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volledige voorlopige oplevering

English translation: full provisional delivery

12:29 Aug 2, 2016
Dutch to English translations [PRO]
Law/Patents - Law (general) / Belgian government procurement (this one relating to military materiel)
Dutch term or phrase: volledige voorlopige oplevering
Not my context, but exactly the same:

"Dien een schriftelijke aanvraag tot oplevering in na de gedeeltelijke of volledige uitvoering van de opdracht

Na uw schriftelijke aanvraag tot oplevering van de leveringen, diensten of werken te hebben aanvaard, gaat de opleveringsdienst – of de in het contract aangewezen leidende dienst - na of de uitgevoerde prestaties wel degelijk aan de eisen van het contract beantwoorden.

Als de oplevering beëindigd is, ontvangt u een proces-verbaal dat u bij uw factuur voegt (belangrijk, want zonder proces-verbaal, geen betaling!)

Er zijn 3 soorten opleveringen

Afhankelijk van het soort opdracht, de aard en de omvang ervan doet de aanbestedende overheid een beroep op een type van opleveringen of een combinatie van verschillende types:

gedeeltelijke voorlopige oplevering (kwaliteit);
**volledige voorlopige oplevering*** (kwantiteit);
definitieve oplevering (aan het eind van de waarborgperiode)."

(https://www.belfius.be/corporate/NL/Themas/B2G/participate/d... )

*****************************
My context:

"De modaliteiten voor wat betreft de bestellingen, evenals de bevoegdheden van de leidend ambtenaar, worden in Par 11 van dit bestek beschreven. De modaliteiten voor wat betreft de **volledige voorlopige oplevering***, evenals de bevoegdheden van de leidend ambtenaar, worden in Par 12 van dit bestek beschreven."
*****************************

What on earth are they talking about?

I am especially puzzled by the addition of quality and quantity in brackets in:

"gedeeltelijke voorlopige oplevering (kwaliteit);
volledige voorlopige oplevering (kwantiteit);"

I can just about understand:

gedeeltelijke voorlopige oplevering = partial interim delivery
volledige voorlopige oplevering = full interim delivery

But what do "(kwantiteit)" + "(kwaliteit)" mean here?

And should "voorlopige oplevering" be "provisional delivery" or "interim delivery"?
Michael Beijer
United Kingdom
Local time: 23:44
English translation:full provisional delivery
Explanation:
This terminology appears frequently in tenders, sale contracts and freight delivery documentation. The differences between full/partial and provisional/final can relate to quantity and/or to how the delivery takes place (the latter in relation to passing of risk and passing of possession/ownership under shipping documentation, e.g. when symbolic delivery is performed on paper). A possible definition of 'full provisional delivery' is 'delivery of all goods, as defined in the relevant contract, to the shipper (as opposed to the party contracting as end-recipient of such goods)'.
As to the second question, on quality/quantity: In the example given, quality may refer to the fact that that is determined by testing samples, prior to delivery of the full quantity. While quantity is checked when delivery is physically complete. In any event, adding quantity or quantity in brackets, as per the source, should be correct. The URL below shows various, relevant search results. The third reference is to a text book which discusses various forms and phases of delivery.

--------------------------------------------------
Note added at 21 hrs (2016-08-03 10:21:38 GMT)
--------------------------------------------------

@ Michael's note: Acceptance is different from delivery so stick to delivery as that is the source word. Without reading and analysing more source context I cannot comment on the halo of potential meanings and usages of the source term in question. However, the meaning and usage of full provisional delivery is so entrenched and specific that the source author must have intended it, otherwise he would have avoided such a specific term in such a contractual context (and this argues similarly for the correctness of the translation).
p.s. I realise that you/others have already mentioned this translation but as the question was still asked and as no-one offered it as an answer I thought some confirmation was needed. Basically, straying from an accepted and defined term in such a context is opening a Pandora's box of possible interpretations. Even if the context makes for a few different translations in the eyes of the client, this is normally 'special client knowledge' based on contextual knowledge and can't be decided further by the translator than what seems a perfectly respectable and correct translation - exactly as per your first assumptions, in fact.
Selected response from:

John Holloway
Netherlands
Local time: 00:44
Grading comment
Thanks! Decided to stick with what the Dutch says.
4 KudoZ points were awarded for this answer



Summary of answers provided
4 +2full provisional delivery
John Holloway
3full provisional completion
Marijke Singer
2provisional taking of full delivery
Adrian MM. (X)


Discussion entries: 20





  

Answers


5 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5
full provisional completion


Explanation:
Oplevering can also be translated as completion when it refers to building work. Once approved or accepted, a certificate is usually issued.

Marijke Singer
Spain
Local time: 00:44
Works in field
Native speaker of: Native in EnglishEnglish, Native in SpanishSpanish
PRO pts in category: 68
Login to enter a peer comment (or grade)

6 hrs   confidence: Answerer confidence 2/5Answerer confidence 2/5
provisional taking of full delivery


Explanation:
It is possible to take delivery of goods, supplies or service, but wiithout legally and formally accepting such until a full inspection has been conducted and certain period has passed for showing up of any faults.

Compare in DE: Übernahme (physical delivery) and Abnahme (a legally defined term of art).

