Rise and Fall. The Contractor shall be entitled to claim an increase to the contract sum if the Contractor can demonstrate to the Principal by written evidence (described in paragraphs (g) and (h) below) that it has necessarily and unavoidably suffered increased costs of the Selected Trades and Materials greater than that which it allowed for in the contract sum, as a direct consequence of changes in economic or market conditions outside the control of the Contractor having regard to the steps a competent contractor in the position of the Contractor would take in respect to mitigating additional costs.
Rise and Fall. The rates in schedule 6 will be adjusted for rise and fall in accordance with the formula set out in schedule 6 with the first review being 1 January 2008 and then every 12 months following this date.
Rise and Fall. 11.1. If FMS makes an adjustment to the Purchase Price in accordance with this clause:
(a) the Client must pay those amounts as adjusted in accordance with the terms of any Agreement or these Terms and Conditions;
(b) FMS must provide reasons for the price increase or decrease, acting reasonably;
(c) provide the Client with reasonable evidence of any cost increase, acting reasonably
Rise and Fall. 4.1 Where the Contract or Works exceeds a period of six (6) months (from issue of order or execution of the Contract to payment of the Contract Price by the Client) and where changes in prime material costs during this period can be substantiated and exceed 5%, the change in material costs shall be claimed as a variation at a rate of cost plus 10%.
4.2 Notwithstanding any provisions of the agreement to complete the Works any increase in the costs of supplying the Goods during the life of the project, as a direct or in-direct result of the introduction or increase in an Local State, or Federal Government charges or taxes imposed after the date of the agreement will be fully due and payable by the Client.
Rise and Fall. 5.1. In the instance where We have quoted You for goods, We shall be entitled to claim an increase to the quoted sum if We can demonstrate to You that We have necessarily and unavoidably suffered increased costs of services and materials greater than which could be allowed for in the quoted sum, as a direct consequence of changes in economic or market conditions outside the control of Us.
Rise and Fall. If the:
(a) cost of ASI Delivering particular Goods or performing particular Services increases prior to their Delivery or performance; and
(b) cause of such increase is beyond ASI’s reasonable control, ASI may increase the price of the relevant Good or Service by written notice to the Customer.
Rise and Fall. On the anniversary of the Execution Date or such other date specified in the Contract, any Fees, rates and other amounts payable under the Contract will be adjusted by the application of the rise and fall mechanism set out in Annexure 3 to Schedule 3.
Rise and Fall. On the anniversary of the Execution Date, any Fees, Rates and other amounts payable under the Contract will be adjusted by the application of the rise and fall mechanism set out in Annexure 2 to Schedule 3. 30 GST
(a) Words or expressions used in this clause 30 which are defined in the GST Act have the same meaning as in the GST Act.
(b) Unless otherwise stated, all amounts payable or the value of other consideration provided in respect of the supplies made under the Contract are exclusive of GST and where the value of any supply is to be calculated with reference to a monetary turnover figure, the GST exclusive value of the monetary turnover will be used in calculating the value of the supply.
(c) If a party (supplier) makes a taxable supply under or in connection with the Contract:
(1) the consideration otherwise payable or to be provided for that supply is increased by, and the party paying or providing the consideration (recipient) must also pay to the supplier, an amount equal to the GST payable by the supplier on that supply;
(2) subject to the supplier complying with clause 30(c)(3), the recipient must pay the GST amount in Australian dollars, at the same time and to the same extent as it must pay or provide the consideration for that supply; and
(3) the supplier must issue a valid Tax Invoice or adjustment note to the recipient of the supply at or before the time of payment of the GST inclusive consideration or at such other time as the parties agree.
(d) Where an amount is payable to a party as a reimbursement, indemnification or similar payment calculated by reference to a Loss or any other amount incurred by that party, then such amount must be reduced by any part of that Loss or other amount which is attributable to GST for which that party, or the representative member of any GST group of which that party is a member, is entitled to an input tax credit.
Rise and Fall. Prices listed are subject to alteration without notice to the purchaser between the date of listing and the date or dates of delivery. All goods will be charged for at the prices ruling at the date or dates of delivery.
