The combination of the verb should and the infinitive also shows a
future action, but with a less degree of probability. This
construction usually occurs in subordinate clauses.
e.g. …if a delay in the delivery should exceed 3 months.
In many cases shall and should are equal in meaning.
e.g. …if the actual cost to us shall / should increase.
The peculiarity of contract is also omitting if in subordinate
clauses with should, and in this case should becomes the first element
in the sentence.
e.g. We hope that you will send as enquires should you need.
Should the above circumstances continue to be in force…
Should Buyers fail to open the letter of credit in time…
One of the most striking features of Business English is a wide use
of verbals, and their study might be interesting for those who learn
and teach English. The system of non-finite forms of the verb
comprises the infinitive, the -ing-form and the participles. It is
common knowledge that verbals are widely used in social English, but
they are often used in business and commercial correspondence as well.
The usage of verbals, however, is very specific and presents certain
difficulties.
One of the most frequently used verbals in business letters is the
infinitive. It may serve as an adjunct to verbs, nouns and adjectives.
Accordingly, infinitive constructions are subdivided into infinitives
as verb adjuncts, infinitives as noun adjuncts and infinitives as
adjective adjuncts [3, P.58]. The most interesting and important for
the research is the first group, so we shall consider only it.
There are six types of patterns in which the infinitive is to be
regarded as a verb adjunct:(
1) an adjunct to an active verb;
2) an adjunct to a passive verb’
3) a complex adjunct to an active verb;
4) a prepositional complex adjunct to an active verb;
5) a wh- infinitive adjunct;
6) an adjunct to a verb in a sentence with a function of the
subject.
The groups of the infinitive as an adjunct to an active verb, the
infinitive as an adjunct to a passive verb and the infinitive as a
complex adjunct to an active verb are used in commercial
correspondence and in contracts in particular. The last three types of
the infinitive are very rarely used in business correspondence or
might be used just occasionally.
The infinitive as an adjunct to an active verb always follows a head-
verb. In business correspondence it is lexically dependent and
commonly found after the following verbs: to agree, to appear, to
arrange, to continue, to decide, to expect, to fail, to hesitate, to
hope, to intend, to like, to manage, to need, to offer, to omit, to
plan, to prefer, to prepare, to propose, to regret, to secure, to try,
to want, to wish.
e.g. They have arranged to produce the equipment.
We won’t fail to provide full particulars as soon as possible.
We propose to settle by bill of exchange at 60 days, documents
against acceptance.
In the case the suppliers want to have any additional information
you should contact us immediately.
Generally in contracts and agreements the infinitive adjunct to an
active verb is a simple infinitive. Sometimes, however, it may be
followed by the perfect infinitive, indicating an action which
precedes that one of the predicate verb. As for the continuous
infinitive in this function the analysis of contracts has proved that
it is hardly ever used.
e.g. Property in goods, to have passed to Buyers when goods have
been put a board.
You don’t appear to have taken into account the annual summer
works’ shut-down.
The delivery of goods was to have taken place last month and we
have been caused serious inconvenience through the delay.
We expect to have been informed by Feb. 15th.
It should also be noted that in commercial correspondence the
subject of the infinitive adjunct is a person (e.g. we, they) or a
thing denoted by the subject of the sentence (e.g. our firm).
e.g. We look forward to your early reply.
The Suppliers inform the Buyers that there had been a fire.
Our enquiries with your representative whom we asked…
The infinitive in business correspondence may also serve as an
adjunct to a passive verb. In this case it always follows its head-
verb and is lexically restricted. The infinitive in this function
follows the following verbs: to consider, to expect, to instruct, to
prepare, to repute, to require.
e.g. The national Bank of Argentina has been instructed to open a
credit valid until 30 November.
The goods are considered to be in conformity with the
certificate.
The delivery date is understood to be the date on which the
Suppliers apply to the Buyers’ Shipping Agents.
The use of the infinitive adjunct to a passive verb is stylistically
restricted. It frequently occurs in newspapers, scientific prose and
business correspondence, but it is not characteristic of literary
style, and in social English it is not common at all.
The infinitive may serve as an adjunct to an active verb followed by
a noun or a pronoun which stands to the infinitive in the relation of
a subject. The combination is lexically restricted, because in
business correspondence it may be found only after the definite verbs
from the following list: to advise, to allow, to ask, to enable, to
expert, to help, to prefer, to urge, to want, to wish.
e.g. We would advise you to take an all-rich insurance policy.
If the period of guarantee has not expired we will ask you to
replace the machine by another one.
Should the Buyers fail to keep this rate of unloading…
We agree to accept this shipment on condition that you…
The complex infinitive adjunct to an active verb is not restricted
stylistically and is in extensive use in scientific and fiction
literature and also in commercial and business correspondence.
The Indefinite Infinitive occurs in contracts in the function of the
predicate, expressing obligation and a future action.
e.g. Delivery to commence in six to eight months and to be completed
in twelve to sixteen months (to commence = will commence).
Date of shipment to be determined by date of Bill of Lading (to
be determined = will be determined).
It is allowed only in texts of contracts and other business documents.
Each contract also has constructions with participles.
e.g. The letter of credit is to be valid for 90 days, all bank
charges being at the expense of the Buyers.
Here is a construction with Participle I where it refers to the noun
in the General Case, which goes before the participle. It is not
common in speech, but it occurs in contracts.
Constructions with the Perfect Participle, however, are rare in
contracts and show an action prior to another one expressed by the
predicate.
e.g. We have included in our claim only the cost of material and
labour, all other expenses connected with the repair not having
been taken into consideration.
Some participles which have no explanatory words in contracts can
either precede or follow a noun. Mostly they are constructions with
Participle II:
e.g. the required specification vs. specification required;
the enclosed letter vs. the letter enclosed.
The Past Participle Passive always follows a noun if it has
explanatory words.
e.g. a telegram received from London;
the cheque attached to the letter.
If a participle shows only an action which is made upon the subject,
it follows a noun.
e.g. The sellers are to inform us of the quantity of the goods
loaded.
Buyers are to accept or pay for the quantity shipped.
The participle showing the quality, if there is one, precedes the
noun:
e.g. illustrated catalogue; damaged goods;
within six weeks of the stipulated time of shipment.
The definite article the in contract has its own peculiarities.
In every contract there are Buyers and Sellers and these words can
be used either with the definite article or without it. Nevertheless,
they are always capitalised: Buyers, Sellers.
e.g. This contract is made between Rossexport, hereinafter called
Sellers…
…and India Electric Company, hereinafter referred to as the
Buyers…
Although in Russian it is always singular, in English it can be
either singular or plural. That is why all variants are possible: the
Buyers – the Sellers; the Buyer – the Seller; Buyer – Seller. The most
common is the first variant though the others are also possible.
e.g. Should the Seller fail to notify the Buyer of a contingency…
If, however, they are to be shipped to Buyer who lives a
considerable distance away… (absence of article)
The goods sold under the present contract are to be delivered by
Sellers and accepted by Buyers. (absence of article)
The definite article is also used with ships.
e.g. The S.S. Svir is to arrive on July, the 5th.
Also the definite article is rarely used after prepositions of the
Latin origin per and ex.
e.g. The goods were shipped per S.S. Svir.
The wheat was delivered ex S.S. Svir.
The definite article is never used with nouns which are followed by
a number in sizes, codes, etc.:
e.g. under Contract № 25; Order № 1015; our account No. 100/1066;
under paragraph 9 of your General Conditions of the order;
Страницы: 1, 2, 3, 4, 5, 6, 7, 8
