When accepting orders for the delivery and assembly of air duct systems, Lukamembers use contract conditions which often indicate that, unless stated otherwise, the agreed price is fixed and binding. If, however, increases in price-determining factors have been contractually laid down, Luka members shall apply the risk regulation set out below.
Arrangements for offsetting of changes in wage costs and material prices:
The contractor shall be entitled to change the price agreed when the orderwas placed if one or more of the cost price factors changes after the date of the offer.
The contractor shall provide the client with a statement of the relevantprice factors, which are, as a rule: the wage factor (L) and/or thematerial factor (M)(L....%: M. %).
- Offsetting payroll changes shall be accomplished by periodicdetermination of the percentage change, as follows:
______ 100% =..........%
L1 is the wage level on the offer date, L2 the wage level on the change date. The wage level on the respective dates will be the Norm Wage VNG per hour as published by VNG.
- The offsetting of material price changes takes place on the basis of indexfigures of the VNG. The percentage of change is determined as follows:
_______ 100% =..........%
M1 is the VNG price index (published as above) at the date of offer, and M2 the VNG price index at the date of change.
- Each instalment invoice of the contract sum issued by the Contractor shall beadjusted by the modified cost price factors (in the percentages indicated under3 and 4). The percentage shall be determined according to the standards andindex values applicable on the date of the instalment invoice concerned.Offsetting of partial invoices will not take place.
Luka members in principle apply, when accepting orders for the delivery and installation of air duct systems, delivery and payment conditions that correspond to the conditions issued by the Metaalunie (Dutch organisation of entrepreneurs in the Medium and Small Businesses in the Metal Industry). If price increases are passed on, contrary to what is stated in these conditions, the above risk regulation shall also apply.