Price variation clauses

Drafting notes

This set of price variation clauses provide contractual mechanisms to allow for variations in the price of goods or services supplied in a contract. The clauses are only suitable in the context of the supply of goods or services under a business to business contract, and not in relation to a consumer contract. The clauses are drafted from the perspective of the supplier, but also contain options addressing the approach a customer may wish to take.

1 Price variation (events prior to delivery of goods or products)

Confirmed Price Date means insert number days before [delivery of the Products OR Goods].

1.1 At any time prior to the Confirmed Price Date only, the Supplier may, by notice to the Customer, increase the Price of the Products OR Goods to reflect any one or more of the following:

  • 1.1.1 any increase in cost beyond the Supplier's reasonable control insert details, e.g., ‘including the price of raw materials', or details relating to energy costs (among other matters);

  • 1.1.2 any change in delivery date, quantity or specification requested by the Customer; and/or