Glossary entry

English term or phrase:

unqualified acceptance

Chinese translation:

無條件接受

Added to glossary by ysun
Jun 3, 2006 05:50
18 yrs ago
3 viewers *
English term

unqualified acceptance

English to Chinese Law/Patents Law: Contract(s)
LIMITED WARRANTY:
Purchaser's receipt of any product delivered hereunder shall be an unqualified acceptance of and a waiver by Purchaser of the right of Purchaser to make a claim with respect to such product.

I got 无规限承兑 or 无条件承兑, but it doesn't seem to fit the context. Thank you in advance!

Discussion

ysun (asker) Jun 3, 2006:
Last Hermit: Thank you for your comment, but I don't care if the author is a qualified one or not. As a translator, I am supposed to translate, not to improve the original. On the other hand, I can see many people are also using the same pattern.
Last Hermit Jun 3, 2006:
That's what I understand. But the author is NOT a qualified one to write something like this. 'such product' must NOT be omitted. It is ABSOLUTELY NOT acceptable in legalese, not even in informal text.
ysun (asker) Jun 3, 2006:
I think the sentence should be understood as follows:
Purchaser's receipt of any product delivered hereunder shall be an unqualified acceptance of (such product) and a waiver by Purchaser of the right of Purchaser to make a claim with respect to such product.
Thank you all!
Last Hermit Jun 3, 2006:
Now, let's see what 《英汉法律词典·修订本》 has to say about 'unqualified': a. 1. 不合格的,不适宜的 2.无限制的,无条件的 3.绝对的,完全的
Last Hermit Jun 3, 2006:
完全接受 might sound better in this particular context.
Last Hermit Jun 3, 2006:
But nonetheless, the suggested meaning seems to be clear enough: 买家一旦接收下述之任何产品,即表示其无条件接受该产品,并放弃有关该产品的索偿权。
Last Hermit Jun 3, 2006:
Anything missing in your text? Acceptance of what? Accetance of the right to make a claim with respect to such product and a waiver by the buy of the right to make a claim with respect to such product?
wherestip Jun 3, 2006:
On second thought, "承兑" probably means "承认(交易已)兑现" in HK, so why not?
wherestip Jun 3, 2006:
No doubt Yueyin is only looking for the proper legal term in Chinese, which boils the question down to how to interpret "承兑". In other words, should it be changed to "接受" in this context? IMO probably.
Naikei Wong Jun 3, 2006:
The basic meaning of unqualified is "complete"; otherwise, the "official" rendition in HK is one you've already had: http://www.csb.gov.hk/hkgcsb/glossary/glossary_detail.php?vi...

Proposed translations

+2
1 hr
Selected

要約接受

在法律上有這種說法:無條件、絕對、要約接受。

稱之為 "要約接受" 是因為接受的條件已約定在先,所以依據約定必須接受。
在你這個文本裡應該說得通吧?
Peer comment(s):

agree wherestip
4 hrs
Thanks, Stephen.
agree Danbing HE
1 day 5 hrs
Thanks.
Something went wrong...
4 KudoZ points awarded for this answer. Comment: "I am going to use 無條件接受, the first one in your suggestion. Thank you all! "
+1
1 hr

不附条件的承兑

"acceptance" (承兑) means an acceptance completed by delivery or notification

不受制于这种终止条件的称为“绝对(absolute)”或“不附条件(unqualified)”的地产权。

无条件承兑 =不附条件承兑
Peer comment(s):

agree pkchan
5 hrs
Something went wrong...
+1
4 hrs

Look! You need a GOOD and PROPER dictionary.

From NODE: without reservation or limitation; total: the experiment was not an unqualified success.

That means 全盘/无条件接受

In Hong Kong, it is translated as '无约制'. Check this out: http://www.legislation.gov.hk/glossary.nsf/b91ab7b398db4c214...

From OED:
3. Not modified, limited, or restricted.
1796 F. Burney Camilla I. 76 [He] could scarce refrain from a smile at this unqualified opening. 1857 Prescott Philip II, i. (1857) 145 His ardour did not precipitate him into any unqualified declaration of his passion. 1878 R. B. Smith Carthage 7 The unsparing and unqualified denunciations of Tyre and Sidon+in Joel and Amos.

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Note added at 4 hrs (2006-06-03 10:37:48 GMT)
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Longman gives more details: [usually before noun] used for emphasizing that a quality is complete and total
The experiment had not been an unqualified success. He gave her his unqualified support.

None of these references indicates that this term is a legal one.

At ANSWERS, though, the Chinese translations do NOT give the definiton of 'unrestricted' as it is given in other languages.
Note from asker:
Thank you for your suggestions! I do have a GOOD and PROPER dictionary, but I didn't use it last night. I must have been drunk last night! :)
Peer comment(s):

agree wherestip : LH, I agree with your interpretation, but not the dictionary comment ;-)
1 hr
Something went wrong...
5 hrs

a legal term. see 'terms and conditions of sale'


TERMS AND CONDITIONS OF SALEFailure to notify National in writing of nonconforming products within such period shall be deemed an unqualified acceptance. Buyer shall notify National of ...
www.national.com/Commerce/TACOS.html - 21k - Cached - Similar pages


SAG... at our premises, upon unqualified acceptance of goods or services by us. ... We are entitled to terminate the contracts of sale /contract for work ...
www2.sag.at/SAG/content.jsp?contentID=671 - 39k - Cached - Similar pages

Dataforth - Terms and Conditions of SalesBUYER'S PURCHASE AND ACCEPTANCE OF PRODUCTS FROM SELLER CONSTITUTES BUYER'S ASSENT TO AND ... In any contract entered into with the federal government, ...
www.dataforth.com/terms_and_conditions_sale.html - 75k - Cached - Similar pages



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Note added at 5 hrs (2006-06-03 11:44:09 GMT)
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see offer and acceptance 邀约和接受:

karen--[转载]合同翻译的第一步——读懂合同文件 - [ Translate this page ]1. offer and absolute and unqualified acceptance (要约和绝对接受) 2. consensus ad idem (意思表示一致, 也叫meeting of minds) 3. intention to create legal relations ( 建立合同关系的意愿) 4. genuineness of consent (同意的真实性) ...
www.dreamdiy.net/more.asp?name=karen&id=757 - 66k - Cached - Similar pages

unqualified acceptance = acceptance without qualification (=限制;限定条件):

金山词霸搜索-免费在线词典查词翻译__acceptance - [ Translate this page ]商业承兑汇票. unconditional [unqualified] acceptance. 无条件承兑. virtual acceptance. 事实上的承兑[接受] ... acceptance of bill of exchange. 票据承付. acceptance of deposits. 接受存款. acceptance of goods. 承运货物. acceptance of offer ...
www.iciba.com/search?lang=utf-8& s=acceptance&d=PWDECMC - 23k - Supplemental Result - Cached - Similar pages

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Note added at 5 hrs (2006-06-03 11:44:51 GMT)
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unqualified acceptance of such product
Note from asker:
I think you are right: "unqualified acceptance of such product". Thanks!
Something went wrong...
16 days

无条件的接受(买卖合同)VS 无条件承兑(票据合同)

如果是买卖合同,应为“无条件的接受”,如果是票据合同,则为“无条件承兑”。在上述句子中,很大程度上是买卖合同,所以,应译为“无条件接受”为妥。
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