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Old 06.12.2015, 12:24
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Kündigungsfrist translation/explanation from contract

Dear All
I signed a contract last Friday with an accountancy firm for the bookkeeping and tax return of my company and yesterday Saturday I received the invoice for 2016 (10 hours of bookkeeping are paid in advance). This company was recommended by a third party company I use to set up my own company.

However, now I think that the choice, for a number of reasons, was not the best one and I would like to cancel the contract.

In the contract it says:

Kündigungsfrist
Das Mandat ist beidseits mit einer Kündigungsfrist von 30 Tagen kündbar. Das Sollte die Auftraggeberin trotz Unterzeichnung dieses Vertrages innert 30 Tagen nach Erhalt der Faktura diese nicht bezahlen, so entsteht kein Mandatverhältnis und der allfällig gesponserte Beitrag an die Firmengründung wird von "name of third party company" in Rechnung gestellt.

Can someone translate this text for me?
Can I cancel the contract and not pay the invoice they have sent me?

Thank you very much in advance!
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Old 06.12.2015, 13:17
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Re: Kündigungsfrist translation/explanation from contract

Here you are:

The contract may be terminated by either party with a notice period of 30 days. If the client - despite having signed the contract - fails to pay the invoice within 30 days after receipt, there will be no contract. Any contribution sponsored to the establishment of the company will be invoiced by "name of the third party".

So yes, you may terminate the contract without paying the invoice.
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  #3  
Old 06.12.2015, 13:21
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Re: Kündigungsfrist translation/explanation from contract

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Here you are:

The contract may be terminated by either party with a notice period of 30 days. If the client - despite having signed the contract - fails to pay the invoice within 30 days after receipt, there will be no contract. Any contribution sponsored to the establishment of the company will be invoiced by "name of the third party".

So yes, you may terminate the contract without paying the invoice.

Thank You very much!
I tried to use Google Translate but I could not figure out the meaning of the translation. Sometimes it is tricky....

I wish you a good day.
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Old 06.12.2015, 14:01
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Re: Kündigungsfrist translation/explanation from contract

If you terminate the contract, do it in writing!!


Additionally, send it "Einschreiben". That way, you know for 100%
sure that they received it.
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Old 06.12.2015, 21:07
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Re: Kündigungsfrist translation/explanation from contract

Quote:
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If you terminate the contract, do it in writing!!


Additionally, send it "Einschreiben". That way, you know for 100%
sure that they received it.
Thank you very much for the advice.

I have just written the termination letter and I will send it tomorrow morning "Einschreiben + Rückschein".

You have all been very helpful!
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Old 08.12.2015, 11:50
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Re: Kündigungsfrist translation/explanation from contract

By the way under Swiss law mandate/agency agreements can be terminated at any time.
(cf. Art. 404 Swiss Code of Obligations, https://www.admin.ch/opc/en/classifi...ndex.html#a404)

Additional information (in German only):
http://www.gerichte-zh.ch/themen/auf...-widerruf.html
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