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or otherwise

English translation: or otherwise

18:08 Jun 22, 2008
English language (monolingual) [PRO]
Law/Patents - Law: Contract(s) / Licence Agreement
English term or phrase: or otherwise
The agreement clause is:

The above is the only warranty of any kind, either express or implied, statutory ***or otherwise***, including but not limited to the implied warranties of merchantability and fitness for a particular purpose...

Can you explain, please, the exact meaning of "or otherwise" in this specific context?

Thank you!
Marina Soldati
Argentina
Local time: 17:29
Selected answer:or otherwise
Explanation:
The text refers to warranties that are statutory ... or not statutory.

In phrases such as this, we write 'or otherwise' to avoid repetition.

The 'or otherwise' therefore refers to any kind of warranty that is not statutory.

By saying 'statutory or otherwise' the author is emphasising that it doesn't matter whether other warranties are statutory or not - the only warranty that applies is that offered 'above'.

Such exclusions of statutory and all other warranties are of course unenforceable in many countries.
Selected response from:

Jennifer Levey
Chile
Local time: 16:29
Grading comment
Excellent explanation, thanks a lot.
4 KudoZ points were awarded for this answer



SUMMARY OF ALL EXPLANATIONS PROVIDED
3 +3statutory or not statutory
Egil Presttun
4 +2or otherwise
Jennifer Levey
4any and all
Demi Ebrite
4or other than
Ghyslaine LE NAGARD


Discussion entries: 1





  

Answers


9 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): +3
statutory or otherwise
statutory or not statutory


Explanation:
statutory: stated in the law.
not statutory: stated elsewhere, i.e. in some agreement.



Egil Presttun
Norway
Local time: 22:29
Native speaker of: Norwegian

Peer comments on this answer (and responses from the answerer)
agree  cmwilliams (X)
1 hr
  -> Thanks!
agree  Tatiana N. (X): anything not provided by statute - regulatory (administrative), common law, secondary authority (Restatements etc. - if in USA)
3 hrs
  -> Thanks!
agree  Deborah Workman
8 hrs
  -> Thanks!
Login to enter a peer comment (or grade)

10 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +2
or otherwise


Explanation:
The text refers to warranties that are statutory ... or not statutory.

In phrases such as this, we write 'or otherwise' to avoid repetition.

The 'or otherwise' therefore refers to any kind of warranty that is not statutory.

By saying 'statutory or otherwise' the author is emphasising that it doesn't matter whether other warranties are statutory or not - the only warranty that applies is that offered 'above'.

Such exclusions of statutory and all other warranties are of course unenforceable in many countries.

Jennifer Levey
Chile
Local time: 16:29
Native speaker of: Native in EnglishEnglish
PRO pts in category: 24
Grading comment
Excellent explanation, thanks a lot.

Peer comments on this answer (and responses from the answerer)
agree  cmwilliams (X)
1 hr
agree  Deborah Workman
8 hrs
Login to enter a peer comment (or grade)

8 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5
any and all


Language variant: US English

Explanation:
It is stating that the warranty (above) is the sole and only warranty. The use of the term **or otherwise** means any and all; any other type, including all other types...

--------------------------------------------------
Note added at 11 mins (2008-06-22 18:20:12 GMT)
--------------------------------------------------

Statutory, here means 'prescribed or authorized by statute', so statutory, **or otherwise** means there is no other warranty,even beyond the statute, it is final.

Demi Ebrite
United States
Local time: 15:29
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 4
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14 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5
or other than


Explanation:
statuatory or other than statuatory

Ghyslaine LE NAGARD
New Caledonia
Specializes in field
Native speaker of: Native in FrenchFrench, Native in EnglishEnglish
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