Glossary entry

French term or phrase:

émettre des réserves auprès du transporteur

English translation:

to inform the carrier of any reservations

Added to glossary by KathyG (X)
Jan 23, 2010 02:37
14 yrs ago
10 viewers *
French term

émettre des réserves auprès du transporteur

French to English Bus/Financial Business/Commerce (general)
Si un manquement est constanté à l'arrivée comme en cas d'avarie de nature quelconque, il appartient au destinataire d'emettre des reserves auprès du transporteur en se conformant aux provisions des articles 105 et 106 du Code Commercial afin d'éviter toute contestation ultérieure....
Change log

Jan 23, 2010 09:15: writeaway changed "Level" from "PRO" to "Non-PRO"

Jan 23, 2010 09:45: Stéphanie Soudais changed "Term asked" from "d\'emettre des reserves auprès du transporteur" to "émettre des réserves auprès du transporteur"

Jan 23, 2010 15:29: Tony M changed "Level" from "Non-PRO" to "PRO"

Votes to reclassify question as PRO/non-PRO:

PRO (4): Stéphanie Soudais, Julie Barber, Chris Hall, Tony M

Non-PRO (3): mchd, Karen Stokes, writeaway

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Discussion

Travelin Ann Jan 23, 2010:
Presume that the source text uses "constaté" rather than "constanté."

Target audience? the specific wording will vary depending on whether this is for EU/UK/US. I understand the the Article 105 and 106 may be specific to origin of the shipment, but the shipment may be outside the jurisdiction thereof.

Proposed translations

+2
1 hr
Selected

to inform the carrier of any reservations

Si un manquement est constanté à l'arrivée comme en cas d'avarie de nature quelconque, il appartient au destinataire d'emettre des reserves auprès du transporteur en se conformant aux provisions des articles 105 et 106 du Code Commercial afin d'éviter toute contestation ultérieure.
=
If a breach is observed at the arrival as in the case of damage of any nature, it is the recipient's responsibility ***to inform the carrier of any reservations***, whilst complying with the provisions of articles 105 and 106 of the Commercial Code so as to avoid any subbsequent dispute.

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Note added at 1 hr (2010-01-23 03:59:56 GMT)
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If a breach is observed at the arrival as in the event of damage of any nature, it is the recipient's responsibility ***to inform the carrier of any reservations***, whilst complying with the provisions of articles 105 and 106 of the Commercial Code so as to avoid any subbsequent dispute
Peer comment(s):

agree mchd
3 hrs
Many thanks mchd. Kind regards, Chris.
neutral Tony M : I'm not entirely sure that 'reservations' works well here in EN; the meaning is sometimes slightly skewed from 'réserves' in FR.
4 hrs
Many thanks for your constructive feedback Tony. Kind regards, Chris.
neutral Julie Barber : Hi Chris I wouldn't use reservations either. The "réserves" here are actually "defects" or that's what you'd say for construction I'm not sure about shipping! defective items maybe?// Bourth, I know that, I thought that it was obvious it's a record
6 hrs
Many thanks for your constructive feedback Julie. Kind regards, Chris.
agree omni trad : Perhaps something like 'discrepancies' would work better than 'reservations'.
6 hrs
Many thanks omni trad. Kind regards, Chris.
neutral Bourth (X) : @JulieBarba: in construction "réserves" refers to defects only insofar as they are noted or recorded; they are not the defects but the record that there is a defect, or in the case of items delivered, a problem of some kind (missing item, damage).
9 hrs
neutral philgoddard : At the risk of breaking the record for the number of neutral comments, your sample sentence is a rather literal translation from French.
15 hrs
Something went wrong...
4 KudoZ points awarded for this answer. Comment: "Right on! Thanks!"
2 hrs
French term (edited): d'emettre des reserves auprès du transporteur

file a claim with the carrier

or claims, should there be multiple problems

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Note added at 2 hrs (2010-01-23 05:34:51 GMT)
--------------------------------------------------

US EN uses "claim" in this context - claim for (shipping) damages, claim for missing parts, etc.
"Customer should inspect all merchandise upon delivery of shipment. Any visible damage should be noted on the freight bill and signed by the person making the delivery. All freight claims should be filed immediately, regardless of the extent of damages." http://www.officedr.com/terms.htm
Peer comment(s):

neutral Bourth (X) : That might come subsequently. A réserve is the "NOTED on the freight bill" in yr quote.
2 hrs
neutral Chris Hall : -
8 hrs
Something went wrong...
+4
6 hrs
French term (edited): d'emettre des reserves auprès du transporteur

note such on the shipping documents/receipt/docket

or "freight bill" as in TA's proposal.

