Glossary entry

Spanish term or phrase:

servicios (no) contratados en firme

English translation:

services (not) contracted on a firm basis

Added to glossary by Charles Davis
Jan 20, 2019 10:12
5 yrs ago
10 viewers *
Spanish term

Servicios (no) contratados en firme

Spanish to English Law/Patents Law: Contract(s)
I am translating a contract. The two parties are in the gas/mining sector. I am unsure of how to translate the terms "servicios contratados en firme" and "servicios no contratados en firme".

ABC informó a XYZ el ejercicio de su derecho de contratar los Servicios en firme bajo modalidad de pago PQR. A esta fecha la Cantidad Contractual del Cliente bajo el Acuerdo asciende a la cantidad de [x], de los cuales [Y] corresponden a Servicios en firme y [Z] corresponden a Servicios no contratados en firme.

One company is offering the other the chance to change some of the servicios no contratados en firme to servicios contratados en firme, but I am still not sure what this means, or how to say it in English.
Change log

Jan 25, 2019 09:40: Charles Davis Created KOG entry

Discussion

Charles Davis Jan 20, 2019:
Therefore I am arguing that "servicios contratados en firme" means contracted services that are firm services (uninterruptible) and "servicios no contratados en firme" means contracted services that are non-firm services (interruptible). It's the only thing that makes sense here. But contracted services that are non-firm is not the same thing as non-contracted firm services.
Charles Davis Jan 20, 2019:
My position, as I've said below, is that "servicios no contratados en firme" can't mean "non-contracted firm services", because firm services can't be non-contracted. If a service to transport gas (which is what we're talking about) is non-contracted, how can it be firm? Firm means that it can't be interrupted, but what's to stop it being interrupted if there's no contract? This is reflected in the fact that there is not a single instance of "non-contracted firm services" online; it's a meaningless phrase.
Charles Davis Jan 20, 2019:
@Neil Do you mean that they both sound all right or that they both reflect the meaning of the Spanish? I don't think the second can be true, because they mean two quite different things.
neilmac Jan 20, 2019:
Firm services/ contracted on a firm basis I think Maximo's answer and Charles' version both work.

Proposed translations

+3
59 mins
Selected

services (not) contracted on a firm basis

The crux of this, I believe, is that in this context (gas transport), "en firme" refers to the services. "Contratado/no contratado en firme" doesn't refer to the contract itself being firm or non-firm (provisional: not definitively in force); it refers to whether the services contracted are firm (non-interruptible) or non-firm (interruptible).
https://en.wikipedia.org/wiki/Firm_service

In other words, this company has a contract for services, and these services include a portion contracted on a firm basis and another portion contracted on a non-firm basis. The change you've referred to is to change the contractual terms of the latter to the former: to change the portion of the services contracted on a non-firm basis to firm services.

Here's an example (from Colombia) of "contratar en firme" clearly (in my opinon) meaning contracting to supply firm services:

"Oferta Total en firme a un año -- 292 GBTUD
El campo Ballena no cuenta con disponibilidad de gas para contratar en firme a un año."
http://www.bmcbec.com.co/media/1559/informe-oferta-ptdvf-cid...

I think "on a firm basis" would probably be the best way of expressing it, and it's used in this sector.

"Non-Obligated Deliveries - Any quantity of gas which a customer is not committed to deliver to and be received by Union Gas on a firm basis."
https://www.uniongas.com/storage-and-transportation/resource...

"At this level, MISO will have to rely relatively heavily on imports that are not contracted on a firm basis."
http://greatnortherntransmissionline.com/assets/documents/Ce...
Peer comment(s):

agree Sergio Kot
4 mins
Thanks, Sergio :-)
agree neilmac
29 mins
Cheers, Neil ;-)
agree philgoddard
4 hrs
Thanks, Phil :-)
disagree Maximo Wilhelm Muñoz : Review my answer under yours Charles. Best, Maximo. :)
5 hrs
I still think I'm right about this. I'll explain why I think you can't be right below.
agree Robert Carter
21 hrs
Thanks very much, Robert
Something went wrong...
4 KudoZ points awarded for this answer.
-2
6 hrs

Non-contracted Firm Services [Uninterruptible Services].

