Clause 4: Prices

1. The stipulated prices and work that have been agreed on the basis of a firm offer, shall be firm for the specific project for which the offer was made or - in case the project continues for over 3 months - for a period of 3 months after the agreement was concluded, without prejudice to the contractor's right to alter the stipulated prices at any moment because of cost price increasing conditions as referred to in Clause 4.6.

2. In case of unforeseen circumstances that are of such nature that, according to criteria of reasonableness and fairness, the customer cannot expect the agreement to be maintained unchanged, the contractor shall have the right to alter the prices and work and/or to dissolve the agreement with the customer fully or partly without judicial intervention and without being obliged to pay compensation.

3. All the contractor's offers shall always contain exclusively such work and related costs that are specifically described in the offer; the cost of import duties, turnover tax (VAT), levies, administrative charges, insurance, telex, telephone, fax, postage and the like shall not be included in the offer, unless stated otherwise.

4. When no price quotation can be made in the offer (consider, for instance, investigations, expertises and laboratory work), the fee chargeable to the customer shall be determined by the contractor in accordance with the requirements of reasonableness and fairness and sound business practice, after completion of the work.

5. All freights, reimbursements, taxes, (import) duties, contributions, levies, fines and/or other charges or costs by whatever name, regarding or relating to the business or the work, shall be for the customer's account and risk and shall be paid to the contractor on demand.

6. The rates and fees shall be based on the costs prevailing at the time the agreement was made. The contractor shall have the right to recharge all cost price increasing conditions occurring in the meantime, such as changes in the cost of wages, cost prices of services rendered by third parties, of raw materials or supplies and/or exchange rate adjustments.


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