Article 3 Prices and Payments
3.1 Orders shall be accepted either on a fixed price basis or on a subsequent costing basis.
3.2 If a fixed price is agreed, a separate charge may be made for costs or cost increases which could not reasonably have been foreseen at the time when the agreement was concluded, if the term of the agreement or the duration of the work involved exceeds three months.
3.3 If the agreed completion date for the order is exceeded by more than three months through no fault of the contractor, the price shall be fixed on a subsequent costing basis, using the original agreed amount as a basic price.
3.4 If no fixed price is agreed, the amount payable shall be determined on a subsequent costing basis in accordance with the contractor’s usual methods and rates. If the contractor has stated a basic price, this shall constitute no more than a non-binding estimate of the costs.
3.5 For orders of EUR 12.000 and higher, with an expected term for the duration of more than three months, the contractor can, at the client’s request, set a limit on the price which, once reached, automatically relieves the contractor of any obligation to continue the work, if and in so far as this would entail spending more on the execution of the order than the set limit.
3.6 The contractor reserves the right to invoice the client periodically for work already performed and is entitled to receive advance payment or security for payment.
3.7 In the event of failure to pay by the due date, or to provide the required security for payment, the contractor cannot be held to its obligation to continue the work, without prejudice to contractor’s remaining rights.
3.8 The client shall pay an invoice within 30 days of the invoice date, in euros, without deductions or retainment of any amounts owed by the contractor. If the client fails to pay within this term, he shall be legally in default, with no notification of default being required, and shall be obliged to pay interest at the official rate, calculated from the final payment date, as well as legal and extra-juridical debt collection costs.
3.9 Unless otherwise agreed, all payments for work performed, pricesand other costs shall be exclusive of value added tax (VAT) and other taxes and levies.
3.10 If in relation to the work performed, the contractor or its personnel should become involved as expert-witness or in any other capacity in legal, arbitration or other proceedings, the client shall pay the contractor for the work and costs pertaining to this involvement, on the basis of the contractor’s rates at that moment.
3.11 All agreements shall be deemed to have been concluded in euros.