Re: Re: TERM ENFR Legal
Texte du message écrit par INTERNET:[EMAIL PROTECTED] Oh, dear! My heart wants to applaud but my head says I should have kept my big mouth shut. I hope I haven't led you (or anyone else) into difficulties... A much-chastened Judyth Whilst you are certainly entitled to your opinions, you will also want to be aware that the type of indemnification clause which you were commenting about can certainly be considered as quite ordinary if not standard in U.S. contracts. Steven M. Geller Brussels
Re: TERM ENFR Legal
[EMAIL PROTECTED],Internet writes: It is understood and agreed that seller=B9s liability *whether in contract, in tort, under any warranty, in negligence or otherwise*, This is an attempt by the seller to wiggle out of his responsibility for the product which might be specified by another clause in his contract with the buyer, the provisions of civil law, the product warranty or any additional warranty called for under consumer laws, and for reasons of his own negligence as well as things not his fault. shall not exceed the return of the amount of the purchase price paid by purchaser and under no circumstances shall seller be liable for *special, indirect or consequential damages*. The seller is saying his liability will be for no more than the actual purchase price and, in addition, will cover ONLY direct damage to the product, not damage which results from its being defective--i.e., if his product fried your circuit-boards, destroyed your data, put you in default on a multi-million-dollar contract or rendered you laible for penalties and fines, he won't pay a dime. Also, he won't pay a dime for any other compensation you might be entitled to under the laws of your jurisdiction. The price stated for the equipment is a consideration in limiting seller=B9s liability. No action, regardless of form, arising out of the transactions may be brought by purchaser more than one year *after the cause of action has accrued*. AND you can only sue the seller for the original cost if you file your lawsuit within one year from the date the product proved itself defective, even in cases where the law allows you a longer period to bring suit. Why anyone would buy anything from an expletive deleted who sets out to intimidate his customers into thinking their legal rights no longer apply is completely beyond me. Does this help at all? Regards, Judyth
Re: Re: TERM ENFR Legal
Sonia Murray at [EMAIL PROTECTED],Internet writes: Hey, I just translate the stuff! (tongue in cheek, firmly so ;-). Seriously, though, am I the only one who feels so strongly about what I translate that I would refuse a gig like that unless on the very edge of bankruptcy? and even then, I'd probably get myself fired by insisting that the client run the text by his lawyer first even if he didn't give a s**t about his clients' rights... This is one of the reasons I'm so glad I do most of my translation work in things like locomotives and track maintenance where you don't mess about with safety considerations and the warranties are serious! Speaking of rip-off artists, though, please note that Megasludge users have got some more viruses to watch out for; I've provided the information in my new "sig for the day". Regards, Judyth Judyth Mermelstein "cogito ergo lego ergo cogito..." writer, editor, translator ... and "Internet guerrilla" Montreal, Quebec, Canada [EMAIL PROTECTED] Today's VIRUS ALERTS - Windows 95, 98, 2000 users! "prettypark.exe" and "Worm.Explore Zip" See (http://symantec.com) (http://www.antivirus.com) (http://www.nai.com) http://nav.com for more info!
Re: TERM ENFR Legal
Seriously, though, am I the only one who feels so strongly about what I translate that I would refuse a gig like that unless on the very edge of bankruptcy? and even then, I'd probably get myself fired by insisting that the client run the text by his lawyer first even if he didn't give a s**t about his clients' rights... I did! === Sonia Murray, French Translator [EMAIL PROTECTED] phone: +1 415 379 9277 fax: +1 415 379 9804
