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I don't get how the word "spätestens" makes sense in this context? Does it mean that they can increase the price in the first two months, but not later then that?

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  • It might be helpful to know, in which business this AGBs are used. I guess the price depends on a third party, where the costs can only be estimated in advance. After signing, the one party can fix the contract with that third party, but won't sign such a contract without having a written and signed contract with the first one, because of the risk. Mar 8 '17 at 21:08
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Yes, I would also understand that this means that the other party can increase the price until two months after the contract was signed.

This is a strange wording in AGBs. I could imagine that in some particular long-running contract, where the final costs are unclear at signature time, but not in general. Also, it is accepted that prices based on offers might change (usually by at most 10%) if the offer was to low and there is a reason given for it. (i.e. the bricklayer found that he had to rebuild the whole structure below the new wall he was supposed to build).

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  • I don't think, this is strange. Maybe the price depends on other currencies or goods traded via exchange or auctions like flowers. For example, the Aalsmeer Flower Action en.wikipedia.org/wiki/Aalsmeer_Flower_Auction
    – fanlim
    Mar 8 '17 at 10:12
  • Languagewise it is straightforward with the explanation you give. Whether it is strange legally is another question. Mar 9 '17 at 8:03
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I would say it means "prices are subject to change at the latest of 2 months, after contract-signing".

Spätestens = at the latest...

But still your example sounds awkward. Maybe you can provide a little more of the original-text? Or give a link to the AGB? Sometimes sense comes in context ;)

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Apparently, this clause tries to reserve the right of the contractor to change pricing after contract closure. It is, however, put somewhat awkwardly. Whether it does or doesn't make sense - depends on the type of contract. You would normally assume a fixed price is only valid up to a certain time limit, thus limiting price validity exactly the other way round.

I suspect there is a little "bis" gone astray in the sentence that could have made the clause a bit more clear:

Preiserhöhungen bis spätestens zwei Monate nach Vertragsabschluss müssen wir uns vorbehalten.

Would mean "we might be forced to increase prices and reserve our right to do that, but limited to two months after contract signage."

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  • On the other hand, with bis, the sentence could be misinterpreted to mean that the increased price is only in effect until the end of the 2nd month. Mar 9 '17 at 6:16

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