Glossary entry

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... ;-)

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).
Peer comment(s):

agree Adrian MM. (X)
5 hrs
Something went wrong...
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).
:-)
Peer comment(s):

agree Jane Luther : or: if they can be considered acceptable to the buyer
39 mins
Something went wrong...
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.
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