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Apr 28, 2011 16:29
13 yrs ago
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French term

retenue de garantie

French to English Law/Patents Law: Contract(s) Contract
The word 'Holdback' has been suggested. Is it the best...?

Le marché peut prévoir l'application d'une retenue de garantie en vue de couvrir l'exécution par le fournisseur, de ses engagements souscrits au titre de la garantie définie à l'article 30 "Garantie".

Discussion

Anglais Aide (asker) Apr 29, 2011:
The context is the following: it's a contract of terms and conditions between a supplier and its subcontractors.
AllegroTrans Apr 29, 2011:
Yes Ordinary construction contracts would be likely to use simply "retention". We definitely need MORE CONTEXT PLEASE ASKER.
B D Finch Apr 29, 2011:
Context required What sort of contract is it? Are you translating into US or UK English? Construction contracts in the UK would use different terminology for this expression from that used for other types of contract.
silvester55 Apr 29, 2011:
@ asker yes it is better to use a more general term , "holdback" doesn't seem to be universal ( Allegro's note).
AllegroTrans Apr 28, 2011:
Is it the best? It depends on what side of the Atlantic your translated text is for. "Holdback" is not used in UK.

Proposed translations

25 mins

retained as security , or payment holdback

If the risk to the City is not adequately limited by the progress payment provisions of the contract, a minimum payment holdback of 10% shall be......

A sum may be retained as security until final acceptance of delivery.
Note from asker:
Thank you. I think retained as security sounds good.
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48 mins

withhold a guarantee

"...may withhold a guarantee ..."
Note from asker:
Thanks for your input.
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8 hrs

guarantee deposit

or security deposit or any of a *long* list of synonyms that you can find on IATE, many of them involving the word 'retention'.

As the sentence goes on to make abundantly clear, this is a performance bond, which of course is retained and withheld in the event of nonperformance.

So you don't NEED any explicit mention of retention. What helps is to make clear to the reader that 'guarantee' is being used here not in its primary meaning (formal assurance) but in a secondary one (something that ensures a particular outcome). This guarantee is a sum of money paid in advance: in other words, a deposit.

Keeping a cognate (guarantee) in the term does tend to make it easier for the translator.
Note from asker:
Thank you.Helpful explanations.
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1 day 1 hr

retention/payment retention

#
#
NEC3 Blog: Retention
So, point to note is that retention is not automatically included in the contract unless expressly stated in Contract Data part one (1st bullet) ...
neccontracts.blogspot.com/2010/11/retention.html
#

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Fair Payment Campaign
When signing the contract, make sure the cash retention clause does not apply by ... Requesting details of main contract retention provision from contractor ...
www.fairpaymentcampaign.co.uk/removal-of-retentions.asp
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Long Term Supply Agreement (Sale or Return)
This Long Term Supply Agreement (Sale or Return) is designed for use where the buyer is purchasing goods on a long term basis for resale. In addition to the standard ...
www.simply-docs.co.uk/Document.aspx?documentID=1995
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Reference comments

32 mins
Reference:

Already addressed

If you search for retenue de garantie, you'll find:
http://www.proz.com/kudoz/french_to_english/bus_financial/40...
as well as other entries.
Peer comments on this reference comment:

agree philgoddard
1 hr
Thank you!
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