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