Glossary entry (derived from question below)
German term or phrase:
zumutbar
English translation:
can be reasonably expected to accept
Added to glossary by
Victor Dewsbery
Jan 3, 2006 15:36
18 yrs ago
10 viewers *
German term
zumutbar
German to English
Law/Patents
Law: Patents, Trademarks, Copyright
AGBs
I am translating a company's AGBs. In my dictionary and here in the glossary 'zumutbar' is translated as 'reasonable'. Does that apply here too?
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3. Änderungsvorbehalt
Bei Verkauf nach Muster oder Abbildung sind Farbtonabweichungen möglich und berechtigen, wenn Sie dem Käufer zumutbar sind, nicht zur Verweigerung der Abnahme oder der Bezahlung der Ware.
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It sounds kind of open-ended to me, because if the buyer can decide on what he thinks is reasonable then surely he can refuse to accept or pay for the goods when it doesn't suit him, even though he's ordered them, just by saying "I don't think the difference in colour is reasonable". Or is it somehow implied above that the buyer has to accept that there will be this difference before he even signs the contract?
Just looking for reassurance really that I'm not going to translate this word incorrectly and leave a big gaping legal hole in this company's terms and conditions... ;-)
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3. Änderungsvorbehalt
Bei Verkauf nach Muster oder Abbildung sind Farbtonabweichungen möglich und berechtigen, wenn Sie dem Käufer zumutbar sind, nicht zur Verweigerung der Abnahme oder der Bezahlung der Ware.
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It sounds kind of open-ended to me, because if the buyer can decide on what he thinks is reasonable then surely he can refuse to accept or pay for the goods when it doesn't suit him, even though he's ordered them, just by saying "I don't think the difference in colour is reasonable". Or is it somehow implied above that the buyer has to accept that there will be this difference before he even signs the contract?
Just looking for reassurance really that I'm not going to translate this word incorrectly and leave a big gaping legal hole in this company's terms and conditions... ;-)
Proposed translations
(English)
4 +1 | can be reasonably expected to accept | Victor Dewsbery |
2 +1 | reasonably tolerable | Derek Gill Franßen |
3 | to the extent it is acceptable | Raghunathan Rajagopalan |
Proposed translations
+1
1 hr
Selected
can be reasonably expected to accept
The measure of reasonableness is what can be reasonably accepted, i.e. a general judgement (by the judge if necessary).
4 KudoZ points awarded for this answer.
Comment: "Thanks to all who answered! This is the one I went with."
+1
16 mins
reasonably tolerable
HERE: "..., if they are reasonably tolerable to the buyer, ..."
If the court has to decide, they will probably allow such deviations that would be tolerated by a reasonable person in a similar situation - it is quite vague, but on the other hand, it would be very difficult to define exactly what deviations are tolerable and which are not (IMHO).
:-)
If the court has to decide, they will probably allow such deviations that would be tolerated by a reasonable person in a similar situation - it is quite vague, but on the other hand, it would be very difficult to define exactly what deviations are tolerable and which are not (IMHO).
:-)
30 mins
to the extent it is acceptable
to the extent it is acceptable to the buyer. It appears, here the buyer calls the shot and can back out if he finds the colour deviation beyond certain limit.
In case of sales made on the basis of samples or pictures, there could be some deviations in colour and the seller reserves the right of varying the colours within certain parameters acceptable to the buyer.
In case of sales made on the basis of samples or pictures, there could be some deviations in colour and the seller reserves the right of varying the colours within certain parameters acceptable to the buyer.
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