Fluctuations. 35.1 The contract price shall be deemed to have been calculated to include all duties on materials and goods to be incorporated into the finished Works unless otherwise stated in the contract. If at any time during the period of the contract the duties shall be varied and this shall affect the cost to the Contractor of such materials, then the Quantity Surveyor shall assess the net difference in cost of such materials. Any amount from time to time so assessed shall be added to or deducted from the contract price, as the case may be. For purposes of this clause, 'duties' shall include all customs and excise charges, tariffs, V.A.T and other taxes and duties imposed by statutory or other authority in the country where the Works are being carried out. 35.2 The contract price shall be deemed to be based on exchange rates current at the date of tender in calculating the cost to the Contractor of materials to be specifically imported (by express provisions in the contract bills or specifications) for permanent incorporation in the Works. Unless otherwise stated in the contract, if at any time during the period of the contract the exchange rates shall be varied and this shall affect the cost to the Contractor of such materials, then the Quantity Surveyor shall assess the net difference in the cost of such materials. Any amount from time to time so assessed shall be added to or deducted from the contract price, as the case may be. 35.3 Unless otherwise stated in the contract, the contract price shall be deemed to have been calculated in the manner set out below and in sub-clauses 35.4 and 35.5 and shall be subject to adjustment in the events specified there under. 35.3.1 The prices contained in the contract bills shall be deemed to be based upon the rates of wages and other emoluments and expenses as determined by the Joint Building Council of Kenya (J.B.C) and set out in the schedule of basic rates annexed to the contract bills.
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