英语翻译A.Disclaimers of Express and Implied Warranties.Some jur

英语翻译
A.Disclaimers of Express and Implied Warranties.
Some jurisdictions imply professional warranties,and almost all jurisdictions allow express warranties.The prudent draftsman of an architect-oriented contract will attempt todisclaim them.A proposed clause might read as follows:
12.4.DISCLAIMER OF WARRANTIES.Architect does not warrant or guarantee any particular result from its services and specifically disclaims any warranties,express or implied,which may arise by statute,common law,or equity.The excluded warranties include,but are not limited to,any implied warranty that work or professional services will be performed in a good and workmanlike manner,or any express warranty,written or oral,regarding either its services or the suitability of any of the Contract Documents.
A.Eliminating Claimants
1 Third-Party Beneficiaries
Paragraph 9.7 of the AIA B141 contains a clause eliminating third-party beneficiaries,and the AIA General Conditions ¶1.1.2 repeats it.These are intended primarily to avoid the existence of any contractual relationship between the contractor and the Architect,without which the contractor has no contractual claim against the Architect.See,Bernard Johnson,Inc.v.Continental Constructors,Inc.,630 S.W.2d 365 (Tex.App.--Austin,1982,no writ).
2 Subrogated Insurors
A common form of troublesome claims arising out of a construction process are those of subrogated insurors,whose decision to sue is made by a person completely remote from the construction process,much less the construction team.The Architect should attempt to eliminate these claims by obtaining the agreement of the Owner -- and,through the Owner,the contractor -- to waive the subrogation rights of their insurors.¶11.3.7 of the General Conditions is a successful attempt to do this,see Temple Eastex,Inc.v.Old Orchard Creek Partners,Ltd.,848 S.W.2d 724,729 (Tex.App.--Dallas,1992,writ denied).The AIA Owner/Architect Agreement,¶9.4 does so,as well,but in a clause which is not conspicuous,andwhich does not require the agreement of the insurance companies to the waiver.(Whether the insurance companies’ agreement is required may be an open question under Texas law.See,Seamless Floors v.Value Line Homes,Inc.,438 S.W.2d 598,601-02 (Tex.App.--Ft.Worth,1969,writ ref’d n.r.e.)).In order to remedy these potential problems,the Owner/Architect Agreement should contain a clause similar to the following:

A. Disclaimers of Express and Implied Warranties.
Some jurisdictions imply professional warranties, and almost all jurisdictions allow express warranties. The prudent draftsman of an architect-oriented contract will attempt to disclaim them. A proposed clause might read as follows:
A 明示和暗示担保的否认
某些司法权暗示专业的担保,而几乎所有司法权都允许明示担保.一份面向建筑师的合同的审慎起草将试图否认他们.一条推荐的条款可以读出如下：
12.4. DISCLAIMER OF WARRANTIES.
12.4 担保的否认
Architect does not warrant or guarantee any particular result from its services and specifically disclaims any warranties, express or implied, which may arise by statute, common law, or equity. The excluded warranties include, but are not limited to, any implied warranty that work or professional services will be performed in a good and workmanlike manner, or any express warranty, written or oral, regarding either its services or the suitability of any of the Contract Documents. 建筑师不担保或保证源自自己服务的任何特定的结果,而且特别否认任何可能由法令、普通法或权益而产生的、明示的或暗示的担保.排除的担保包括,但不限于有关于其服务或任何合同文件的适用性的任何暗示的担保（工作或专业服务将以良好而熟练的方式履行的担保）,或任何明示的担保,不管是书面的还是口头的.
A. Eliminating Claimants
消除索赔
1 Third-Party Beneficiaries
1第三方受益者
Paragraph 9.7 of the AIA B141 contains a clause eliminating third-party beneficiaries, and the AIA General Conditions ¶1.1.2 repeats it. These are intended primarily to avoid the existence of any contractual relationship between the contractor and the Architect, without which the contractor has no contractual claim against the Architect. See, Bernard Johnson, Inc. v. Continental Constructors, Inc., 630 S.W.2d 365 (Tex.App.--Austin, 1982, no writ).
AIA B141文件的9.7段落包含一项消除第三方受益者的条款,而AIA“一般条件”1.1.2条款重复了此条款.这些主要旨在避免在承包商和建筑师之间存在任何合同的关系,没有它,承包商对建筑师就没有合同性的索赔.参见Bernard Johnson, Inc. 公司对大陆建筑商公司的案例630 S.W.2d 365 (Tex.App.--Austin, 1982, 无法院命令)
2 Subrogated Insurors
2 代位保险人（公司）
A common form of troublesome claims arising out of a construction process are those of subrogated insurors, whose decision to sue is made by a person completely remote from the construction process, much less the construction team. 由施工过程产生的、有点麻烦的索赔常见的形式是代位保险人的索赔,它们起诉的决定是由一个远离施工过程的个人做出的,很少是由施工团队做出的.The Architect should attempt to eliminate these claims by obtaining the agreement of the Owner -- and, through the Owner, the contractor -- to waive the subrogation rights of their insurors. 建筑师应试图通过得到业主的同意,并通过业主得到承包商的同意而取消这些索赔,以放弃他们保险人的代位权.¶11.3.7 of the General Conditions is a successful attempt to do this, see Temple Eastex, Inc. v. Old Orchard Creek Partners, Ltd., 848 S.W.2d 724, 729 (Tex.App.--Dallas, 1992, writ denied). AIA“一般条件”的11.3.7条款是这样做的成功尝试,参见Temple Eastex, Inc. 公司对Old Orchard Creek Partners, Ltd.,公司的案例, 848 S.W.2d 724, 729 (Tex.App.--Dallas, 1992, 法院命令被否定).The AIA Owner/Architect Agreement, ¶9.4 does so, as well, but in a clause which is not conspicuous, andwhich does not require the agreement of the insurance companies to the waiver. (Whether the insurance companies’ agreement is required may be an open question under Texas law. See, Seamless Floors v. Value Line Homes, Inc., 438 S.W.2d 598, 601-02 (Tex.App.--Ft. Worth, 1969, writ ref’d n.r.e.)). In order to remedy these potential problems, the Owner/Architect Agreement should contain a clause similar to the following:
AIA的业主/建筑师协议9.4条款也这样做,不过是在一条不醒目的、不要求保险公司同意放弃权利的条款中.（在得克萨斯的法律下,是否要求保险公司的同意可能是一个开放的问题.参见Seamless Floors 公司对Value Line Homes, Inc., 公司的案例,438 S.W.2d 598, 601-02 (Tex.App.--Ft. Worth, 1969, writ ref’d n.r.e.))..为了补救这些潜在的问题,业主/建筑师协议应包含一条类似于以下的条款：