Glossary entry (derived from question below)
German term or phrase:
nachträglichen Wegfall
English translation:
subsequent cancellation
Added to glossary by
Kim Metzger
Mar 19, 2017 19:33
7 yrs ago
3 viewers *
German term
United States
nachträglichen Wegfall
German to English
Law/Patents
Law: Contract(s)
Commercial Agency Agreement
This is from a section in an Agency Contract which discusses commissions:
"Bereits erhaltene Provisionen hat der HANDELSVERTRETER dem UNTERNEHMER im Falle des nachträglichen Wegfalles unverzüglich zurückzuzahlen."
My question is: omission, cessation, discontinuance, etc., of what? the preceding two clauses dealt with default on payment on the part of client, but that was in a different Item, and this sentence is the only one of its Item number. It sounds like, "If the client stops payment after the Agent has already been paid a commission, s/he must pay it back," or something to that effect.
"Bereits erhaltene Provisionen hat der HANDELSVERTRETER dem UNTERNEHMER im Falle des nachträglichen Wegfalles unverzüglich zurückzuzahlen."
My question is: omission, cessation, discontinuance, etc., of what? the preceding two clauses dealt with default on payment on the part of client, but that was in a different Item, and this sentence is the only one of its Item number. It sounds like, "If the client stops payment after the Agent has already been paid a commission, s/he must pay it back," or something to that effect.
Proposed translations
(English)
Change log
Apr 2, 2017 04:58: Kim Metzger Created KOG entry
Proposed translations
+5
35 mins
Kim Metzger
Mexico
Mexico
Native in English
Specializes in field
Mexico
Committed to Quality and Service
Native in: English (Variant: US) 
Works in: German to English
Related KudoZ points
:
1256
Selected
subsequent cancellation
It looks like the agent will have to refund the client if an ORDER for which he received a commission is cancelled or doesn't come about for some other reason.
"In the event that the Agent receives commission payments for orders that are subsequently refunded, charged back, or the Company otherwise fails to realize the income from such a sale, the Agent shall offset any future commissions paid by the amount by which the commissions actually paid would be reduced if the sales associated with income the Company failed to realize were never completed."
https://www.pandadoc.com/agency-agreement-template
"In the event that the Agent receives commission payments for orders that are subsequently refunded, charged back, or the Company otherwise fails to realize the income from such a sale, the Agent shall offset any future commissions paid by the amount by which the commissions actually paid would be reduced if the sales associated with income the Company failed to realize were never completed."
https://www.pandadoc.com/agency-agreement-template
4 KudoZ points awarded for this answer.
Comment: "Selected automatically based on peer agreement."
46 mins
Michael Martin, MA
United States
United States
Native in German
&
English
Specializes in field
United States
Creativity wins in the long run
Native in: German (Variant: Germany) 
, English (Variant: US)
Works in: German to English
Related KudoZ points
:
245
in the event that Agent's services are discontinued
, Agent is required to return any unearned commissions.
Wegfall is equivalent to discontinuance for whatever reason. Use of 'unearned commissions' eliminates the need for unwieldy after-the-fact constructions (nachträglich).
Wegfall is equivalent to discontinuance for whatever reason. Use of 'unearned commissions' eliminates the need for unwieldy after-the-fact constructions (nachträglich).
1 hr
subsequent frustration of the contract
As the exact meaning of the term "Wegfall" is vague, and because of the adjective "nachträglicher", I would tend to using a less definite expression "frustration of the contract".
5 hrs
David Hollywood
Native in English
worked for int. orgs (IMF, OAS, IDB)
Native in: English
Works in: Spanish to English, German to English
Related KudoZ points
:
327
any (and all) commission(s) shall be immediately refunded to the contractor
in the event of subsequent cancellation of the contract/agreement
19 hrs
Sebastian Witte
Germany
Germany
Native in German
Specializes in field
Germany
Responsive with well-rounded knowledge
Native in: German (Variant: Germany)
Works in: English to German, German to English, Spanish to German, and 5 more.
Related KudoZ points
:
103
subsequent cancellation (of commission)
There is also the word lapse but I am not sure about it here.
Well, anyway, why deviate from source when it's not necessary.
Restricting the meaning to cancellation of the underlying transaction (order) might be
too narrow as other reasons for an entitlement to commission lapsing/being cancelled are conceivable.
--------------------------------------------------
Note added at 19 hrs (2017-03-20 14:51:38 GMT)
--------------------------------------------------
=> lapsing/being cancelled/not materialising
Well, anyway, why deviate from source when it's not necessary.
Restricting the meaning to cancellation of the underlying transaction (order) might be
too narrow as other reasons for an entitlement to commission lapsing/being cancelled are conceivable.
--------------------------------------------------
Note added at 19 hrs (2017-03-20 14:51:38 GMT)
--------------------------------------------------
=> lapsing/being cancelled/not materialising
Something went wrong...