General Terms and Conditions of MT - Mangisch Translations

Unless otherwise agreed in writing, the following terms and conditions shall apply for all services provided by MT - Mangisch Translations (hereinafter referred to as “MT“).

1. Quotations

All quotations, estimates, and agreements issued by MT are subject to these terms and conditions. All quotations and prices are without obligation, unless otherwise stated in the order confirmation.

2. Client’s obligation to cooperate and to supply information

The client must provide, in good faith and in good time, all information and documents necessary for effecting the translation, for example, client’s glossaries, illustrations, diagrams, tables, etc. All information and documents relating to an order shall be delivered in the written word. MT carries no liability for the translation of hand-written documents or other illegible documents.

3. Confirmation of order/conclusion of contract

In placing an order, the client shall accept these terms and conditions. All agreements (including alterations and supplements) require written confirmation by MT. MT is entitled to correct errors in its quotations, invoices, and communications (typing errors and miscalculations) as well as totals derived from such errors.

4. Third Party

MT is permitted to employ the services of a third party should we consider it necessary. MT is liable for the careful selection of such third party only. In principle, business dealings shall be solely between the client and MT. Any contact between the client and a third party designated by us requires our express approval.

5. Rights of use of translations

In placing an order, the client shall ensure that he or she possesses the lawful copyright to the documents to be processed and shall assign all rights necessary for the translation to MT. If the translation infringes on any rights of third parties, MT shall be indemnified from all claims, including the cost of resulting law suits.

6. Prices

Prices are calculated according to the current price list.

7. Cancellation

Cancellations must be made in writing and as quickly as possible. MT shall invoice all work already done, terminology research and related costs and expenses; not effected work will be charged at 30%.

8. Delivery deadlines

Delivery dates are given in good faith and are correct to the best of our knowledge and belief. Delivery dates are always approximate dates only. The indicated delivery dates are non-binding unless explicitly laid down in writing. MT has the explicit right to make partial deliveries. A delivery is considered to have been realized once the translation has been demonstrably dispatched to the client (dispatch report).

9. Disturbances, force majeure, closure or limitation of services, network or server problems, viruses

MT shall not be liable for damages that may occur if our office is forced to close due to force majeure (e.g. natural disaster, industrial disputes, network or server problems, other transaction or transmission disturbances, or other circumstances beyond our control). In such cases, we reserve the right to withdraw from a contract or to set a new delivery date. The same applies if MT is forced to close the business temporarily or permanently or reduce services for good reason (e.g. death of a family member). MT shall not be liable for damages inflicted by computer viruses. Deliveries via as e-mail or any other data transfer device must be checked for completeness by the client. Claims for damages cannot be accepted otherwise.

10. Postal delivery, electronic transmission

Postal delivery or electronic transmission is effected at the client's risk. MT shall not be liable for loss or damage incurred during delivery.

11. Payment

The invoice shall be settled in full within 30 days of the invoice date. If payment is not received by then, the client shall be deemed to be in default. If delay in payment occurs, MT shall be entitled to withhold any materials (e.g. manuscripts for translation). In the event of any default in payment, 5% interest in arrears shall be charged.

If the terms of payment as agreed upon between MT and client are breached, MT is entitled to suspend work on any pending orders until the client fulfils all payment obligations. This shall also apply to orders where a fixed delivery date was agreed upon.

MT is entitled to demand a reasonable payment on account. Full payment can be demanded in advance from private persons and foreign clients.

12. Correction of mistakes

MT retains the right to correct any mistakes. The client must exercise the right to have any such errors corrected by stating the exact nature of the mistake, with a notice submitted in writing within 5 working days of the date of delivery. Where justified complaints are made in time, the client shall allow MT a reasonable period of grace to correct the mistake. If the client does not want corrections to be made (for whatever reason) he is neither authorized to reduce the fee nor to refuse payment. If the client fails to make a claim within the prescribed period, the translation shall be considered effected in line with the contract and no further claims may be made. Where legally permitted, this also applies to consequential damages.

13. Liability

MT shall be liable in cases of gross negligence and criminal intent. Clients claims for damages (for mistakes, default, arrears, violation of contract, or other legal ground) are limited to the amount of the respective invoice value.

Recourse liability for third party damages is explicitly excluded. MT shall not be liable for damages caused by publication of any nature (incl. speeches) or duplication. Further use of translations shall be at the client’s own risk.

MT shall not be liable for the performance of obligations if MT is affected by force majeure, including strike and lock out. Under such circumstances, either party (MT and client) shall be entitled to cancel the contract. MT is entitled to invoice all work already done.

14. Professional confidentiality

MT is bound to confidentiality over all details that our client entrusts us with. However, where texts are transmitted electronically between the client and MT and possible third party translators, we cannot guarantee total protection of trade secrets, since it is not possible to exclude the possibility of unauthorized third parties gaining access to the texts during transmission. Cooperation with colleagues who are also subject to professional confidentiality does not constitute a breach of this confidentiality clause.

15. Reservation of proprietary rights and copyright

The translation remains the property of MT until payment is made in full. Up to that point the client has no rights of use.

16. Miscellaneous

Should any provision of these General Terms and Conditions be or become invalid, it shall be replaced by a legal provision that comes as close as possible to the intended purpose. The validity of the remaining provisions shall be unaffected.

17. Applicable law

Any legal relations shall be exclusively subject to Swiss law.

18. Place of jurisdiction (venue)

The court of Brig (Valais) in Switzerland shall have exclusive jurisdiction over any and all disputes arising from the contractual relationship.

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