...の適用を排除し

English translation: waiv[ing] the application of...

04:24 Nov 22, 2011
Japanese to English translations [PRO]
Law/Patents - Law: Contract(s)
Japanese term or phrase: ...の適用を排除し
Here is the whole sentence: 但し、個別契約において、本契約に定める事項の一部もしくは全部の適用を排除し、または本契約と異なる事項を約することを妨げない (I had for help on the back part of this question earlier.)

I would like to know the words that are most commonly used for the above. And, if I can get an idea for the sentence structure in its entirety, that would be most helpful. Thank you.
Joyce A
Thailand
Local time: 15:37
English translation:waiv[ing] the application of...
Explanation:
You seem to be translating a general commercial liability policy -- is that right? This provision refers to the common insurance industry practice of using policy endorsements to supplement, modify, or waive these general policies with respect to specific transactions (a common endorsement on an auto liability would be an "excluded driver" schedule).

Here's my best crack at this sentence:

"Provided, however, that nothing in this Agreement shall be construed as precluding the parties from, by separate agreement, waiving, either in part or in full, or modifying any of the terms or conditions set forth herein."

http://crunderwriters.com/Documents/Homebuilding_Specimen_Po...
Insurance policy, p. 26: "This policy's terms can be amended or waived only by endorsement issued by us and made part of this policy."

http://www.witwit.co.jp/wabun/index.html
I'd check this site only for its general reference value...the English does not sound lawyerly, and I'm fairly certain that it was drafted by a non-native speaker. If you're still confused about the context for the document you're translating, though, it should help you a great deal.

--------------------------------------------------
Note added at 7 days (2011-11-29 04:24:56 GMT) Post-grading
--------------------------------------------------

You are most welcome -- always glad to help.
Selected response from:

JapanLegal
Japan
Local time: 17:37
Grading comment
Thank you, Shannon!
4 KudoZ points were awarded for this answer



Summary of answers provided
4 +1waiv[ing] the application of...
JapanLegal
3 +1exclude the application of ...
Benshin


Discussion entries: 7





  

Answers


1 hr   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): +1
exclude the application of ...


Explanation:
most commonly used であるかはわかりませんが、検索すると結構出てきます。

この和文では、主語と誰に対して妨げないのかが明らかではありませんが、私なら適宜補って、

Provided, however, that the provisions of this Article shall not prevent the parties hereto from excluding ... or entering into an engagement ... in the individual contracts

などとするように思います。

Benshin
Japan
Local time: 17:37
Specializes in field
Native speaker of: Japanese

Peer comments on this answer (and responses from the answerer)
agree  Vladyslav Golovaty: in order to exclude the utilization (of some or all of the matters (ことども))
2 hrs
  -> Thank you very much.
Login to enter a peer comment (or grade)

11 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
waiv[ing] the application of...


Explanation:
You seem to be translating a general commercial liability policy -- is that right? This provision refers to the common insurance industry practice of using policy endorsements to supplement, modify, or waive these general policies with respect to specific transactions (a common endorsement on an auto liability would be an "excluded driver" schedule).

Here's my best crack at this sentence:

"Provided, however, that nothing in this Agreement shall be construed as precluding the parties from, by separate agreement, waiving, either in part or in full, or modifying any of the terms or conditions set forth herein."

http://crunderwriters.com/Documents/Homebuilding_Specimen_Po...
Insurance policy, p. 26: "This policy's terms can be amended or waived only by endorsement issued by us and made part of this policy."

http://www.witwit.co.jp/wabun/index.html
I'd check this site only for its general reference value...the English does not sound lawyerly, and I'm fairly certain that it was drafted by a non-native speaker. If you're still confused about the context for the document you're translating, though, it should help you a great deal.

--------------------------------------------------
Note added at 7 days (2011-11-29 04:24:56 GMT) Post-grading
--------------------------------------------------

You are most welcome -- always glad to help.

JapanLegal
Japan
Local time: 17:37
Specializes in field
Native speaker of: Native in EnglishEnglish, Native in JapaneseJapanese
PRO pts in category: 16
Grading comment
Thank you, Shannon!

Peer comments on this answer (and responses from the answerer)
agree  Hidenori Nakamura
9 hrs
  -> Thank you! ^_^
Login to enter a peer comment (or grade)



Login or register (free and only takes a few minutes) to participate in this question.

You will also have access to many other tools and opportunities designed for those who have language-related jobs (or are passionate about them). Participation is free and the site has a strict confidentiality policy.

KudoZ™ translation help

The KudoZ network provides a framework for translators and others to assist each other with translations or explanations of terms and short phrases.


See also:
Term search
  • All of ProZ.com
  • Term search
  • Jobs
  • Forums
  • Multiple search