Common use of Prices Clause in Contracts

Prices. 5.1. The supplier shall be entitled to amend price lists and other quotations at any time. 5.2. Unless expressly agreed otherwise, goods delivered to the customer shall be charged at the prices as shown on the most recent applicable price list or other quotations from the supplier, or at the supplier’s generally current prices, applicable on the day of delivery. 5.3. All prices are exclusive of discount or surcharge and exclude any tax or duties due as applicable at the time of delivery, unless expressly agreed otherwise in writing. 5.4. In the event of a price having already been agreed on conclusion of the agreement, then this price shall be based on the material costs, raw material costs, salaries, social security costs, transport costs, fuel costs etc. current at that time and shall be exclusive of any taxes or other duties. In the event of one or more price factors undergoing an increase after the agreement has been concluded, the supplier shall be entitled to increase the agreed price accordingly and to invoice the price in full to the customer. 5.5. In the event of a price increase as referred to in the previous paragraph, as opposed to government measures which oblige the supplier or authorise the supplier to increase a price, the customer shall be entitled to terminate the agreement, on condition that this is done in writing within five working days of the date on which the supplier informed the customer of the price increase, however without the supplier being liable to payment of any compensation, all subject to the extent to which the agreement has already been (partially) performed. In the event of partial performance, it shall only be possible for the customer to terminate the agreement partially. The customer shall not have this right to termination if more than three months have elapsed between the date on which the agreement was entered into and the date on which the price was increased.