Johanna Timm, PhD Feb 7, 2017:

bestens Adverb= auf das Beste; here: auf einfachste Weise"
http://tinyurl.com/zbsevvz

Dr. Andrew Hudson (asker) Feb 7, 2017:

I have a much clearer idea now. The company makes goods in a factory and ships them. The Contractor accepts bids for orders, and the preceding clause is that if the Contracting Party is absent when the goods are delivered, the Contractor can withdraw. The clause after this one states that the Contractor is entitled to store the goods at Contracting Partner's expense ("Einlagerung bei Dritten"). It seems to make sense here that "If there is imminent danger (i.e., risk in delay)," Contractor is entitled to sell the goods "for the optimum price" at Contracting Partner's expense, without becoming liable to pay compensation to Contracting Partner.

SWD Kreutel Feb 7, 2017:

@philgoddard: It doesn't have to be at the customer's expense - they may still receive the proceeds, it might just be less than under optimal circumstances and they won't get the difference from the Unternehmer. I guess that's still at their expense in a way, but it's not like they're paying for it or the Unternehmer gets more money from them for it.
And I'd also tend to "sell", but without knowing what the contract is about, we can't tell, there might be other forms of Verwertung involved.

An-Ja Feb 7, 2017:

@philgoddard & @SWD-Kreutel I second you;

sale [law] - Verwertung, die
Example: Verwertung des Pfandgegenstandes bei Zahlungsverzug --> sale (realization) of pledges upon default

at best, at the market, at market price [finan.] - bestens
bestens verwerten - to sell at best

AllegroTrans Feb 7, 2017:

Maybe but we need to know what the contract is about

philgoddard Feb 7, 2017:

Bestens verwerten Maybe "sell at market price":
http://www.dict.cc/?s=bestens
Auf Rechnung des Vertragspartners = at the customer's expense?

philgoddard Feb 7, 2017:

'Bei Gefahr im Verzug" means "in an emergency".
http://de.wikipedia.org/wiki/Gefahr_im_Verzug
Verwerten may mean dispose of, as in sell, the items supplied.

AllegroTrans Feb 7, 2017:

It would help us asker if you could tell us what is your understanding of "Verwertung" in the particular context here. Clearly it is some kind of "recovery" or something similar. I think you need to use a word that suits the subject matter.

SWD Kreutel Feb 7, 2017:

I can only find definitions related to the stock markets,
http://www.gevestor.de/details/aktienverkauf-bestens-aktien-...
http://boersenlexikon.faz.net/bestens.htm
but they would support my first interpretation that in case of danger the Unternehmer may put the subject to the best possible use/sell it for the best possible price, but any losses incurred in comparison to the price that could be achieved under optimal circumstances are the responsibility of the Vertragspartner. "Auf Rechnung" doesn't refer to the actual paper invoice, it means that the Unternehmer is allowed to act on behalf of the Vertragspartner and their finances ;) Providing a fitting translation is rather hard without more context on the subject of the whole clause.

philgoddard: "Gefahr im Verzug" is basically a looming danger or risk - it hasn't happened yet, but you can see it coming.

philgoddard Feb 7, 2017:

I've had a look at the original, or something like it, and I'm none the wiser.
The Vertragspartner are customers and the Unternehmer is the supplier.

The quote marks are there in the German, and they appear to be misusing them just to add emphasis, though I'm not sure. I don't know what "Gefahr im Verzug" means either.
http://www.stubai-sports.com/terms--21712589-en.html

phillee Feb 7, 2017:

Bestens Probably idiomatic usage. I guess it means 'problemlos' e.g. without redress, without hesitation, without consultation. Best check with the customer.

phillee Feb 7, 2017:

At the partners expense Not sure what Verwertung means in this context but my guess

This is saying that in the case of imminent danger, the contractor can dispose of something at the contract partner's expense without them being liable to compensate the contract partner