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Thread: Correct?


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    #1

    Correct?

    Hi,

    could you please proofread the following text:

    .... if the Buyer has failed to take delivery of the goods under any contract between in and the Seller otherwise than in accordance with the Buyer´s contractual rights.

    I would drop "otherwise than" or does it make sense in that sentence?

    Thank you very much.

    hanka

  1. bianca's Avatar
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    #2

    Re: Correct?

    between in and the Seller ??

    otherwise than - other than


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    #3

    Re: Correct?

    Oh, that works really quickly

    *between it and the Seller*

    I´d say EITHER "if he has failed to take delivery of the goods in accordance with the Buyer´s contractual rights" OR "if he has taken delivery of the goods otherwise than accordance with the Buyer´s contractual rights"

    But the original sentence doesn´t appear correct to me, be it with "otherwise than" or "other than"

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    #4

    Re: Correct?

    Quote Originally Posted by Hanka View Post
    Hi,

    could you please proofread the following text:

    .... if the Buyer has failed to deliver the goods without a (legal?) contract between itself (?why it?? - himself, maybe?) and the Seller, other than in accordance (keeping) with the Buyer´s contractual rights.

    I would drop "otherwise than" or does it make sense in that sentence?

    Thank you very much.

    hanka
    hard to understand the sentence, but is this of any help?


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    #5

    Re: Correct?

    The whole sentence is:

    The Seller shall be entitled to terminate the contract if the Buyer has failed to take delivery of the goods under any contract betweeen it and the Seller otherwise than in accordance with the Buyer´s contractual rights.

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    #6

    Re: Correct?

    Quote Originally Posted by Hanka View Post
    The whole sentence is:

    The Seller shall be entitled to terminate the contract if the Buyer has failed to undertake delivery of the goods upon contract betweeen itself and the Seller other than in accordance with the Buyer´s contractual rights.
    how about this?
    Last edited by bianca; 26-Jun-2007 at 20:10.


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    #7

    Re: Correct?

    Actually, it still isn´t the right one

    The Buyer does not undertake the delivery, he takes over the goods supplied by the Seller (takes delivery of the goods). And, in my opinion, the sentence says, that if the buyer doe snot take over the goods in accordance with his contractual rights, the seller is entitled to terminate the contract. Therefore I don´t understand this "otherwise than"


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    #8

    Re: Correct?

    In a contract, I would normally expect to use this phrasing:

    The Seller shall be entitled to terminate the contract if the Buyer has failed to take delivery of the goods under any contract between the Buyer and the Seller otherwise than in accordance with the Buyer´s contractual rights.

    My take on its meaning:

    The person selling the goods can end the contract if the purchaser of the goods did not/would not take delivery of the goods, apart from the purchaser's contractual rights (ie, if the goods fail to meet specification, standard or required quality)

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