Predicted comment: neutral > 'you cannot compare German chalk and Dutch cheese'.

--------------------------------------------------
Note added at 8 hrs (2016-08-02 21:03:29 GMT)
--------------------------------------------------

Footnote:

But what do "(kwantiteit)" + "(kwaliteit)" mean here?

gedeeltelijke voorlopige oplevering (kwaliteit) = partial interim delivery:

I think > *provisional taking of (BrE) instalment > (AmE) installment > delivery (quality #at issue# of each instalment): a UK instalment contract for the supply of goods: if severable (splittable), the buyer can reject that instalment. If non-severable (unsplittable), the buyer can reject only the whole contract quantity.

see s. 11 of the UK Sale of Goods Act 1979: http://www.legislation.gov.uk/ukpga/1979/54

volledige voorlopige oplevering (kwantiteit) = full interim delivery > provisional taking of full (non-instalment) delivery* (the quantity-only can be #at issue# if the overall quality is below-par).



Example sentence(s):
  • It is difficult if you are taking delivery of 1000 files for example; to ensure that you do ... that the delivery is in breach of contract as the full quantity is required.

    Reference: http://www.proz.com/kudoz/dutch_to_english/construction_civi...
Adrian MM. (X)
Local time: 00:44
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 74
Login to enter a peer comment (or grade)

14 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +2
full provisional delivery


Explanation:
This terminology appears frequently in tenders, sale contracts and freight delivery documentation. The differences between full/partial and provisional/final can relate to quantity and/or to how the delivery takes place (the latter in relation to passing of risk and passing of possession/ownership under shipping documentation, e.g. when symbolic delivery is performed on paper). A possible definition of 'full provisional delivery' is 'delivery of all goods, as defined in the relevant contract, to the shipper (as opposed to the party contracting as end-recipient of such goods)'.
As to the second question, on quality/quantity: In the example given, quality may refer to the fact that that is determined by testing samples, prior to delivery of the full quantity. While quantity is checked when delivery is physically complete. In any event, adding quantity or quantity in brackets, as per the source, should be correct. The URL below shows various, relevant search results. The third reference is to a text book which discusses various forms and phases of delivery.

--------------------------------------------------
Note added at 21 hrs (2016-08-03 10:21:38 GMT)
--------------------------------------------------

@ Michael's note: Acceptance is different from delivery so stick to delivery as that is the source word. Without reading and analysing more source context I cannot comment on the halo of potential meanings and usages of the source term in question. However, the meaning and usage of full provisional delivery is so entrenched and specific that the source author must have intended it, otherwise he would have avoided such a specific term in such a contractual context (and this argues similarly for the correctness of the translation).
p.s. I realise that you/others have already mentioned this translation but as the question was still asked and as no-one offered it as an answer I thought some confirmation was needed. Basically, straying from an accepted and defined term in such a context is opening a Pandora's box of possible interpretations. Even if the context makes for a few different translations in the eyes of the client, this is normally 'special client knowledge' based on contextual knowledge and can't be decided further by the translator than what seems a perfectly respectable and correct translation - exactly as per your first assumptions, in fact.


    https://www.google.nl/search?q=full+provisional+delivery+tender+&ie=utf-8&oe=utf-8&client=firefox-b&gfe_rd=cr&ei=B1ShV5_bOdDj8weJ5paIBw
John Holloway
Netherlands
Local time: 00:44
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 23
Grading comment
Thanks! Decided to stick with what the Dutch says.
Notes to answerer
Asker: Thanks John, "full provisional delivery" is actually what I had/have so far. PS: found another relevant bit in my own text: "De leveringen zullen gewaarborgd worden voor een periode van 24 maanden vanaf de dag van volledige voorlopige oplevering." Incidentally, am finding loads of relevant hits for "full provisional acceptance". Such as, e.g.: "If one or more of the conditions for Provisional Acceptance set out in clause 15.7 has not been satisfied in respect of a Unit when the Unit is tendered for Provisional Acceptance by the Manufacturer, and provided that the Unit can nevertheless be operated safely and in accordance with all Applicable Laws and Standards and the terms of all Relevant Approvals, the Purchaser shall be entitled (but not obliged) nonetheless to issue a QPAC in respect of that Unit. The QPAC shall list in detail the outstanding conditions to be satisfied and tasks to be performed by the Manufacturer in order for **full Provisional Acceptance** and **Final Acceptance** of the Unit to occur 15.13. (the Preconditions) and require the Manufacturer to satisfy the Preconditions in accordance with a timetable set out in the relevant QPAC, which timetable shall state that all Preconditions must in any event be completed on or before the date on which Final Acceptance of the Unit is scheduled to occur pursuant to the Project Programme (Preconditions Timetable)." What do you think is the difference between "full provisional delivery" + "full provisional acceptance"?

Asker: (sorry, when writing the above note, it actually had paragraph divisions. not so easy to decipher now)


Peer comments on this answer (and responses from the answerer)
agree  Tina Vonhof (X)
11 hrs
  -> thanks Tina
agree  Kitty Brussaard: A belated agree :-) This is indeed the safest option.
15 hrs
  -> thanks Kitty
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