A réserve is, as the word suggests, a note that there MAY be a problem. If you notice at the time of delivery that a package is damaged or that one of the parcels is missing, you make a note of that, there and then, on the shipper's receipt you sign. Should you, upon opening a package, find the item is damaged or parts are missing, you can then make a claim and the shipper will have a hard time claiming that you did the damage yourself, post-delivery, since you noted the damage.

We tend to express this in a manner very different to that of the French.

Damage to a package can be REPORTED by a shipper, recipient, or by UPS. ...
www.ups.com/content/us/en/.../hlp/damage_process.html

Package Delivery. ... the extent of damage will be NOTED on the bill of lading. ... Each package must have a completed Shipping Authorization Form. ...
www.bsu.edu/purchasing/emptemplate/pkgdelvry/

CLAIMS POLICY
Visible Damage, Concealed Damage, and Missing Content Claims. Visible Damage is defined as any damage to the packaging that is identifiable without opening the package at the time of delivery. Concealed Damage is defined as any damage that is not immediately noticeable at the time the package is opened or when the product is first used. Missing Content is defined as any package that is missing product that the packing slip states is included. These types OF CLAIMS MUST BE MADE directly to TigerDirect Partsearch WITHIN FIVE BUSINESS DAYS of delivery. Any claims made after that time can not be honored. Please contact TigerDirect Partsearch at 1-866-921-PART (7278) to make such a claim.
http://tigerdirect.partsearch.com/Policies.aspx

Manquement refers to a missing item, i.e. one of a series of packages listed on the receipt since this is done at the time of delivery. Of course upon opening a package, esp. one that has been damaged, you might find there is a further manquement, i.e. a missing part.

Thus:
Should it be observed at the time of delivery that any of the items are missing or that the packaging has suffered damage, the recipient shall make a note thereof on the acknowledgement of receipt, in accordance with articles 105 and 106 of the (country?) Code Commercial in order to preclude subsequent dispute.

I take it this is not a French document since here it would refer to the Code du Commerce I think.
Peer comment(s):

agree Tony M : on all points, and your solution is perhaps more suited than mine to a formal register
12 mins
But this kind of translation makes life difficult for the users of Trados and such like!
agree Paul Hamelin
11 hrs
agree John Detre
1 day 19 hrs
agree SJLD
1 day 23 hrs
Something went wrong...
+2
6 hrs

sign for the consignment/shipment as 'damaged'

Although this is getting away from a literal translation, I think you'll find this is the more usual kind of expression commonly found in equivalent circumstances.

Once again, the absence of adequate surrounding context makes it impossible to know if this could fit or not — it all depends so much on what type of companies are involved, and what type of merchandise.

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Note added at 6 hrs (2010-01-23 09:00:44 GMT)
--------------------------------------------------

Note that a common expression in similar terms in EN is:

"Goods should be signed for as 'unexamined'" — although this appears to be stating the opposite, it in fact means that the recipient reserves the right to complain later about damage not noticed at the time of delivery; i.e. if you sign as 'examined', then it means you have no comeback if damage is noticed subsequently.
Peer comment(s):

agree Bourth (X) : Always wise to at least consider getting away from the literal, as we all should know!
6 mins
Thanks, Alex! Yes, especially in this kind of commercial context, where quite set formulations are common; otherwise, one risks sounding stilted and 'clunky'...
agree philgoddard : Good idea.
10 hrs
Thanks, Phil!
Something went wrong...
12 hrs

file your dissension to the conveyer

"Émettre (ou faire) des réserves" désigne la manifestation, faite oralement ou par écrit par une partie, par laquelle cette dernière exprime son désaccord relativement au bien fondé d'une prétention et de son intention de faire valoir ultérieurement son droit en saisissant la juridiction compétente pour en connaître. La personne qui formule des réserves demande au tribunal qu'il lui en soit "donné acte", ce à quoi la juridiction saisie n'est pas obligée de faire droit.
Peer comment(s):

neutral Tony M : Your analysis is perfectly correct, but I fear your proposed translation doesn't sound a bit idiomatic in EN.
5 mins
Something went wrong...
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