irrevocable and Corporate Guarantee pursuant to the Terms and Provisions of this Contract issued by a Corporate Guarantor acceptable to the BUILDER for the due and faithful performance by the BUYER of all its liabilities and responsibilities under the CONTRACT including, but not limited to, the payment of the CONTRACT PRICE and taking delivery of the VESSEL, in the form annexed hereto" https://www.lawinsider.com/clause/performance-guarantee
-------------------------------------------------- Note added at 1 hr (2017-10-01 18:47:25 GMT) --------------------------------------------------
-------------------------------------------------- Note added at 2 hrs (2017-10-01 18:54:44 GMT) --------------------------------------------------
In other words, what I'm saying is that you should translate the title of the clause simply as performance guarantee or performance bond, and use the same term for "garantia de buna executie" in the text of the clause.
Charles Davis Spain Local time: 07:46 Native speaker of: English PRO pts in category: 72
peer agreement (net): +4