Translation in the Legal and Oil&Gas Industries specialized terminologies...
---
ES: ABC informó a XYZ el ejercicio de su derecho de contratar los Servicios en firme bajo modalidad de pago PQR. A esta fecha la Cantidad Contractual del Cliente bajo el Acuerdo asciende a la cantidad de [x], de los cuales [Y] corresponden a Servicios en firme y [Z] corresponden a Servicios no contratados en firme.

EN: ABC reported to XYZ the exercise of its rights to hire the Firm Services [Uninterruptible Services] under payment modality PQR [sic]. To this date the Contractual Amount of the Client under Agreement reaches the amount of [x], of which [Y] correspond to Firm Services [Uninterruptible Services] and [Z] correspond to non-contracted Firm Services [Uninterruptible Services].
---
Nota: PQR [sic, ya que no sé a qué modalidad se refieren estas siglas].
---
Espero sea de tu ayuda G. Gray...

De manera muy atenta,

Maximo.

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Note added at 6 horas (2019-01-20 16:31:32 GMT)
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...
Firm services, also called uninterruptible services, are services, such as electricity and natural gas supplies, that are intended to be available at all times during a period covered by an agreement. Also, the service is not subject to a prior claim from another customer and receives the same priority as any other firm service. Conditional firm service is similar to firm service in that it is reserved and has priority over interruptible service. However, it can have restrictions, such as times when it would be curtailed before firm service but after interruptible service. The cost per unit with this service is called a firm rate or uninterruptible rate. The opposite of firm service is non-firm service, also called interruptible service or as-available service. The cost per unit for this service is called a non-firm rate or interruptible rate. The interruptible load is the portion of a utility's load that comes from customers with interruptible service.

Firm service cannot be interrupted during adverse conditions, such as periods of high demand. However, firm service may also refer to service that is covered by a long-term contract, such as a year or more. There are extreme cases when firm services may be interrupted, such as emergencies and when system reliability is threatened. Services to homes and small businesses are usually firm. Some businesses that cannot afford interruptions also have firm service. Businesses that can afford to have services interrupted or that can significantly reduce their consumption when notified by the provider can get better rates by having non-firm service. Customers that have non-firm service may have a low level or baseline firm service that is guaranteed so that they do not have to shut down completely. Firm and non-firm service is also available for companies that rent or lease pipeline or electrical transmission capacity.

Firm service for natural gas pipelines and electrical transmission lines often include two charges. The first is a reservation charge related to how much capacity the customer reserves. This charge is paid regardless of how much capacity is actually used. The second charge is based on how much capacity is used. Interruptible rates are volumetric, being based only on the volume of gas or electricity delivered.

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Note added at 6 horas (2019-01-20 16:52:04 GMT)
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(Charles Davis): Again, here there is the explanation link...
https://en.wikipedia.org/wiki/Firm_service
Peer comment(s):

neutral Charles Davis : It can't meant "servicios en firme no contratados"; "firme" expresses an obligation, which is meaningless if it's not contracted. This must refer to whether the services contracted are "en firme" or not. // No, that can't be right; it doesn't make sense.
10 mins
¿? I have already shared the explanation link Charles Davis… Either "servicios contratados en firme" or "servicios en firme no contratados" should had been expressed as: "contratados servicios en firme" or "no contratados servicios en firme". Best, Maximo
disagree philgoddard : Charles is right.
53 mins
Up to you Phil, ha ha ... I have already expressed the reasons, and the most relevant is: https://en.wikipedia.org/wiki/Firm_service ... If you are going to disagree, at least express a professional reason.
disagree Robert Carter : Yes, Charles explanation is clear. Conversely, you haven't explained why you think it should be "non-contracted" rather than "non-firm".
15 hrs
Ja ja ja
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