主要ポイント
- Define contractual terms in the contract; do not assume shared meaning across markets.
- Analytical terms must be paired with a method reference to be enforceable.
- Trade terms must be paired with a named place and an edition.
Nutrition vocabulary
Crude protein, digestible amino acids, metabolisable energy, ash, crude fibre and NDF describe different things and are not interchangeable. A specification that names a nutrient without naming the analytical method has not actually specified anything measurable.
Trade vocabulary
Lot, consignment, shipment and cargo are used loosely in correspondence but carry distinct meanings in sampling and acceptance clauses. Fixing these definitions in the contract prevents a dispute over whether a result applies to a container or to the whole vessel.
Quality-system vocabulary
Verification, validation, conformity, deviation and non-conformance have precise meanings in quality management. Using them accurately in correspondence makes a quality claim credible and traceable.
確認事項
- Contract includes a definitions clause for lot, shipment and acceptance
- Each specified parameter names its analytical method
- Both parties use the same language version as the governing text
管理すべきリスク
- Two parties acting in good faith on different definitions of the same term
- Translated contract text shifting the meaning of a technical parameter
- Undefined terms leaving an acceptance clause unenforceable
よくある誤り
- Assuming industry shorthand is legally precise
- Specifying protein without a method or moisture basis
- Relying on email correspondence to define contractual vocabulary
用語
- Consignment
- Goods sent together under one transport document to one consignee.
- Non-conformance
- A documented failure to meet a specified requirement.
- Verification
- Objective evidence that specified requirements have been fulfilled.
よくある質問
Why keep technical terms in English in a multilingual contract?
Analytical parameters and method references are quoted verbatim in international standards and certificates. Keeping them in the original English avoids ambiguity, while the surrounding commercial text can be translated.
Where should definitions live?
In a definitions clause in the master agreement, referenced by every purchase order, so the vocabulary does not have to be renegotiated for each shipment.