poorlittle
第17楼2007/10/12
Since I had mentioned “Indemnification”, I picked Clause 5.1 to consult a lawyer and she commented that
1. (collectively, “Losses”) generally means 以上总称之为 “Losses”
2. The word “use” was not translated.
3. The words “party other than Distributor” were not properly translated
4. “…any fault or negligence of Company, or any use or misuse of the Products by a party other than Distributor.” generally means 因公司的疏忽或错误,或经销商以外之人士因使用或误用产品而引起的………
She also advised that 非法律专业人士翻译法律文件后果可能很严重。
shuzi
第19楼2007/10/13
谢谢你的帮助,恩!
是这样的,合同英文文本这两天会交给律师,让他们专业人士研究一下,我做的翻译只是参考,另外,我公司在谈判的时候会提出“合同以中英文两种文字书就,如果两种文字在字义上产生抵触时,必须按照两种文字的意义做出折中判断”,这样对双方都有利。
谢谢,非常感谢~~~~~
poorlittle
第20楼2007/10/14
I think that this may not be a good idea although it seems fair. If there is any dispute arising under this Agreement, shall it be subject to the jurisdiction and venue of a court located in USA or in China?
Remark:
中华人民共和国香港特别行政区基本法就是中英双语的, 但中英双方专家逐字逐句商讨、斗争了十多年才完成。
shuzi
第21楼2007/10/15
呵呵,政治的东西不可以相提并论,且基本法事关政府尊严,怎么着也得来回多切磋几回!
thank you all the same!
poorlittle
第22楼2007/10/15
律师行文, 异于常人。 你忙了这么久, 看个笑话吧! Please refer to the following joke:
The professor of a contract law class asked one of his better students, "If you were to give someone an orange, how would you go about it?"
The student replied, "Here's an orange."
The professor was outraged. "No! No! Think like a lawyer!"
The student then replied, "Okay. I'd tell him `I hereby give and convey to you all and singular, my estate and interests, rights, claim, title, claim and advantages of and in, said orange, together with all its rind, juice, pulp, and seeds, and all rights and advantages with full power to bite, cut, freeze and otherwise eat, the same, or give the same away with and without*** the pulp, juice, rind and seeds, anything herein before or hereinafter or in any deed, or deeds, instruments of whatever nature or kind whatsoever to the contrary in anywise notwithstanding..."
*** Similarly, in your draft Agreement, the lawyer used “use and misuse”
(Is there anybody interested in translating the above?)